Okla. Admin. Code § 165:5-7-35 - Operation of commercial pit, commercial soil farming site and/or commercial recycling facility
(a)
Application . Each application for authority to operate a
commercial pit under 165:10-91, a commercial soil farming site under
165:10-9-2
and/or a commercial recycling facility under
165:10-9-4
shall comply with the application requirements of OAC
165:5-7-1(a)
through (e). The Commission will not accept
an application for an emergency order approving a commercial facility that
requires a permit under OAC
165:10-9-1,
OAC
165:10-9-2
or OAC
165:10-9-4.
(b)
Exhibits. At the time of the
filing of the application , the applicant shall submit all exhibits and
data.
(c)
Dismissal for
noncompliance. Failure to complete the application , submit the exhibits,
serve the notice, and perform the site inspection within sixty (60) days after
the date of filing of the application may be grounds for dismissal of the
application .
(d)
Notice of
the application .
(1)
Contents. The notice of the application shall contain the
following information:
(A) A brief
description of the relief sought.
(B) The terms of the protest
period.
(C) The date and time for a
site inspection to be made by the applicant , a Commission representative and
any interested person .
(D) The
name, address, and telephone number of the applicant or its representative,
whom anyone may contact for additional information concerning the application .
(2)
Form.
The applicant shall prepare the notice of the application to substantially
comply with the form shown in Appendix F to this Chapter.
(3)
Persons to whom notice shall be
given. The applicant shall serve a copy of the application and notice of
the application to:
(A) The Oklahoma
Conservation Commission , 2800 North Lincoln, Suite 160, Oklahoma City, Oklahoma
73105.
(B) Each surface owner and
surface lessee on each tract of land adjacent and contiguous to the site of the
proposed facility.
(4)
Newspaper publications. The applicant shall publish the notice of
the application :
(A) Two times in a newspaper
of general circulation in Oklahoma County, Oklahoma.
(B) Two times in a newspaper of general
circulation in each county where the proposed facility will be located.
(5)
Proof of
notice. The applicant shall submit a certificate of service and
affidavits of publication.
(e)
Protests.
(1)
Timely protests. Any person
objecting to the granting of the application shall file a written protest
within the appropriate protest period. If a protest is filed after filing of
the application but before commencement of the protest period, said protest
shall be deemed to have been timely filed.
(2)
Late protests.
(A) Failure to file a protest within the
prescribed time period shall be deemed a waiver of protest.
(B) The Commission may reinstate a late filed
protest upon motion for good cause shown.
(3)
Form of protest. The
protestant shall file with the Court Clerk its protest which shall be entitled
protest and which shall contain the following information:
(A) Caption from application .
(B) Title: Protest.
(C) Name, address, and telephone number of
protesting parties.
(D) Reasons for
protest.
(4)
Notice
to applicant of protest. The protestant shall serve the applicant with a
copy of his protest within five (5) days after filing of the
protest.
(f)
Protest periods.
(1)
Initial protest period. Any person objecting to the granting of
the application shall file a written protest during the protest period which
shall run for thirty (30) days from the last of the following events to occur:
(A) Filing of the application .
(B) Filing of all required exhibits.
(C) The date on which the last
publication was made.
(D) The date
of completion of service of process on all respondents in the case .
(E) Site inspection of the proposed facility.
(2)
Additional
protest period.
(A) After expiration
of the protest period, an additional ten (10) day protest shall run:
(i) If the applicant amends the application
to change the location of the facility or increase its size; or
(ii) If the applicant files amended exhibits
changing the design of the facility.
(B) The additional protest period shall run
from the date of completion of service of the amendment on the respondents in
the case .
(g)
Unprotested Applications.
(1)
Administrative review. If the application is unprotested, the Oil
and Gas Conservation Division shall review the application without a hearing,
and it shall report its finding to the Commission concerning what relief, if
any, should be granted.
(2)
Remedies after denial or modification. If the Oil and Gas
Conservation Division recommends denial or modification of the relief requested
by the application , the applicant may move for a hearing de novo or file
exceptions to the report as under 165:5-135.
(h)
Withdrawal of protest. If
all protests are withdrawn, the application shall be remanded for
administrative review under (g) of this Section.
(i)
Protested applications.
(1)
Hearing required. A hearing
shall be required on each timely protested application except as provided in
(h) of this Section.
(2)
Notice of hearing. The applicant shall obtain a hearing date from
the Court Clerk subject to approval by the Manager of Pollution Abatement. The
applicant shall send a copy of the notice of hearing to each party of record
not later than fifteen (15) days before the hearing date.
(3)
Contents of the notice. The
notice of hearing shall contain the date, time, and place of hearing.
(4)
Form. The
applicant shall prepare the notice of hearing to comply substantially with the
form shown in Appendix G to this Chapter.
Notes
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