Oklahoma § 45-745.4 - Renewal of permit - Application - Burden of proof Term

§ 45-745.4. Renewal of permit - Application - Burden of proof 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.

Laws 1979, c. 249, § 7, emerg. eff. June 1, 1979.