La. Admin. Code tit. 43 § XV-3113

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

Section XV-3113 - Review of Permit Applications

A. Process

1. The applicant for a permit or revision of a permit shall have the burden of establishing that his application is in compliance with all the requirements of the office.

2. The office shall review the complete application and written comments, written objections submitted, and records of any informal conference held under §3105-3109

3. The office shall determine the adequacy of the fish and wildlife plan submitted pursuant to §2713, in consultation with state and federal fish and wildlife management and conservation agencies having responsibilities for the management and protection of fish and wildlife or their habitats which may be affected or impacted by the proposed surface coal mining and reclamation operations.

B. If the office decides to approve the application, it shall require that the applicant file the performance bond or provide other equivalent guarantee before the permit is issued, in accordance with the provisions of Subpart 4.

C. Entry of Information Into AVS

1. Based on an administratively complete application, the office must undertake the reviews required under Subsections D-F of this Section.

2. The office will submit to the federal office, which will then enter into AVS:

a. the information required under §2305; and

b. the information submitted under §2307 pertaining to violations which are unabated or uncorrected after the abatement or correction period has expired.

3. The office will update the information referred to in Paragraph C.2 of this Section upon verification of any additional information submitted or discovered during permit application review.

D. Review of Applicant, Operator, and Ownership and Control Information. The office will rely upon the information required under §2305, information from AVS, and any other available information, to review the applicant's and operator's organizational structure and ownership or control relationships. This review will be conducted before making a permit eligibility determination under Subsection G of this Section.

E. Review of Permit History

1. The office will rely upon the permit history information submitted under §2305, information from AVS, and any other available information to review the applicant's and operator's permit histories. This review will be conducted before making a permit eligibility determination under Subsection G of this Section.

2. The office will determine whether the applicant or operator have previous mining experience.

3. If the applicant or operator do not have any previous mining experience, the office may conduct an additional review under §3521 The purpose of this review will be to determine if someone else with mining experience controls the surface coal mining and reclamation operation.

F. Review of Compliance History. The office will rely upon the violation information submitted under §2307, a report from AVS, and any other available information to review histories of compliance with the Act or these regulations, and any other applicable air or water quality laws, for the applicant, the operator, and surface coal mining and reclamation operations which the applicant or operator own or control. This review will be conducted before making a permit eligibility determination under Subsection G of this Section.

G. Permit Eligibility Determination. Based on the reviews required under Subsections D-F of this Section, the office will determine whether the applicant is eligible for a permit under section 910. C of the Act.

1. Except as provided in §3113 and 3114, the applicant is not eligible for a permit if the office finds that any surface coal mining and reclamation operation that:

a. the applicant directly owns or controls has an unabated or uncorrected violation; or

b. the applicant or operator indirectly control has an unabated or uncorrected violation and the control was established or the violation was cited after November 2, 1988.

2. The office will not issue a permit if the applicant or operator are permanently ineligible to receive a permit under §3521 C

3. After permit approval under §3115, the office will not issue the permit until the applicant complies with the information update and certification requirement of §2304. D After the applicant completes that requirement, the office will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect the applicant's permit eligibility under Paragraphs G.1 and 2 of this Section. The office will request this report no more than five business days before permit issuance under §3119

4. If the applicant is ineligible for a permit under this Section, the office will send written notification of the decision setting forth the reasons for this decision and including notice of appeal rights under Chapter 33.

H. Unanticipated Events or Conditions at Remining Sites

1. The applicant is eligible for a permit under Subsection G of this Section if an unabated violation:

a. occurred after October 24, 1992; and

b. resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the person applying for the new permit.

2. For permits issued under §2913, an event or condition is presumed to be unanticipated for the purpose of this Section if it:

a. arose after permit issuance;

b. was related to prior mining; and

c. was not identified in the permit application.

La. Admin. Code tit. 43, § XV-3113

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), LR 20:447 (April 1994), LR 37:2731 (September 2011).

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