SECTION 460:20-15-6.7. Unanticipated events or conditions at remining sites

(a)   The applicant is eligible for a permit under OAC 460:20-15-6.6 if an unabated violation:

(1)   Occurred after October 24, 1992; and

(2)   Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the applicant.

(b)   For permits issued under OAC 460:20-33-12, an event or condition is presumed to be unanticipated for the purpose of this section if it:

(1)   Arose after permit issuance;

(2)   Was related to prior mining; and

(3)   Was not identified in the permit application.

[Source: Added at 27 Ok Reg 2558, eff 7-25-10; Amended at 31 Ok Reg 2101, eff 9-12-14]