312 IAC 25-4-18 - Surface mining permit applications; compliance information
Authority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 778.14
Sec. 18.
(a) Each
application shall contain the following information:
(1) A statement of whether the applicant,
operator, or any subsidiary, affiliate, or persons controlled by or under
common control with the applicant or the operator has:
(A) had a federal or state coal mining permit
suspended or revoked in the five (5) years preceding the date of submission of
the application; or
(B) forfeited a
performance bond or similar security deposited in lieu of bond.
(2) A brief explanation of the
facts involved in any suspension, revocation, or forfeiture referred to in
subdivision (1), including the following:
(A)
The:
(i) identification number and date of
issuance of the permit; and
(ii)
date and amount of bond or similar security.
(B) The:
(i) identification of the authority that
suspended or revoked the permit or forfeited the bond; and
(ii) stated reasons for the action.
(C) The current status of the
permit, bond, or similar security involved.
(D) The date, location, and type of any
administrative or judicial proceedings initiated concerning the suspension,
revocation, or forfeiture.
(E) The
current status of the proceedings required in clause (D).
(3) A list of all violation notices received
by the applicant during the three (3) 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
312
IAC 25-1-94. For each notice of violation issued under
312 IAC
25-7-6 or under a federal or state program for which
the abatement period has not expired, the applicant shall certify that the
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:
(A) Any identifying numbers for the
operation, including the following:
(i) The
federal or state permit number and MSHA number.
(ii) The dates of issuance of the violation
notice and MSHA number.
(iii) The
name of the person to whom the violation notice was issued.
(iv) The name of the issuing regulatory
authority, department, or agency.
(B) A brief description of the violation
alleged in the notice.
(C) The
date, location, and type of any administrative or judicial proceedings
initiated concerning the violation, including, but not limited to, proceedings
initiated by any person identified in this subdivision to obtain administrative
or judicial review of the violation.
(D) The current status of the proceedings and
of the violation notice.
(E) The
actions, if any, taken by any person identified in this subdivision to abate
the violation.
(b) After an applicant is notified that the
application is approved, the director will not issue the permit until the
applicant, as applicable, updates, corrects, or indicates that no change has
occurred in the information previously submitted under this section. After
completion of this requirement, the director will again request a compliance
history report from the applicant/violator system to determine if there are any
unabated or uncorrected violations that affect permit eligibility under this
rule. The director will request this report not more than five (5) business
days before permit issuance.
(c)
The director will rely upon the violation information supplied by the
applicant, a report from the applicant/violator system, any other available
information to review histories of compliance with this article, the federal
Surface Mining Control and Reclamation Act of 1977, or Public Law 95-87, and
any other applicable air or water quality laws for entities identified under
subsection (a)(1).
(d) The director
must conduct the review required under section 114(b) of this rule before
making a permit eligibility determination under subsection (b).
Notes
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