La. Admin. Code tit. 43 § XV-3114

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

Section XV-3114 - Eligibility for Provisionally Issued Permits

A. This Section applies to an applicant who owns or controls a surface coal mining and reclamation operation with:

1. a notice of violation issued under §6503 for which the abatement period has not yet expired; or

2. a violation that is unabated or uncorrected beyond the abatement or correction period.

B. The office will find an applicant eligible for a provisionally issued permit under this Section if he or she demonstrates that one or more of the following circumstances exists with respect to all violations listed in Subsection A of this Section:

1. for violations meeting the criteria of Subsection A of this Section, the applicant certifies that the violation is being abated to the satisfaction of the office, and there is no evidence to the contrary;

2. as applicable, the applicant, the applicant's operator, and operations that the applicant or the applicant's operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the agency with jurisdiction over the violation;

3. the applicant is pursuing a good faith:

a. challenge to all pertinent ownership or control listings or findings under §§3131-3135; or

b. administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.

4. the violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.

C. The office will consider a provisionally issued permit to be improvidently issued, and must immediately initiate procedures under §3127 to suspend or rescind that permit, if:

1. violations included in Paragraph B.1 of this Section are not abated within the specified abatement period;

2. the applicant, the applicant's operator, or operations that the applicant or the applicant's operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in Paragraph B.2 of this Section;

3. in the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in Paragraphs B.3 or 4 affirms the validity of the violation or the ownership or control listing or finding; or

4. the initial judicial review decision referenced in Subparagraphs B.3.b or B.4 affirms the validity of the violation or the ownership or control listing or finding.

La. Admin. Code tit. 43, § XV-3114

Promulgated by the Department of Natural Resources, Office of Conservation, LR 37:2731 (September 2011).

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