La. Admin. Code tit. 43 § XV-2307

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

Section XV-2307 - Compliance Information

A. Each application shall contain:

1. a statement of whether the applicant, applicant's operator, any subsidiary, affiliate or persons controlled by or under common control with the applicant or applicant's operator has had a federal or state mining permit suspended or revoked in the last five years; or forfeited a mining bond or similar security deposited in lieu of bond;

2. if any such suspension, revocation or forfeiture has occurred, a statement of the facts involved, including:

a. identification number and date of issuance of the permit or date and amount of bond or similar security;

b. identification of the authority that suspended or revoked a permit or forfeited a bond and the stated reasons for that 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; and

e. the current status of these proceedings;

3. for any violation of a provision of 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 or the applicant's operator 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, the applicant's operator, 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:

a. any identifying numbers for the operation, including the federal or state permit number and MSHA number, the dates of issuances 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;

b. a brief description of the particular 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 the applicant to obtain administrative or judicial review of the violations;

d. the current status of the proceedings and of the violation notice; and

e. the actions, if any, taken by the applicant to abate the violation;

4. 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.

La. Admin. Code tit. 43, § XV-2307

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 24:2283 (December 1998), LR37:2730 (September 2011).

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