SECTION 460:20-17-4. Permit renewals

(a)   General. A valid permit, issued pursuant to an approved regulatory program, shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.

(b)   Application requirements and procedures.

(1)   An application for renewal of a permit shall be filed with the Department at least 120 days before expiration of the existing permit term.

(2)   An application for renewal of a permit shall be in the form required by the

Department and shall include at a minimum:

(A)   The name and address of the permittee, the term of the renewal requested, and the permit number or other identifier;

(B)   Evidence that a liability insurance policy or adequate self-insurance under Section 460:20-37-17of this Chapter will be provided by the applicant for the proposed period of renewal;

(C)   A current bond calculation (less than 60 days old) detailing the costs to reclaim the permit by a third party under the approved worst case scenario and evidence that the performance bond in effect for the operation will continue in full force and effect for any renewals requested, as well as any additional bond required by the Department pursuant to Subchapter 37 of this Chapter;

(D)   A copy of the proposed newspaper notice and proof of publication of same, as required by Section 460:20-23-9 of this Chapter; and

(E)   Additional revised or updated information required by the Department.

(3)   Applications for renewal shall be subject to the requirements of public notification and public participation contained in Sections 460:20-15-5 and 460:20-15-8 (b) of this Chapter.

(4)   If an application for renewal includes any proposed revisions to the permit, such revisions shall be identified and subject to the requirements of Section 460:20-17-3.

(c)   Approval process.

(1)   Criteria for approval. The Department shall approve a complete and accurate application for permit renewal, unless it finds, in writing that:

(A)   The terms and conditions of the existing permit are not being satisfactorily met;

(B)   The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and the regulatory program;

(C)   The requested renewal substantially jeopardizes the operator's continuingability to comply with the Act and the regulatory program on existing permit areas;

(D)   The operator has not provided evidence of having liability insurance or self-insurance as required in Section 460:20-37-17 of this Chapter;

(E)   The operator has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed period of renewal, as well as any additional bond the Department might require pursuant to Sub- chapter 37 of this Chapter; or

(F)   Additional revised or updated information required by the Department has not been provided by the applicant.

(2)   Burden of proof. In the determination of whether to approve or deny a renewal of a permit, the burden of proof shall be on the opponents of renewal.

(d)   Renewal term. Any permit renewal shall be for a term not to exceed the period of the original permit established under Section 460:20-15-8 of this Chapter.

(e)   Notice of decision. The Department shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to OSM.

(f)   Administrative and judicial review. Any person having an interest which is or may be adversely affected by the decision of the Department shall have the right to administrative and judicial review set forth in Subchapter 19 of this Chapter.

[Source: Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 31 Ok Reg 2095, eff 9-12-14]