312 IAC 25-4-59 - Underground mining permit applications; compliance information
Authority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 778.14
Sec. 59.
(a) Each
application shall contain the following information:
(1) A statement of whether the applicant,
operator, 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 a bond.
(2) A brief explanation of the
facts involved, if any such suspension, revocation, or forfeiture referred to
in subdivision (1) has occurred, 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) Identification of the authority that
suspended or revoked the permit or forfeited the bond, and the 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 identified 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 the applicant is notified that his
or her 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
sections 114 and 115 of 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 of this rule before making a permit eligibility
determination under subsection (b).
Notes
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