SECTION 460:20-15-7. Permit conditions

  Each permit issued by the Department shall be subject to the following conditions:

(1)   The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to Subchapter 37 of this Chapter.

(2)   The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the Department otherwise directs in the permit.

(3)   The permittee shall comply with the terms and conditions of the permit, all applicable performance standards of the Act, and the requirements of the regulatory program.

(4)   Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, the permittee shall allow the authorized representatives of the Department of Mines to:

(A)   Have the right of entry provided for in Sections 460:20-57-3 and 460:20-57-4 of this Chapter; and

(B)   Be accompanied by private persons for the purpose of conducting an inspection in accordance with Subchapter 57 of this Chapter, when the inspection is in response to an alleged violation reported to the Department by the private person.

(5)   The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of the permit, including, but not limited to:

(A)   Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance;

(B)   Immediate implementation of measures necessary to comply; and

(C)   Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

(6)   As applicable, the permittee shall comply with Section 460:20-3-6(d) and the initial regulatory program or the performance standards of this Chapter for compliance, modification, or abandonment of existing structures.

(7)   The operator shall pay all required reclamation fees for coal produced under the permit for sale, transfer, or use.

(8)   Within thirty days after a cessation order is issued under Section 460:20-59-3 of this Chapter, for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect the permittee shall either submit to the Department the following information, current to the date the cessation order was issued, or notify the Department in writing that there has been no change since the immediately preceding submittal of such information:

(A)   Any new information needed to correct or update the information previously submitted to the Department by the permittee under Section 460:20-23-2(c) of this Chapter; or

(B)   If not previously submitted, the information required from a permit applicant by Section 460:20-23-2(c) of this Chapter.

[Source: Amended at 13 Ok Reg 3495, eff 8-26-96; Amended at 15 Ok Reg 3969, eff 8-28-98]