SECTION 460:20-59-5. Suspension or revocation of permits

(a)   Show cause order.

(1)   The Compliance Manager shall issue an order to a permittee requiring him or her to show cause why his or her permit and right to mine under the Act should not be suspended or revoked, if the Coal Administrator determines that a pattern of violations of any requirement of the Act, this Chapter, the applicable program, or any permit condition required by the Act exists or has existed, and that the violations were caused by the permittee willfully or through unwarranted failure to comply with those requirements or conditions. Violations by any person conducting surface coal mining operations on behalf of the permittee shall be attributed to the permittee, unless the permittee establishes that they were acts of deliberate sabotage. The Compliance Manager shall promptly file a copy of any order to show cause with the Department.

(2)   The Coal Administrator may determine that a pattern of violations exists or has existed, based upon two or more inspections of the permit area within any 12-month period, after considering the circumstances, including:

(A)   The number of violations, cited on more than one occasion, of the same or related requirements of the Act, this Chapter, the applicable program, or the permit;

(B)   The number of violations, cited on more than one occasion, of different requirements of the Act, this Chapter, the applicable program, or the permit; and

(C)   The extent to which the violations were isolated departures from lawful conduct.

(3)   The Coal administrator shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the Act, this Chapter, the applicable program, or the permit during three or more State inspections of the permit area within any 12-month period. If, after such review, the Coal Administrator determines that pattern of violations exists or has existed, he or she shall issue written findings and pursuant to these findings the Compliance Manager shall issue an order to show cause as provided in Paragraph (a)(1) of this Section.

(b)   If the permittee files an answer to the show cause order and requests a hearing, a public hearing shall be provided as set forth in the Rules of Practice and Procedure. The Department shall give 30 days written notice of the date, time, and place of the hearing to the Director, the Coal Administrator, the permittee, and any intervenor. Upon receipt of a notice, the Department shall publish it, if practicable, in a newspaper of general circulation in the area of the surface coal mining and reclamation operation, and shall post it at the State or field office closest to those operations.

(c)   If the Department revokes or suspends the permit and permittee's rights to mine under the Act, the permittee shall immediately cease surface coal mining operations on the permit area and shall:

(1)   If the permit and the right to mine under the Act are revoked, complete reclamation within the time specified in the order; or

(2)   If the permit and the right to mine under the Act are suspended, complete all affirmative obligations to abate all conditions, practices, or violations as specified in the order.

(d)   Whenever a permittee fails to abate a violation contained in a notice of violation or cessation order within the abatement period set in the notice or order or as subsequently extended, the Coal Administrator shall review the permittee's history of violations to determine whether a pattern of violations exists pursuant to this Section, and shall issue written findings to the Compliance Manager who shall issue an order to show cause as appropriate pursuant to Section 460:20-61-7(b)(2).

[Source: Amended at 19 Ok Reg 2841, eff 8-27-02]