La. Admin. Code tit. 43 § XV-3129

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

Section XV-3129 - Improvidently Issued Permits: Suspension or Rescission Procedures

A. The office must suspend or rescind the permit upon expiration of the time specified in §3129. A 1

1. Automatic Suspension and Rescission. After a specified period of time not to exceed 90 days the permit automatically will become suspended, and not to exceed 90 days thereafter rescinded, unless within those periods the applicant submits proof, and the office finds, that:

a. the finding of the office under §3127. B was erroneous;

b. the applicant or the applicant's operator has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

c. the violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the applicant or applicant's operator is complying to the satisfaction of the responsible agency; or

d. since the finding was made, the applicant or applicant's operator has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee.

2. Cessation of Operations. After permit suspension or rescission, the office shall issue written notice that the applicant shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the office.

3. The office shall post the notice at the conservation office closest to the permit area.

4. Right to Appeal. The applicant may obtain administrative and judicial review of the notice under §3301

La. Admin. Code tit. 43, § XV-3129

Promulgated by the Department of Natural Resources, Office of Conservation, LR 20:447 (April 1994), amended LR 37:2732 (September 2011).

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