Violation, when used in the context of the permit application information or permit eligibility requirements of sections 507 and 510 of the Act and related regulations, means -
(1) A failure to comply with an applicable provision of a Federal or State law or regulation pertaining to air or water environmental protection, as evidenced by a written notification from a governmental entity to the responsible person; or
(2) A noncompliance for which OSM has provided one or more of the following types of notice or a State regulatory authority has provided equivalent notice under corresponding provisions of a State regulatory program -
(i) A notice of violation under § 843.12 of this chapter.
(ii) A cessation order under § 843.11 of this chapter.
(iii) A final order, bill, or demand letter pertaining to a delinquent civil penalty assessed under part 845 or 846 of this chapter.
(iv) A bill or demand letter pertaining to delinquent reclamation fees owed under part 870 of this chapter.
(v) A notice of bond forfeiture under § 800.50 of this chapter when -
(A) One or more violations upon which the forfeiture was based have not been abated or corrected;
(B) The amount forfeited and collected is insufficient for full reclamation under § 800.50(d)(1) of this chapter, the regulatory authority orders reimbursement for additional reclamation costs, and the person has not complied with the reimbursement order; or
(C) The site is covered by an alternative bonding system approved under § 800.11(e) of this chapter, that system requires reimbursement of any reclamation costs incurred by the system above those covered by any site-specific bond, and the person has not complied with the reimbursement requirement and paid any associated penalties.


30 CFR § 701.5

Scoping language

As used in this chapter, the following terms have the specified meanings, except where otherwise indicated:

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