Section 312 IAC 25-4-18 - Surface mining permit applications; compliance informationAuthority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 778.14
Sec. 18.
(a) Each application shall contain the following information: (1) A statement of whether the applicant, operator, or any subsidiary, affiliate, or persons controlled by or under common control with the applicant or the operator has: (A) had a federal or state coal mining permit suspended or revoked in the five (5) years preceding the date of submission of the application; or(B) forfeited a performance bond or similar security deposited in lieu of bond.(2) A brief explanation of the facts involved in any suspension, revocation, or forfeiture referred to in subdivision (1), including the following:(A) The: (i) identification number and date of issuance of the permit; and(ii) date and amount of bond or similar security.(B) The: (i) identification of the authority that suspended or revoked the permit or forfeited the bond; and(ii) stated reasons for the action.(C) The current status of the permit, bond, or similar security involved.(D) The date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture.(E) The current status of the proceedings required in clause (D).(3) A list of all violation notices received by the applicant during the three (3) year period preceding the application date, and a list of all outstanding violation notices received prior to the date of the application by any surface coal mining operation that is deemed or presumed to be owned or controlled by either the applicant or any person who is deemed or presumed to own or control the applicant under the definition of "owned or controlled" and "owns or controls" in 312 IAC 25-1-94. For each notice of violation issued under 312 IAC 25-7-6 or under a federal or state program for which the abatement period has not expired, the applicant shall certify that the notice of violation is in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation. For each violation notice reported, the list shall include the following information as applicable: (A) Any identifying numbers for the operation, including the following: (i) The federal or state permit number and MSHA number.(ii) The dates of issuance of the violation notice and MSHA number.(iii) The name of the person to whom the violation notice was issued.(iv) The name of the issuing regulatory authority, department, or agency.(B) A brief description of the violation alleged in the notice.(C) 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 this subdivision to obtain administrative or judicial review of the violation.(D) The current status of the proceedings and of the violation notice.(E) The actions, if any, taken by any person identified in this subdivision to abate the violation.(b) After an applicant is notified that the application is approved, the director will not issue the permit until the applicant, as applicable, updates, corrects, or indicates that no change has occurred in the information previously submitted under this section. After completion of this requirement, the director will again request a compliance history report from the applicant/violator system to determine if there are any unabated or uncorrected violations that affect permit eligibility under this rule. The director will request this report not more than five (5) business days before permit issuance.(c) The director will rely upon the violation information supplied by the applicant, a report from the applicant/violator system, any other available information to review histories of compliance with this article, the federal Surface Mining Control and Reclamation Act of 1977, or Public Law 95-87, and any other applicable air or water quality laws for entities identified under subsection (a)(1).(d) The director must conduct the review required under section 114(b) of this rule before making a permit eligibility determination under subsection (b).Natural Resources Commission; 312 IAC 25-4-18; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3444, eff Dec 1, 2001; errata filed Nov 20, 2001, 11:55 a.m.: 25 IR 1182; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; filed Apr 13, 2011, 11:16 a.m.: 20110511-IR-312100547FRA, eff Jul 25, 2012; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFAReadopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA