N.M. Admin. Code § 19.8.7.702 - COMPLIANCE INFORMATION
Each application shall contain:
A. a statement of whether the applicant or
any subsidiary, affiliate, or person controlled by or under common control with
the applicant has:
(1) had a federal or state
coal mining permit suspended or revoked in the 5 years preceding the date of
submission of the application; or
(2) forfeited a performance bond or similar
security deposited in lieu of bond;
B. a brief explanation of the facts involved
if any such suspension, revocation, or forfeiture referred to in Paragraphs (1)
and (2) of Subsection A of
19.8.7.702 NMAC has occurred,
including:
(1) identification number and date
of issuance of the permit, and the date and amount of bond or similar
security;
(2) identification of the
authority that suspended or revoked the permit or forfeited the bond and the
stated reasons for the action;
(3)
the current status of the permit, bond, or similar security involved;
(4) the date, location, and type of any
administrative or judicial proceedings initiated concerning the suspension,
revocation, or forfeiture; and
(5)
the current status of the proceedings;
C. a listing of each violation notice
received by the applicant in connection with any surface coal mining operation
during the 3-year period before 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 Subsection O of 19.8.1.107 NMAC; for each notice of
violation issued pursuant to
30 CFR
843.12 or under a federal or state program
for which the abatement period has not expired, the applicant shall certify
that such 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:
(1) any identifying numbers for
the operation, including the federal or state permit number and MSHA number,
the dates of issuance of the violation notice and MSHA number, the name of the
person to whom the violation notice was issued, and the name of the issuing
regulatory authority, department or agency;
(2) a brief description of the violation
alleged in the notice;
(3) 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 Subsection C of
19.8.7.702 NMAC to obtain
administrative or judicial review of the violation;
(4) the current status of the proceedings and
of the violation notice; and
(5)
the actions, if any, taken by any person identified in Subsection C of
19.8.7.702 NMAC to abate the
violation;
D. 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.
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