La. Admin. Code tit. 43 § XV-107

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-107 - Applicability

A. This order applies to all coal exploration, development operations and surface coal mining and reclamation operations, except:

1. the extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by the landowner. Noncommercial use does not include the extraction of coal by one unit of an integrated company or other business or nonprofit entity which uses the coal in its own manufacturing or power plants;

2. the extraction of coal as an incidental part of federal, state or local government-financed highway or other construction in accordance with Chapter 7;

3. the extraction of coal incidental to the extraction of other minerals where coal does not exceed 16 2/3 percent of the total tonnage of coal and other minerals removed for purposes of commercial use or sale in accordance with Chapter 4;

4. the extraction of coal on Indian lands in accordance with 25 CFR 177, Subpart B;

5. coal exploration on federal lands outside a permit area;

6. the office may on its own initiative and shall, within a reasonable time of a request from any person who intends to conduct surface coal mining operations, make a written determination whether the operation is exempt under this Section. The office shall give reasonable notice of the request to interested persons. Prior to the time a determination is made, any person may submit, and the office shall consider, any written information relevant to the determination. A person requesting that an operation be declared exempt shall have the burden of establishing the exemption. If a written determination of exemption is reversed through subsequent administrative or judicial action, any person who, in good faith, has made a complete and accurate request for an exemption and relied upon the determination, shall not be cited for violations which occurred prior to the date of the reversal;

7.

a. the office may terminate its jurisdiction under the regulatory program over the reclaimed site of a completed surface coal mining and reclamation operation, or increment thereof, when it determines in writing that under the permanent program all requirements imposed under the applicable regulatory program have been successfully completed or, where a performance bond was required, the office has made a final decision in accordance with Subpart 4 to release the performance bond fully;

b. following a termination under §107. A.7.a the office shall reassert jurisdiction under the regulatory program over a site if it is demonstrated that the bond release or written determination referred to in §107. A.7.a was based upon fraud, collusion or misrepresentation of a material fact.

La. Admin. Code tit. 43, § XV-107

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 6:296 (June 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.