SECTION 460:20-23-3.1. Providing violation information

(a)   The Applicant must state in its permit application, whether the Applicant or its Operator, or any subsidiary, affiliate, or entity which the Applicant or the Applicant's Operator owns or controls or which is under common control with the applicant or its you operator, has:

(1)   Had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year period preceding the date of submission of the application; or

(2)   Forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application.

(b)   For each suspension, revocation, or forfeiture identified under paragraph (a), Applicant must provide a brief explanation of the facts involved, including the information:

(1)   Permit number;

(2)   Date of suspension, revocation, or forfeiture, and, when applicable, the amount of bond or similar security forfeited;

(3)   Regulatory authority which suspended or revoked the permit or forfeited the bond and the stated reasons for the action;

(4)   Current status of the permit, bond, or similar security involved;

(5)   Date, location, type, and current status of any administrative or judicial proceedings concerning the suspension, revocation, or forfeiture.

(c)   A list of all violation notices the applicant or its operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application. In addition, the Applicant must submit a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that the applicant or its operator owns or controls on that date. For each violation notice reported, the applicant must include the following information, when applicable:

(1)   The permit number and associated MSHA number;

(2)   The issue date, identification number, and current status of the violation notice;

(3)   The name of the person to whom the violation notice was issued;

(4)   The name of the regulatory authority or agency which issued the violation notice;

(5)   A brief description of the violation alleged in the notice;

(6)   The date, location, type, and current status of any administrative or judicial proceedings concerning the violation notice;

(7)   If the abatement period for a violation in a notice of violation issued under Section 460:20-59-4 of this chapter, or any State regulatory program equivalent, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation;

(8)   For all violations not covered by paragraph(c)(7) of this section, the actions taken to abate or correct the violation.

[Source: Added at 27 Ok Reg 2558, eff 7-25-10]