11 Miss. Code R. § 8-2.3-23-2307

Current through December 10, 2024

Section 11-8-2.3-23-2307 - Compliance Information

Each application shall contain:

(a) a statement of whether the applicant, any subsidiary, affiliate or persons controlled by or under common control with the applicant has had a federal or state mining permit suspended or revoked in the five years preceding the date of submission of the application; or forfeited a performance bond or similar security deposited in lieu of bond;

(b) if any such suspension, revocation or forfeiture has occurred, a brief explanation of the facts involved if any such suspension, revocation, or forfeiture referred to in § 2307 (a), including:

(1) identification number and date of issuance of the permit, and the date and amount of bond or similar security;

(2) identification of the authority that suspended or revoked the permit or forfeited the bond and the stated reasons for that action;

(3) the current status of the permit, bond or similar security involved;

(4) the date, location and type of any administrative or judicial proceedings initiated concerning the suspension, revocation or forfeiture; and

(5) the current status of the proceedings.

The applicant shall submit the information required by this section and in a form required by the Department.

(c) A list of all violation notices received by the applicant during the three-year period preceding the application date, and a list of all outstanding violation notices received prior to the date of the application by any surface coal mining operation that is deemed or presumed to be owned or controlled by either the applicant or any person who is deemed or presumed to own or control the applicant under the definition of "owned or controlled" and "owns or controls" in § 105. For each notice of violation issued pursuant to § 6503 or under a federal or state program for which the abatement period has not expired, the applicant shall certify that such notice of violation is in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation. For each violation notice reported, the list shall include the following information, as applicable:

(1) any identifying numbers for the operation, including the federal or state permit number and MSHA number, the dates of issuances of the violation notice and MSHA number, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, Department or agency;

(2) a brief description of the particular violation alleged in the notice;

(3) the date, location and type of any administrative or judicial proceedings initiated concerning the violation including, but not limited to, proceedings initiated by the applicant to obtain administrative or judicial review of the violations;

(4) the current status of the proceedings and of the violation notice; and

(5) the actions, if any, taken by the applicant to abate the violation;

(d) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under this Section.

11 Miss. Code. R. § 8-2.3-23-2307