(a)
Application information. An application shall contain the
following information, except that the submission of a social security number
is voluntary:
(1) The name, address, telephone
number and, as applicable, social security number and employer identification
number of the following:
(i) The permit
applicant.
(ii) The resident agent
of the applicant who will accept service of process.
(iii) The person who will pay the abandoned
mine land reclamation fee.
(2) The names and addresses of the owners of
record of the following:
(i) Surface and
subsurface areas contiguous to any part of the proposed permit area.
(ii) Every legal or equitable owner of record
of the coal to be mined and areas to be affected by surface operations and
facilities, including legal and equitable owners of the surface area within the
proposed permit area.
(iii) The
holders of record of a leasehold interest in the coal to be mined and areas to
be affected by surface operations and facilities.
(iv) A purchaser of record under a real
estate contract of the coal to be mined and the areas to be affected by surface
operations and facilities.
(3) The name of the proposed mine and the
Mine Safety and Health Administration (MSHA) Identification Number for the mine
and all mine-associated structures that require MSHA approval.
(4) A listing of lands contiguous to the
proposed permit area for which it is anticipated that individual permits for
mining will be sought as a result of interest in lands, options or pending bids
on interest held or made by the applicant.
(b)
Statement. An
application shall contain a statement of whether the applicant is a
corporation, partnership, single proprietorship, association or other business
entity. For all entities, the application shall contain the following
information, as applicable, for each person who owns or controls the applicant
under the definition of "owned or controlled" or "owns or controls" in §
86.1 (relating to definitions)
except that the submission of a social security number is voluntary:
(1) The name, address, social security number
and employer identification number of every:
(i) Officer.
(ii) Partner.
(iii) Associate.
(iv) Shareholder of at least 10% of the
voting stock.
(v)
Director.
(vi) Other person
performing a function similar to director of the applicant.
(vii) Contractor and subcontractor.
(viii) Person having the ability to commit
the financial or real property assets or working resources of an
entity.
(ix) Person owning or
controlling the coal to be mined under the proposed permit under a lease,
sublease or other contract, and having the right to receive the coal after
mining or having authority to determine the manner in which the proposed coal
mining activity is to be conducted.
(x) Person who has another relationship with
the permit applicant which gives the person authority directly or indirectly to
determine the manner in which the proposed coal mining activity is to be
conducted.
(xi) Person who owns or
controls the persons specified in subparagraphs (i)-(x), either directly or
indirectly through intermediary entities.
(2) For each person listed in paragraph (1),
list the following:
(i) The title of the
person's position.
(ii) The date
the position or stock ownership was assumed, and when submitted under §
86.212(c)
(relating to Federal minimum enforcement action), the date of departure from
the position.
(iii) The percentage
of ownership.
(iv) The location in
the organizational structure.
(v)
The relationship to the applicant.
(c)
Related entity information.
Include the following:
(1) List the
names of entities who, under the definition of "owned or controlled" or "owns
or controls" in §
86.1, own or control the applicant
or who are owned or controlled by the applicant and provide the following
information for each entity:
(i) Identifying
numbers, including employer identification number, Federal or State permit
numbers, permittee name and address and the MSHA numbers with date of issuance
for each permit.
(ii) The
application number or other identifier of and the regulatory authority for
other issued or pending mining operation permit applications filed by the
entity in any State in the United States.
(iii) The name, address, social security
number and employer identification number of every officer, partner, associate,
principal shareholder, director or other person performing a function similar
to director of the entity, including the title of the person's position and the
date the position was assumed.
(2) For each person listed in subsection
(b)(1), who is, or has been, associated with another entity as an owner or
controller, under the definition of "owned or controlled" or "owns or controls"
in §
86.1, within the 5-year period
preceding the date of application, provide the following information:
(i) The name of each entity they are, or
were, associated with.
(ii)
Identifying numbers, including employer identification number, Federal or State
permit number and the MSHA number with date of issuance for each
permit.
(iii) The application
number or other identifier of and the regulatory authority for other issued or
pending mining operation permit applications filed by the entity with which the
person is affiliated in any state in the United
States.
(d)
After an applicant is notified that the application is approved, but before the
permit is issued, the applicant shall either update, correct or submit a
statement that no change has occurred in the information previously submitted
under this section.
Notes
The
provisions of this § 86.62 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075; amended June 17,
2011, effective 6/18/2011, 41
Pa.B. 3084; amended March 13, 2020, effective 3/14/2020, 50 Pa.B.
1508.
The provisions of this § 86.62 amended under
section 5 of The Clean Streams Law (35 P.S. §
691.5); sections 4(a) and 4.2 of the Surface
Mining Conservation and Reclamation Act (52 P.S.
§§
1396.4(a) and
1396.4b); section 3.2 of the
Coal Refuse Disposal Control Act (52 P.S. §
30.53b); section 7(b) of The Bituminous Mine
Subsidence and Land Conservation Act (52 P.S. §
1406.7(b)); and section
1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
86.37 (relating to criteria for
permit approval or denial); 25 Pa. Code §
86.52 (relating to permit
revisions); 25 Pa. Code §
86.53 (relating to reporting of
new information); 25 Pa. Code §
86.55 (relating to permit
renewals: general requirements); 25 Pa. Code §
86.56 (relating to transfer of
permit); 25 Pa. Code §
86.61 (relating to
responsibilities); 25 Pa. Code §
86.195 (relating to penalties
against corporate officers); 25 Pa. Code §
86.212 (relating to Federal
minimum enforcement action); 25 Pa. Code §
86.264 (relating to applications
for assistance); and 25 Pa. Code §
88.381 (relating to general
requirements).
