16 Tex. Admin. Code § 12.156 - Identification of Interests and Compliance Information
(a) Certification and update of existing
permit application information.
(1) If an
applicant has previously applied for a permit and the required information is
already in AVS, then the applicant may update the information in its
application as follows:
(A) If all or part of
the information already in AVS is accurate and complete, the applicant may
certify to the Commission by swearing or affirming, under oath and in writing,
that the relevant information in AVS is accurate, complete, and up to
date.
(B) If part of the
information in AVS is missing or incorrect, the applicant must submit to the
Commission the necessary information or corrections, and swear or affirm, under
oath and in writing, that the information submitted is accurate and
complete.
(C) If the applicant can
neither certify that the data in AVS is accurate and complete, nor make the
needed corrections, the applicant must provide the information required under
this section.
(2) After
approval of an application but before issuance of a permit, the applicant must
update, correct, or indicate that no change has occurred to the information
previously submitted under this section.
(b) Permit applicant and operator
information. Each permit application shall contain:
(1) a statement indicating whether the
applicant or its operator are corporations, partnerships, associations, sole
proprietorships, or other business entities;
(2) taxpayer identification numbers for the
applicant and its operator;
(3) the
name, address, and telephone number for:
(A)
the applicant;
(B) the applicant's
resident agent who will accept service of process;
(C) any operator, if different from the
applicant; and
(D) each business
entity in the applicant's and operator's organizational structure, up to and
including the ultimate parent entity of the applicant and operator; for every
such business entity, the applicant must also provide the required information
for every president, chief executive officer, and director (or persons in
similar positions), and every person who owns, of record, 10 percent or more of
the entity;
(4) for the
applicant and its operator, and for each officer, partner, member, director,
person performing a function similar to a director, and person who owns, of
record, 10 percent or more of the applicant or operator, the following
information:
(A) the person's name, address,
and telephone number;
(B) the
person's position title and relationship to the applicant, including percentage
of ownership and location in the organizational structure; and
(C) the date the person began serving in that
position.
(c)
Permit history information. The permit applicant must provide a list of all
names under which it, its operator, partners or principal shareholders, and the
operator's partners or principal shareholders operate or previously operated a
surface coal mining operation in the United States within the five-year period
preceding the date of submission of the application.
(1) For the applicant and operator, the
applicant must provide a list of any pending permit applications for surface
coal mining operations filed in the United States. The list must identify each
application by its application number and jurisdiction, or by other identifying
information when necessary.
(2) For
any surface coal mining operations that the applicant or operator owned or
controlled within the five-year period preceding the date of submission of the
application, and for any surface coal mining operation the applicant or
operator owns or controls on that date, the application must include the:
(A) permittee's and operator's name and
address;
(B) permittee's and
operator's taxpayer identification numbers;
(C) Federal or State permit number and
corresponding MSHA number;
(D)
regulatory authority with jurisdiction over the permit; and
(E) permittee's and operator's relationship
to the operation, including percentage of ownership and location in the
organizational structure.
(d) Property interest information. For the
property to be mined, the applicant must provide in the permit application the
following information:
(1) the name and
address of each:
(A) legal or equitable owner
of record of the surface and mineral estate;
(B) holder of record of any leasehold
interest; and
(C) purchaser of
record under a real estate contract;
(2) the name and address of each owner of
record, as reflected in the tax records of the county where the land is
located, of all property (surface and subsurface) contiguous to any part of the
proposed permit area;
(3) a
statement of all interests, options, or pending bids held by the applicant or
that the applicant has made for lands contiguous to the proposed permit area;
however, if requested by the applicant in writing, the Commission will hold as
confidential, under §
12.210 of this title (relating to
Public Availability of Information in Permit Applications on File with the
Commission), any information required to be submitted under this paragraph
which is not on public file under State law; and
(4) the Mine Safety and Health Administration
(MSHA) numbers for all structures that require MSHA approval.
(e) Violation information.
(1) The applicant must state in the permit
application whether it, an operator, or any subsidiary, affiliate, or entity
which it or an operator owns or controls or which is under common control with
it or an operator, has:
(A) had a Federal or
State permit for surface coal mining operations suspended or revoked during the
five-year period preceding the date of submission of the application;
or
(B) 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.
(2) For each suspension, revocation, or
forfeiture identified under paragraph (1) of this subsection, the applicant
must provide a brief explanation of the facts involved, including the:
(A) permit number;
(B) date of suspension, revocation, or
forfeiture, and, when applicable, the date and amount of bond or similar
security forfeited;
(C) regulatory
authority that suspended or revoked the permit or forfeited the bond and the
stated reasons for the action;
(D)
current status of the permit, bond, or similar security involved; and
(E) date, location, type, and current status
of any administrative or judicial proceedings concerning the suspension,
revocation, or forfeiture.
(3) The applicant must provide a list of all
violation notices that the applicant or operator received for any surface coal
mining and reclamation operation during the three-year period preceding the
date of submission of the application, and a list of all unabated or
uncorrected violation notices incurred in connection with any surface coal
mining and reclamation operation that it or its operator own or control on the
date of the application. For each violation notice reported, the applicant must
include the following information, when applicable:
(A) the permit number and associated MSHA
number;
(B) the issue date,
identification number, and current status of the violation notice;
(C) the name of the person to whom the
violation notice was issued;
(D)
the name of the regulatory authority or agency that issued the violation
notice;
(E) a brief description of
the violation alleged in the notice;
(F) the date, location, type, and current
status of any administrative or judicial proceedings concerning the violation
notice;
(G) if the abatement period
for a violation in a notice of violation issued under §
12.678 of this title (relating to
Notices of Violation) has not expired, certification that the violation is
being abated or corrected to the satisfaction of the agency with jurisdiction
over the violation; and
(H) for all
violations not covered by subparagraph (G) of this paragraph, the actions taken
to abate or correct the violation.
(f) Commission actions. The Commission need
not make a finding as provided for under §
12.234(c) of
this title (relating to Challenge of Ownership or Control, Information on
Ownership and Control, and Violations, and Applicant/Violator System
Procedures) before entering into AVS the information required to be disclosed
under this section; however, the listing in AVS of a person identified in
subsection (b) of this section does not create a presumption or constitute a
determination that such person owns or controls a surface coal mining
operation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.