Section 11-8-2.3-31-3102 - Permit Eligibility DeterminationBased on the reviews required under this chapter, the Department will determine whether the applicant is eligible for a permit under these regulations.
(a) Except as provided for in § 3130 and § 3113, the applicant is not eligible for a permit if the Department finds that any surface coal mining operation that: 1. The applicant directly owns or controls has an unabated or uncorrected violation;2. The applicant or its operator indirectly own or control, regardless of when the ownership or control began, has an unabated or uncorrected violation cited after November 2, 1988; or3. The applicant or its operator indirectly own or control has an unabated or uncorrected violation, regardless of the date the violation was cited, and the applicant's ownership or control was established after November 2, 1988.(b) The applicant is eligible to receive a permit under these regulations if any surface coal mining operation the applicant or its operator indirectly own or control has an unabated or uncorrected violation and both the violation and the applicant's assumption of ownership or control occurred on or before November 2, 1988. However, the applicant is not eligible to receive a permit if there was an established legal basis, independent of authority under § 3121 of these regulations, to deny the permit at the time the applicant or its operator assumed indirect ownership or control or at the time the violation was cited, whichever is earlier.(c) The Permit Board will not issue the applicant a permit if the applicant or its operator are permanently ineligible to receive a permit because: 1. The applicant controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations, and2. 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, its implementing regulations, the regulatory program, or the permit.(d) After the applicant's permit is approved under § 3115, it will not be issued until the applicant complies with the information update and certification requirement of § 2305(1). After the applicant completes that requirement, the Department will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect the applicant's permit eligibility under paragraphs (a) and (b) of this section. The Department will request this AVS report no more than five business days before permit issuance under § 3119.(e) If the applicant is found ineligible for a permit under this section, the Department will send the applicant written notification of the Permit Board's decision. The notification will tell the applicant why it is ineligible and include notice of the applicant's appeal rights under §§ 3301 and 3303.11 Miss. Code. R. § 8-2.3-31-3102