La. Admin. Code tit. 43 § XV-303
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-303 - ApplicabilityA. Any person who conducts surface coal mining and reclamation operations on non-Indian or nonfederal lands shall have a permit issued pursuant to these regulations.B. The requirements of these regulations shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which these regulations require a permit to be obtained, except as is provided in §303 CC.1. Each structure used in connection with or to facilitate a coal exploration, development or surface coal mining and reclamation operation shall comply with the performance standards and the design requirements of these regulations. a. An existing structure which meets the performance standards of these regulations but does not meet the design requirements of these regulations may be exempted from meeting those design requirements by the office. The office may grant this exemption on non-Indian and nonfederal lands only as part of the permit application process after obtaining the information required by §2705 and after making the findings required in §3117b. An existing structure which meets the performance standards of Subchapter B of 30 CFR Chapter VII, which are at least as stringent as the comparable standard of Subpart 5 of these regulations, may be exempted by the office from meeting the design requirements of these regulations. The office may grant this exemption on non-Indian and nonfederal lands only as part of the permit application process after obtaining the information required by §2705 and after making the findings required in §3117c. An existing structure which meets a performance standard of Subchapter B of 30 CFR Chapter VII which is less stringent than the comparable performance standards of Subpart 5 of these regulations, or which does not meet a performance standard of Subpart 5 for which there was no equivalent performance standard in Subchapter B of 30 CFR Chapter VII shall be modified or reconstructed to meet the design standard of these regulations pursuant to a compliance plan approved by the office on non-Indian and nonfederal lands only as part of the permit application as required in §2705 and according to the findings required by §3117d. An existing structure which does not meet the performance standards of Subchapter B of 30 CFR Chapter VII and which the applicant proposes to use in connection with or to facilitate exploration, development or surface coal mining and reclamation operations shall be modified or reconstructed to meet the design standards of these regulations prior to issuance of the permit.2. The exemptions provided in §303. C.1.a and b shall not apply to: a. the requirements for existing and new waste piles used either temporarily or permanently as dams or embankments;b. the requirements to restore the approximate original contour of the land.D.1. Any person conducting coal exploration or development operations on nonfederal and non-Indian lands on or after the date on which the Louisiana state program is approved shall file a notice of intention to explore or develop and obtain approval of the office as required by Chapter 21.2. Coal exploration and development performance standards in these regulations shall apply to coal exploration or development operations on nonfederal and non-Indian lands which substantially disturb the natural land surface.La. Admin. Code tit. 43, § XV-303
Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), amended LR 20:447 (April 1994).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.