1. (a) The applicant is eligible for a permit under OAC 460:20-15-6.6 if an unabated violation:

   1. (1) Occurred after October 24, 1992; and
   2. (2) Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the applicant.

2. (b) For permits issued under OAC 460:20-33-12, an event or condition is presumed to be unanticipated for the purpose of this section if it:

   1. (1) Arose after permit issuance;
   2. (2) Was related to prior mining; and
   3. (3) Was not identified in the permit application.

Added at 27 Ok Reg 2558, eff 7-25-10

Amended at 31 Ok Reg 2101, eff 9-12-14