Okla. Stat. tit. 45, § 45-745.4
This is the official text of Okla. Stat. tit. 45, § 45-745.4, part of Oklahoma’s Stat. tit. 45, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 45,." Browse the sections below, each linked to its official government source.
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Renewal of permit - Application - Burden of proof -
Official statutory text
Term.
Any valid permit issued pursuant to this act shall carry with it
the right of successive renewal with respect to areas within the
boundaries of the existing permit. The holders of the permit may
apply for renewal and such renewal shall be issued, provided that on
application for renewal the burden shall be on the opponents of
renewal, subsequent to fulfillment of the public notice requirements
of Sections 15 and 17 of this act unless it is established that and
written findings by the Department are made declaring:
1. The terms and conditions of the existing permit are not
being satisfactorily met;
2. The present surface coal mining and reclamation operation is
not in compliance with the environmental protection standards of
this act and the state program;
3. The renewal requested substantially jeopardizes the
operator's continuing responsibility on existing permit areas;
4. The operator has not provided evidence that the performance
bond in effect for said operation will continue in full force and
effect for any renewal requested in such application as well as any
additional bond the Department might require; or
5. Any additional revised or updated information required by
the Department has not been provided. Prior to the approval of any
renewal of permit the Department shall provide notice to the
appropriate public authorities.
If an application for renewal of a valid permit includes a
proposal to extend the mining operation beyond the boundaries
authorized in the existing permit, the portion of the application
for renewal of a valid permit which addresses any new land areas
shall be subject to the full standards applicable to new
applications under this act.
Any permit renewal shall be for a term not to exceed the period
of the original permit established by this act. Application for
permit renewal shall be made at least one hundred twenty (120) days
prior to the expiration of the valid permit.
Any valid permit issued pursuant to this act shall carry with it
the right of successive renewal with respect to areas within the
boundaries of the existing permit. The holders of the permit may
apply for renewal and such renewal shall be issued, provided that on
application for renewal the burden shall be on the opponents of
renewal, subsequent to fulfillment of the public notice requirements
of Sections 15 and 17 of this act unless it is established that and
written findings by the Department are made declaring:
1. The terms and conditions of the existing permit are not
being satisfactorily met;
2. The present surface coal mining and reclamation operation is
not in compliance with the environmental protection standards of
this act and the state program;
3. The renewal requested substantially jeopardizes the
operator's continuing responsibility on existing permit areas;
4. The operator has not provided evidence that the performance
bond in effect for said operation will continue in full force and
effect for any renewal requested in such application as well as any
additional bond the Department might require; or
5. Any additional revised or updated information required by
the Department has not been provided. Prior to the approval of any
renewal of permit the Department shall provide notice to the
appropriate public authorities.
If an application for renewal of a valid permit includes a
proposal to extend the mining operation beyond the boundaries
authorized in the existing permit, the portion of the application
for renewal of a valid permit which addresses any new land areas
shall be subject to the full standards applicable to new
applications under this act.
Any permit renewal shall be for a term not to exceed the period
of the original permit established by this act. Application for
permit renewal shall be made at least one hundred twenty (120) days
prior to the expiration of the valid permit.
Status: in_force · Read it on the official government site
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