SECTION 460:20-4-10. Revocation and enforcement

(a)   Department responsibility. The Department shall conduct annual compliance review of the mining area, utilizing the annual report submitted pursuant to Section 460:20-4-11, an on-site inspection and any other information available to the regulatory authority.

(b)   Possible revocation. If the Department has reason to believe that a specific mining area was not exempt under the provisions of this Subchapter at the end of the previous reporting period, is not exempt, or will be unable to satisfy the exemption criteria at the end of the current reporting period, it shall notify the operator that the exemption may be revoked and the reason (s) therefor. The exemption will be revoked unless the operator demonstrates to the Department within 30 days that the mining area in question should continue to be exempt.

(c)   Department revocation.

(1)   If the Department finds that an operator has not demonstrated that activities conducted in the mining area qualify for the exemption, the Department shall revoke the exemption and immediately notify the operator and intervenors. If a decision is made not to revoke an exemption, the Department shall Immediately notify the operator and intervenors.

(2)   Any adversely affected person may request administrative review of a decision whether to revoke an exemption within 30 days of the notification of such decision in accordance with procedures established under Oklahoma's Rules of Practice and Procedure of the Coal Reclamation Act of 1979. (3) A petition for administrative review filed under Oklahoma's Rules of Practice and Procedure of the Coal Reclamation of 1979. shall not suspend the effect of decision whether to revoke an exemption.

(d)   Direct enforcement.

(1)   An operator mining in accordance with the terms of an approved exemption shall not be cited for violations of the regulatory program which occurred prior to the revocation of the exemption.

(2)   An operator who does not conduct activities in accordance with the terms of an approved exemption and knows or should know such activities are not in accordance with the approved exemption shall be subject to direct enforcement action for violations of the regulatory program which occur during the period of such activities.

(3)   Upon revocation of an exemption or denial of an exemption application, an operator shall stop conducting surface coal mining operations until a permit is obtained and shall comply with the reclamation standards of the applicable regulatory program with regard to conditions, areas and activities existing at the time of revocation or denial.

[Source: Added at 11 Ok Reg 4225, eff 7-25-94]