Statutes, codes, and regulations
Louisiana Administrative Code
Title 43 - NATURAL RESOURCESPart XV - Office of Conservation-Surface MiningSubpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems
Chapter 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions
Section XV-3117 - Criteria for Permit Approval or Denial: Existing Structures

La. Admin. Code tit. 43 § XV-3117

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Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-3117 - Criteria for Permit Approval or Denial: Existing Structures
A. No application for a permit or revision which proposes to use an existing structure in connection with or to facilitate the proposed surface coal mining and reclamation operation shall be approved, unless the applicant demonstrates and the office finds, in writing, on the basis of information set forth in the complete application that:
1. if the applicant proposes to use an existing structure in accordance with the exemption provided in §303. C.1 a:
a. the structure meets the performance standards of the Act and Subpart 5; and
b. no significant harm to the environment or public health or safety will result from use of the structure;
2.
a. if the applicant proposes to use an existing structure in accordance with the exemption provided in §303. C.1 b:
i. the structure meets the performance standards of the Act and Subchapter B of 30 CFR Chapter VII;
ii. no significant harm to the environment or public health or safety will result from use of the structure; and
iii. the performance standards of Subchapter B of 30 CFR Chapter VII are at least as stringent as the performance standards of Subpart 5;
b. if the office finds that the structure meets the criteria of §303. C.1.a and b, but does not meet the criteria of §303. C.1 c, the office shall require the applicant to submit a compliance plan for modification or reconstruction of the structure and shall find prior to the issuance of the permit that:
i. the modification or reconstruction of the structure will bring the structure into compliance with the design and performance standards of Subpart 5 as soon as possible, but not later than six months after issuance of the permit;
ii. the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction; and
iii. the applicant will monitor the structure to determine compliance with the performance standards of Subpart 5.
B. Should the office find that the existing structure cannot be reconstructed without causing significant harm to the environment or public health or safety, the applicant will be required to abandon the existing structure. The structure shall not be used for or to facilitate surface coal mining operations after the effective date of issuance of the permanent regulatory program permit. Abandonment of the structure shall proceed on a schedule approved by the office, in compliance with §5429

La. Admin. Code tit. 43, § XV-3117

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994).
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.