Ill. Admin. Code tit. 62, § 1778.14 - Violation Information
a) The
applicant must state in the permit application whether it, the operator or any
subsidiary, affiliate or entity that it or the operator owns or controls, or
that is under common control with the applicant or the operator, has:
1) had a federal or State permit for surface
coal mining suspended or revoked during the five-year period preceding the date
of submission of theapplication; or
2) forfeited a performance bond, or similar
security deposited in lieu of bond, in connection with surface coal mining and
reclamation operations during the five-year period preceding the date of
submission of the application.
b) For each suspension, revocation or
forfeiture identified under subsection (a), the applicant must provide a brief
explanation of the facts involved, including the:
1) permit number;
2) date of suspension, revocation or
forfeiture and, when applicable, the amount of bond or similar security
forfeited;
3) regulatory authority
that suspended or revoked the permit or forfeited the bond and the stated
reasons for that action;
4) the
current status of the permit, bond or similar security involved; and
5) the date, location, type and current
status of any administrative or judicial proceedings concerning the suspension,
revocation or forfeiture.
c) A list of all violation notices the
applicant or the operator received for any surface coal mining and reclamation
operation during the three-year period preceding the date of submission of the
application. In addition, the applicant must submit a list of all unabated or
uncorrected violation notices incurred in connection with any surface coal
mining and reclamation operation that the applicant or the operator own or
control on that date. For each violation notice reported, the applicant shall
include the following information as applicable:
1) the permit number and associated MSHA
number;
2) the issue date,
identification number and current status of the violation notice;
3) the name of the person to whom the
violation notice was issued;
4) the
name of the regulatory authority or agency that issued the violation
notice;
5) a brief description of
the violation alleged in the notice;
6) the date, location, type and current
status of any administrative or judicial proceedings concerning the violation
notice;
7) if the abatement period
for a violation in a notice of violation issued under 62 Ill. Adm. Code
1843.12 has
not expired, certification that the violation is being abated or corrected to
the satisfaction of the agency with jurisdiction over the violation;
and
8) for all violations not
covered by subsection (c)(7), the actions taken to abate or correct the
violation.
d) An
application shall contain information about the applicant's present financial
condition that would provide assurance to the Department that no further
forfeiture would be expected.
e)
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. Information submitted as a change shall be
evaluated in the same manner as the original application.
Notes
Amended at 22 Ill. Reg. 20260, effective November 5, 1998
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