Ala. Admin. Code r. 880-X-8D-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 880-X-8D-.06 - Compliance Information

Each application shall contain --

(a) A statement of whether the applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant has --

1. Had a Federal or State mining permit suspended or revoked in the last five years; or

2. Forfeited a mining bond or similar security deposited in lieu of bond.

(b) If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, including --

1. Identification number and date of issuance of the permit or date and amount of bond or similar security;

2. Identification of the authority that suspended or revoked a permit or forfeited a bond and the stated reasons for that action;

3. The current status of the permit, bond, or similar security involved;

4. The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and

5. The current status of these proceedings.

(c) For any violation of a provision of 30 USC 1201, etseq., the Act, or of any law, rule or regulation of the United States, or of any State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, a list of all violation notices received by the applicant during the three year period preceding the application date, and a list of all unabated cessation orders and unabated air and water quality violation notices received prior to the date of the application by any surface coal mining and reclamation operation owned or controlled by either the applicant or by any person who owns or controls the applicant. For each violation notice or cessation order reported, the lists shall include the following information, as applicable:

1. Any identifying numbers for the operation, including the Federal or State permit number and MSHA number, the dates of issuance of the violation notice and MSHA number, the name of the person to whom the violation notice was issued, and the name of the issuing Regulatory Authority, department or agency;

2. A brief description of the particular violation alleged in the notice;

3. The date, location, and type of any administrative or judicial proceedings initiated concerning the violation, including, but not limited to, proceedings initiated by any person identified in Paragraph (c) of this section to obtain administrative or judicial review of the violations;

4. The current status of the proceedings and of the violation notice; and

5. The actions, if any, taken by any person identified in Paragraph (c) of this section to abate the violation.

(d) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under this section.

(e) The information required by this section shall be submitted in a format prescribed by the Alabama Surface Mining Commission and where applicable, the U. S. Department of Interior, Office of Surface Mining Reclamation and Enforcement.

Author: Randall C. Johnson

Ala. Admin. Code r. 880-X-8D-.06

May 20, 1982. Amended: September 12, 1991; effective June 10, 1992.

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83, 84, 85, 86, 88, 90, 92, 96.