La. Admin. Code tit. 43 § XV-3123

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

Section XV-3123 - Conditions of Permits: General and Right of Entry

A. Each permit issued by the office shall ensure that:

1. except to the extent that the office otherwise directs in the permit that specific actions be taken, the permittee shall conduct all surface coal mining and reclamation operations as described in the complete application;

2. the permittee shall allow the authorized representatives of the secretary of interior, including, but not limited to, inspectors and fee compliance officers, and the office, without advance notice or a search warrant, upon presentation of appropriate credentials, and without delay, to have the rights of entry provided for in §6303 and 6305, and be accompanied by private persons for the purpose of conducting an inspection in accordance with Chapter 63, when the inspection is in response to an alleged violation reported to the office by the private person;

3. the permittee shall conduct surface coal mining and reclamation operations only on those lands specifically designated on the maps submitted under Chapters 25-27 and approved for the term of the permit and which are subject to the performance bond or other equivalent guarantee in effect pursuant to Subpart 4;

4. the operator shall pay all reclamation fees required by Subchapter R of 30 CFR Chapter VII for coal produced under the permit for sale, transfer or use, in the manner required by that Subchapter;

5. the office shall require in the permit that adequate bond coverage be in effect at all times;

6. within 30 days after a cessation order is issued under §6501 for operations conducted under the permit, except where a stay of the cessation order is granted and remains in effect, the permittee shall either submit to the office the following information, current to the date the cessation order was issued, or notify the office in writing that there has been no change since the immediately preceding submittal of such information:

a. any new information needed to correct or update the information previously submitted to the office by the permittee under §2305. A 3; or

b. if not previously submitted, the information required from a permit applicant by §2305. A 3

La. Admin. Code tit. 43, § XV-3123

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.