La. Admin. Code tit. 43 § XV-3111

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

Section XV-3111 - Public Availability of Information in Permit Applications on File with the Office

A. General Availability. Except as provided in §3111. B or C, all applications for permits, revisions, renewals, transfers, assignments or sales of permit rights on file with the office shall be available, at reasonable times, for public inspection and copying.

B. Limited Availability. Except as provided in §3111. C 1, information pertaining to coal seams, test borings, core samplings or soil samples in an application shall be made available to any person with an interest which is or may be adversely affected. Information subject to this Subsection shall be made available to the public when such information is required to be on public file pursuant to state law.

C. Confidentiality. The office shall provide procedures, including notice and opportunity to be heard for persons both seeking and opposing disclosure, to ensure confidentiality of qualified confidential information, which shall be clearly identified by the applicant and submitted separately from the remainder of the application. Confidential information is limited to:

1. information that pertains only to the analysis of the chemical and physical properties of the coal to be mined, except information on components of such coal which are potentially toxic in the environment;

2. information required under §908 of the Act that is not on public file pursuant to state law and that the applicant has requested in writing to be held confidential;

3. information on the nature and location of archaeological resources on public land and Indian land as required under the Archaeological Resources Protection Act of 1979 ( Pub. L. 96-95, 93 Stat. 721, 16 U.S.C. 470).

La. Admin. Code tit. 43, § XV-3111

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).

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