La. Admin. Code tit. 43 § XV-3521

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

Section XV-3521 - Post-Permit Issuance Requirements for Regulatory Authorities and Other Actions Based on Ownership, Control, and Violation Information

A. For the purposes of future permit eligibility determinations and enforcement actions, the office must enter into AVS the data shown in the following table.

Enter into AVS all...	Within 30 days after...
(1) permit records	the permit issued or subsequent changes made.
(2) unabated or uncorrected violations	the abatement or correction period for a violation expires.
(3) changes to information initially required to be provided by an applicant under 30 CFR 778.11	receiving notice of a change.
(4) changes in violation status	abatement, correction, or termination of a violation, or a decision from an administrative or judicial tribunal.

B. If, at any time, the office discovers that any person owns or controls an operation with an unabated or uncorrected violation, the office will determine whether enforcement action is appropriate under §6501 The office must enter the results of each enforcement action, including administrative and judicial decisions, into AVS.

C. The office must serve a preliminary finding of permanent permit ineligibility under section 910. C of the Act on the applicant or operator if the criteria in §3521. C.1 and C.2 are met. In making a finding under this Paragraph, the office will only consider control relationships and violations which would make, or would have made, the applicant ineligible for a permit under §3113. G.1 and G.2. The office must make a preliminary finding of permanent permit ineligibility if it finds that:

1. the applicant controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under section 910. C of the Act; and

2. the violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate the applicant's intent not to comply with the Act, these regulations, the regulatory program, or the permit.

D. The applicant may request a hearing on a preliminary finding of permanent permit ineligibility under Chapter 33.

E. Entry into AVS

1. If the applicant does not request a hearing, and the time for seeking a hearing has expired, the office will enter our finding into AVS.

2. If the applicant requests a hearing, the office will enter it's finding into AVS only if that finding is upheld on administrative appeal.

F. At any time, the office may identify any person who owns or controls an entire surface coal mining operation or any relevant portion or aspect thereof. If such a person is identified, the office must issue a written preliminary finding to the person and the applicant or permittee describing the nature and extent of ownership or control. The written preliminary finding must be based on evidence sufficient to establish a prima facie case of ownership or control.

G. After the office issues a written preliminary finding under §3521 F, the office will allow the person subject to the preliminary finding, 30 days in which to submit any information tending to demonstrate his or her lack of ownership or control. If, after reviewing any information submitted, the office is persuaded that the person is not an owner or controller, the will serve the person a written notice to that effect. If, after reviewing any information submitted, the office still finds that the person is an owner or controller, or if no information is submitted within the 30-day period, we will issue a written finding and enter our finding into AVS.

H. If we identify the applicant as an owner or controller under Paragraph G of this Section, the applicant may challenge the finding using the provisions of §3131-3137

La. Admin. Code tit. 43, § XV-3521

Promulgated by the Department of Natural Resources, Office of Conservation, LR 37:2734 (September 2011).

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