reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 55 - Special Permanent Program Performance Standards: Operations on Prime Farmland › Section XV-5507 - Prime Farmland: Soil Replacement

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface coal mining and reclamation
				  operations on prime farmland shall be conducted according to the following.
1. The minimum depth of soil and soil
				  material to be reconstructed for prime farmland shall be 48 inches, or a depth
				  equal to the depth of a subsurface horizon in the natural soil that inhibits
				  root penetration, whichever is shallower. The office shall specify a depth
				  greater than 48 inches wherever necessary to restore productive capacity due to
				  uniquely favorable soil horizons at greater depths. Soil horizons shall be
				  considered as inhibiting root penetration if their densities, chemical
				  properties or water supply capacities restrict or prevent penetration by roots
				  of plants common to the vicinity of the permit area and have little or no
				  beneficial effect on soil productive capacity.
2. Replace soil material only on land which
				  has been first returned to final grade and scarified according to
				  §5405-5413 unless site-specific evidence is provided and approved by the
				  office showing that scarification will not enhance the capability of the
				  reconstructed soil to achieve equivalent or higher levels of yield.
3. Replace and regrade the soil horizons or
				  other suitable soil material with proper compaction and uniform
				  depth.
4. Replace the B horizon, C
				  horizon, or other suitable material specified in §5503. A.2 to the
				  thickness needed to meet the requirements of §5507. A.1 In those areas
				  where the B or C horizons were not removed but may have been compacted or
				  otherwise damaged during the mining operation, the operator shall engage in
				  deep tilling or other appropriate means to restore premining
				  capabilities.
5. Replace the A
				  horizon or other suitable soil materials specified in §5503. A.1 as the
				  final surface soil layer. This surface soil layer shall equal or exceed the
				  thickness of the original soil, as determined in §2907. A.1 b, and be
				  replaced in a manner that protects the surface layer from wind and water
				  erosion before it is seeded or planted.
6. Apply nutrients and soil amendments as
				  needed to quickly establish vegetative growth.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 57 - Special Permanent Program Performance Standards: Operations on Steep Slopes › Section XV-5701 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any surface coal
				  mining and reclamation operations on steep slopes shall meet the requirements
				  of this Chapter.
B. The standards
				  of this Chapter do not apply to mining conducted on a flat or gently rolling
				  terrain with an occasional steep slope through which the mining proceeds and
				  leaves a plain or predominantly flat area.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 57 - Special Permanent Program Performance Standards: Operations on Steep Slopes › Section XV-5703 - Steep Slopes: Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Surface coal mining and reclamation
				  operations subject to this Chapter shall comply with requirements of Subpart 3
				  and the following, except to the extent a variance is approved under
				  §5705
1. The person engaged in surface
				  coal mining and reclamation operations shall prevent the following materials
				  from being placed or allowed to remain on the downslope: spoil, waste materials
				  including waste mineral matter, debris including that from clearing and
				  grubbing of haul road construction, and abandoned or disabled
				  equipment.
2. Nothing in this
				  Subsection shall prohibit the placement of material in road embankments located
				  on the downslope, so long as the material used and embankment design comply
				  with the requirements of §5433-5435 and the material is moved and placed
				  in a controlled manner.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 57 - Special Permanent Program Performance Standards: Operations on Steep Slopes › Section XV-5705 - Steep Slopes: Limited Variances

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Persons may be granted variances from the approximate original contour
				  requirements of §5703. B for steep slope surface coal mining and
				  reclamation operations, if the following standards are met and a permit
				  incorporating the variance is approved under §2905
1. The highwall shall be completely
				  backfilled with spoil material, in a manner which results in a static factor of
				  safety of at l.3 using standard geotechnical analysis.
2. The watershed control of the area within
				  which the mining occurs shall be improved by reducing the peak flow from
				  precipitation or thaw and reducing the total suspended solids or other
				  pollutants in the surface-water discharge during precipitation or thaw. The
				  total volume of flow during every season of the year shall not vary in a way
				  that adversely affects the ecology of any surface water or any existing or
				  planned public or private use of surface water or ground water.
3. Land above the highwall may be disturbed
				  only to the extent that the office deems appropriate and approves as necessary
				  to facilitate compliance with the provisions of this Chapter and if the office
				  finds that the disturbance is necessary to:
a.
				  blend the solid highwall and the backfilled material;
b. control surface runoff; or
c. provide access to the area above the
				  highwall.
4. The
				  landowner of the permit area has requested, in writing, as part of the permit
				  application under §2905, that the variance be granted.
5. The operations are conducted in full
				  compliance with a permit issued in accordance with §2905
6. Only the amount of spoil as is necessary
				  to achieve the post-mining land use, ensure the stability of spoil retained on
				  the bench, and meet all other requirements of the Act and these regulations
				  shall be placed in accordance with §5365-5371
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 59 - Special Permanent Program Performance Standards: Coal Processing Plants and Support Facilities Not Located at or near the Minesite or Not within the Permit Area for a Mine › Section XV-5901 - Applicability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person who
				  conducts surface coal mining and reclamation operations, which includes the
				  operation of a coal processing plant or support facility which is not located
				  within the permit area for a specific mine, shall obtain a permit in accordance
				  with §2909 to
				  conduct those operations and comply with §5903
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 59 - Special Permanent Program Performance Standards: Coal Processing Plants and Support Facilities Not Located at or near the Minesite or Not within the Permit Area for a Mine › Section XV-5903 - Coal Processing Plants: Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Construction, operation, maintenance,
				  modification, reclamation and removal activities at operations covered by this
				  Chapter shall comply with the following.
1.
				  Signs and markers for the coal processing plant, coal processing waste disposal
				  area and water treatment facilities shall comply with §5301
2. Roads, transport and associated structures
				  shall be constructed, maintained and reclaimed in accordance with
				  §5433-5435
3. Any stream or
				  channel realignment shall comply with §5323
4. If required by the office, any disturbed
				  area related to the coal processing plant or associated facilities shall have
				  sediment control structures, in compliance with
				  §5325 and 5327,
				  and all discharges from these areas shall meet the requirements of
				  §5319-5321 and any other applicable state or federal law.
5. Permanent impoundments associated with
				  coal processing plants shall meet the requirements of
				  §5333 Dams
				  constructed of or impounding coal processing waste shall comply with
				  §5391-5395
6. Use of water
				  wells shall comply with
				  §5341 and water
				  rights shall be protected in accordance with §5343
7. Disposal of coal processing waste, solid
				  waste and any excavated material shall comply with §§5375-5387, 5389,
				  and 5365-5371, respectively.
8.
				  Discharge structures for diversions and sediment control structures shall
				  comply with §5329
9. Air
				  pollution control measures associated with fugitive dust emissions shall comply
				  with §5397
10. Fish,
				  wildlife and related environmental values shall be protected in accordance with
				  §5399
11. Slide areas and
				  other surface areas shall comply with §5401
12. Reclamation shall include proper topsoil
				  handling procedures, revegetation and abandonment in accordance with
				  §§5309-5317, 5347, 5403-5415, 5417-5423, and 5427-5431.
13. Conveyors, buildings, storage bins or
				  stockpiles, water treatment facilities, water storage facilities, and any
				  structure or system related to the coal processing plant shall comply with
				  Chapter 53.
14. Any coal processing
				  plant or associated structures located on prime farmland shall meet the
				  requirements of Chapter 55.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 61 - Special Permanent Program Performance Standards: In Situ Processing › Section XV-6101 - In Situ Processing: Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. The person who conducts in situ processing
				  activities shall comply with Chapter 53.
B. In situ processing activities shall be
				  planned and conducted to minimize disturbance to the prevailing hydrologic
				  balance by:
1. avoiding discharge of fluids
				  into holes or wells, other than as approved by the office;
2. injecting process recovery fluids only
				  into geologic zones or intervals approved as production zones by the
				  office;
3. avoiding annular
				  injection between the wall of the drill hole and the casing; and
4. preventing discharge of process fluid into
				  surface waters.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 61 - Special Permanent Program Performance Standards: In Situ Processing › Section XV-6103 - In Situ Processing: Monitoring

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each person who conducts in situ
				  processing activities shall monitor the quality and quantity of surface water
				  and ground water and the subsurface flow and storage characteristics, in a
				  manner approved by the office under §5339, to measure changes in the
				  quantity and quality of water in surface- and ground-water systems in the mine
				  plan and in adjacent areas.
B. Air
				  and water quality monitoring shall be conducted in accordance with monitoring
				  programs approved by the office as necessary according to appropriate federal
				  and state air and water quality standards.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 63 - Inspections › Section XV-6301 - Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authorized
				  representatives of the commissioner may conduct inspections of surface coal
				  mining and reclamation operations as necessary to enforce the provisions of the
				  Act, these regulations and any permit, and to determine whether any notice of
				  violation or cessation order issued during an inspection authorized under this
				  Section has been complied with.
B.
				  Basis for Inspections
1. An authorized
				  representative of the commissioner shall immediately conduct an inspection to
				  enforce any requirement of the Act, these regulations, or any condition of a
				  permit or an exploration or development operations approval imposed under the
				  Act or these regulations, when the authorized representative has reason to
				  believe, on the basis of information available to him or her (other than
				  information resulting from a previous inspection), that there exists a
				  violation of the Act, these regulations, or any condition of a permit or an
				  exploration or development operations approval, or that there exists any
				  condition, practice or violation which creates an imminent danger to the health
				  or safety of the public or is causing or can reasonably be expected to cause a
				  significant, imminent environmental harm to land, air or water
				  resources.
2. An authorized
				  representative shall have reason to believe that a violation, condition or
				  practice exists if the facts alleged by the informant would, if true,
				  constitute a condition, practice or violation referred to in §6301.
				  B 1
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 63 - Inspections › Section XV-6303 - Citizens' Requests for Inspections

Current through Register Vol. 50, No. 6, June 20, 2024
A. A citizen may request an inspection under
				  §6301. B by furnishing to an authorized representative of the commissioner
				  a signed, written statement, or an oral report followed by a signed, written
				  statement, giving the authorized representative reason to believe that a
				  violation, condition or practice referred to in §6301. B.1 exists and
				  setting forth a phone number and address where the citizen can be
				  contacted.
B. The identity of any
				  person supplying information to the office relating to a possible violation or
				  imminent danger or harm shall remain confidential with the office, if requested
				  by that person, unless that person elects to accompany the inspector on the
				  inspection, or unless disclosure is required under other state law.
C. If an inspection is conducted as a result
				  of information provided to the office by a citizen as described in §6303 A, the citizen shall be notified as far in advance as practicable as to when
				  the inspection is to occur and shall be allowed to accompany the authorized
				  representative of the commissioner during the inspection. Such person has a
				  right of entry to, upon and through the coal exploration, development or
				  surface coal mining and reclamation operation about which he or she supplied
				  information, but only if he or she is in the presence of and is under the
				  control, direction and supervision of the authorized representative while on
				  the mine property. Such right of entry does not include a right to enter
				  buildings without consent of the person in control of the building or without a
				  search warrant.
D. Within 10 days
				  of the inspection or, if there is no inspection, within 15 days of receipt of
				  the citizen's written statement, the office shall send the citizen the
				  following:
1. if an inspection was made, a
				  description of the enforcement action taken, which may consist of copies of the
				  inspection report and all notices of violation and cessation orders issued as a
				  result of the inspection or an explanation of why no enforcement action was
				  taken;
2. if no inspection was
				  conducted, an explanation of the reason why;
3. an explanation of the citizen's right, if
				  any, to informal review of the action or inaction of the office under
				  §6309
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 63 - Inspections › Section XV-6305 - Right of Entry

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each authorized
				  representative of the commissioner conducting an inspection under §6301:
1. shall have a right of entry to, upon and
				  through any coal exploration, development or surface coal mining and
				  reclamation operation, without advance notice or a search warrant, upon
				  presentation of appropriate credentials;
2. may, at reasonable times and without
				  delay, have access to and copy any records and inspect any monitoring equipment
				  or method of operation required under the Act, these regulations, or any
				  condition of an exploration or development operations approval or permit
				  imposed under the Act or these regulations.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 63 - Inspections › Section XV-6307 - Review of Adequacy and Completeness of Inspection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who is or may be adversely
				  affected by a surface coal mining and reclamation operation or a coal
				  exploration or development operation may notify the commissioner in writing of
				  any alleged failure on the part of the office to make adequate complete or
				  periodic inspections as provided in §6301. B 1, C and D. The notification
				  shall include sufficient information to create a reasonable belief that
				  §6301. B 1, C or D are not being complied with and to demonstrate that the
				  person is or may be adversely affected. The commissioner shall within 15 days
				  of receipt of the notification determine whether §6301. B 1, C and D are
				  being complied with and, if not, shall immediately order an inspection to
				  remedy the noncompliance. The commissioner shall also furnish the complainant
				  with a written statement of the reasons for such determination and the actions,
				  if any, taken to remedy the noncompliance.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S. 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 63 - Inspections › Section XV-6309 - Review of Decision Not to Inspect or Enforce

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person who is or may be adversely
				  affected by a coal exploration, development or surface coal mining and
				  reclamation operation may ask the commissioner to review informally an
				  authorized representative's decision not to inspect or take appropriate
				  enforcement action with respect to any violation alleged by that person in a
				  request for inspection under §6303 The request for review shall be in
				  writing and include a statement of how the person is or may be adversely
				  affected and why the decision merits review.
B. The commissioner shall conduct the review
				  and inform the person, in writing, of the results of the review within 30 days
				  of his or her receipt of the request. The person alleged to be in violation
				  shall also be given a copy of the results of the review, except that the name
				  of the citizen shall not be disclosed unless confidentiality has been waived or
				  disclosure is required under applicable state law.
C. Informal review under this Section shall
				  not affect any right to formal review under §925 of the Act or to a
				  citizen's suit under §920 of the Act.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 63 - Inspections › Section XV-6311 - Availability of Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Copies
				  of all records, reports, inspection materials or information obtained by the
				  office under the Act or these regulations shall be made immediately available
				  to the public in the area of mining until at least five years after expiration
				  of the period during which the subject operation is active or is covered by any
				  portion of a reclamation bond so that they are conveniently available to
				  residents of that area, except that the office may refuse to make available:
1. investigatory records compiled for law
				  enforcement purposes; and
2.
				  information not required to be made available under §2101. C.3
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6501 - Cessation Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1. An authorized representative of the
				  commissioner shall immediately order a cessation of surface coal mining and
				  reclamation operations or of the relevant portion thereof, if he or she finds,
				  on the basis of any inspection, any condition or practice, or any violation of
				  the Act, these regulations, or any condition of an exploration or development
				  operations approval or permit imposed under any such program, the Act or these
				  regulations, which:
a. creates an imminent
				  danger to the health or safety of the public; or
b. is causing or can reasonably be expected
				  to cause significant, imminent environmental harm to land, air or water
				  resources.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6503 - Notice of Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				  authorized representative of the commissioner shall issue a notice of violation
				  if on the basis of an inspection he finds a violation of the Act, these
				  regulations, or any condition of a permit or an exploration or development
				  operations approval imposed under the Act or these regulations which does not
				  create an imminent danger or harm for which a cessation order must be issued
				  under §6501
B. A notice of
				  violation issued under this Section shall be in writing, signed by the
				  authorized representative who issues it, and shall set forth with reasonable
				  specificity:
1. the nature of the
				  violation;
2. the remedial action
				  required, which may include interim steps;
3. a reasonable description of the portion of
				  the coal exploration, development operation, or surface coal mining and
				  reclamation operation to which it applies; and
4. a reasonable time for abatement which may
				  include time for accomplishment of interim steps.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6505 - Suspension or Revocation of Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
				  Except as provided in §6505 B, the commissioner shall issue an order to a
				  permittee requiring him or her to show cause why his permit and right to mine
				  under the Act should not be suspended or revoked, if the commissioner
				  determines that a pattern of violations of any requirements of the Act, these
				  regulations or any permit condition required by the Act exists or has existed,
				  and that the violations were caused by the permittee willfully or through
				  unwarranted failure to comply with those requirements or conditions. Willful
				  violation means an act or omission which violates the Act, these regulations,
				  or any permit condition required by the Act, these regulations, or the
				  applicable program, committed by a person who intends the result which actually
				  occurs. Unwarranted failure to comply means the failure of the permittee to
				  prevent the occurrence of any violation of the permit or any requirement of the
				  Act, due to indifference, lack of diligence or lack of reasonable care, or the
				  failure to abate any violation of such permit or the Act, due to indifference,
				  lack of diligence or lack of reasonable care. Violations by any person
				  conducting surface coal mining operations on behalf of the permittee shall be
				  attributed to the permittee, unless the permittee establishes that they were
				  acts of deliberate sabotage.
2. The
				  commissioner may determine that a pattern of violations exists or has existed,
				  based on two or more inspections of the permit area within any 12-month period,
				  after considering the circumstances, including:
a. the number of violations, cited on more
				  than one occasion, of the same or related requirements of the Act, these
				  regulations or the permit;
b. the
				  number of violations, cited on more than one occasion, of different
				  requirements of the Act, these regulations or the permit; and
c. the extent to which the violations were
				  isolated departures from lawful conduct.
3. The commissioner shall determine that a
				  pattern of violations exists, if he or she finds that there were violations of
				  the same or related requirements of the Act, these regulations or the permit
				  during three or more inspections of the permit area within any 12-month
				  period.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6507 - Service of Notices of Violation and Cessation Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. A notice of violation or cessation order
				  shall be served on the person to whom it is directed or his or her designated
				  agent promptly after issuance, as follows:
1.
				  by tendering a copy at the coal exploration, development or surface coal mining
				  and reclamation operation to the designated agent or to the individual who,
				  based upon reasonable inquiry by the authorized representative, appears to be
				  in charge of the coal exploration, development or surface coal mining and
				  reclamation operation referred to in the notice or order. If no such individual
				  can be located at the site, a copy may be tendered to any individual at the
				  site who appears to be an employee or agent of the person to whom the notice or
				  order is issued. Service shall be complete upon tender of the notice or order
				  and shall not be deemed incomplete because of refusal to accept;
2. as an alternative to §6507. A 1,
				  service may be made by sending a copy of the notice or order by certified mail
				  or by hand to the person to whom it is issued or his or her designated agent,
				  or by any means consistent with the rules governing service of a summons and
				  complaint under the Louisiana Rules of Civil Procedure. Service shall be
				  complete upon tender of the notice or order or of the certified mail and shall
				  not be deemed incomplete because of refusal to accept.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6509 - Informal Public Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Except as provided in §6509. B and C, a notice of violation or cessation
				  order which requires cessation of mining, expressly or by necessary
				  implication, shall expire within 30 days after it is served, unless an informal
				  public hearing has been held within that time. The hearing shall be held at or
				  reasonably close to the mine site so that it may be viewed during the hearing
				  or at any other location acceptable to the office and the person to whom the
				  notice or order was issued. The conservation office nearest to the mine site
				  shall be deemed to be reasonably close to the mine site unless a closer
				  location is requested and agreed to by the office. Expiration of a notice or
				  order shall not affect the commissioner's right to assess civil penalties for
				  the violations mentioned in the notice or order under Chapter 69. For purposes
				  of this Section, mining means extracting coal from the earth or coal waste
				  piles and transporting it within or from the permit area.
B. A notice of violation or cessation order
				  shall not expire as provided in §6509. A if the condition, practice or
				  violation in question has been abated or if the informal public hearing has
				  been waived.
C. The office shall
				  give as much advance notice as is practicable of the time, place and subject
				  matter of the informal public hearing to:
1.
				  the person to whom the notice or order was issued; and
2. any person who filed a report which led to
				  the notice or order.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6511 - Formal Review of Citations

Current through Register Vol. 50, No. 6, June 20, 2024
A. A person
				  issued a notice of violation or cessation order under
				  §6501 or 6503,
				  or a person having an interest which is or may be adversely affected by the
				  issuance, modification, vacation or termination of a notice or order, may
				  request review of that action by filing an application for review and request
				  for hearing within 30 days after receiving notice of the action.
B. The filing of an application for review
				  and request for a hearing under this Section shall not operate as a stay of any
				  notice or order, or of any modification, termination or vacation of
				  either.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6513 - Failure to Give Notice and Lack of Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. No notice of violation, cessation order,
				  show cause order or order revoking or suspending a permit may be vacated
				  because it is subsequently determined that the office did not have information
				  sufficient, under §6301. B.1 and 2, to justify an inspection.
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6515 - Inability to Comply

Current through Register Vol. 50, No. 6, June 20, 2024
A. No cessation
				  order or notice of violation issued under this Chapter may be vacated because
				  of inability to comply.
B.
				  Inability to comply may not be considered in determining whether a pattern of
				  violations exists.
C. Unless caused
				  by lack of diligence, inability to comply may be considered only in mitigation
				  of the amount of civil penalty under Chapter 69 and of the duration of the
				  suspension of a permit under §6505 E
AUTHORITY NOTE:
					 Promulgated in accordance with R.S.
					 30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 65 - Enforcement › Section XV-6517 - Injunctive Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office
				  may request legal counsel or the attorney general of the state to institute a
				  civil action for relief, including a permanent or temporary injunction,
				  restraining order or any other order, in a state court of competent
				  jurisdiction whenever the person to whom a notice of violation or order has
				  been issued, either:
1. violates or fails or
				  refuses to comply with any order or decision of the commissioner or an
				  authorized representative of the commissioner under the Act or these
				  regulations;
2. interferes with,
				  hinders or delays the commissioner or an authorized representative of the
				  commissioner in carrying out the provisions of the Act or these
				  regulations;
3. refuses to admit an
				  authorized representative of the commissioner to a mine;
4. refuses to permit inspection of a mine by
				  an authorized representative of the commissioner;
5. refuses to furnish any required
				  information or report;
6. refuses
				  to permit access to or copying of any required records; or
7. refuses to permit inspection of monitoring
				  equipment.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6701 - Parties

Current through Register Vol. 50, No. 6, June 20, 2024
A. All persons
					 indicated in the Act as parties to administrative review proceedings under the
					 Act shall be considered statutory parties. Such statutory parties include:
1. in a civil penalty proceeding, the office
					 as represented by the commissioner and any person against whom a proposed
					 assessment is made who files a petition;
2. in a review proceeding, the office as
					 represented by the commissioner; and
a. if a
					 permittee files an application for review, the permittee; and
b. if any other person having an interest
					 which is or may be adversely affected files an application for review, the
					 permittee and the person filing such application;
3. in a proceeding to suspend or revoke a
					 permit, the office as represented by the commissioner and the permittee who is
					 ordered to show cause why the permit should not be suspended or
					 revoked.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6703 - Hearing Sites

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unless the Act
					 requires otherwise, hearings shall be held in a location established by the
					 commissioner or his authorized representative; however, the commissioner or his
					 authorized representative shall give due regard to the convenience of the
					 parties or their representatives and witnesses.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6705 - Filing of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 pleadings in a proceeding to be conducted or being conducted under these rules
					 shall be filed by hand or by mail with the Office of Conservation, Surface
					 Mining Section, 625 North Fourth Street, Baton Rouge, Louisiana.
B. Any person filing pleadings or a notice of
					 appeal with the commissioner shall furnish an original and one copy.
C. Any person who has initiated a proceeding
					 under these rules or filed a notice of appeal with the commissioner shall file
					 proof of service with the same in the form of a return receipt where service is
					 by registered or certified mail, or an acknowledgment by the party served or a
					 verified return where service is made personally. A certificate of service
					 shall accompany all other documents filed by a party in any
					 proceeding.
D. The effective filing
					 date for documents shall be the date the document is received in the Office of
					 Conservation, Surface Mining Section, Baton Rouge, Louisiana.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6707 - Form of Documents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any document
					 filed with the commissioner in any proceeding brought under the Act shall be
					 captioned with:
1. the names of the
					 parties;
2. the name of the mine to
					 which the document relates; and
3.
					 if review is being sought under §925 of the Act, identification by number
					 of any notice or order sought to be reviewed.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6709 - Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
					 initiating a proceeding under the Act shall serve copies of the initiating
					 documents on the commissioner at the Office of Conservation, Surface Mining
					 Section, 625 North Fourth Street, Baton Rouge, Louisiana. Any party or other
					 person shall serve any other documents being filed subsequently with the
					 commissioner on all other parties and all other persons participating in the
					 proceeding.
B. Copies of documents
					 by which any proceeding is initiated shall be served on all statutory parties
					 personally or by registered or certified mail, return receipt requested. All
					 subsequent documents shall be served personally or by first class
					 mail.
C. Service of copies of
					 documents initiating a proceeding is complete at the time of personal service
					 or, if service is made by mail, upon receipt. Service of all subsequent
					 documents is complete at the time of personal service, or, if service is by
					 mail, upon mailing.
D. Whenever an
					 attorney has entered an appearance for a party in a proceeding before the
					 commissioner or his authorized representative, service thereafter shall be made
					 upon the attorney.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6711 - Intervention

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person,
					 including a state, the office or OSM may petition for leave to intervene at any
					 stage of a proceeding under the Act.
B. A petitioner for leave to intervene shall
					 incorporate in the petition a statement setting forth the interest of the
					 petitioner and, where required, a showing of why his interest is or may be
					 adversely affected.
C. The
					 commissioner or his authorized representative shall grant intervention where
					 the petitioner:
1. had a statutory right to
					 initiate the proceeding in which he wishes to intervene; or
2. has an interest which is or may be
					 adversely affected by the outcome of the proceeding.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6713 - Voluntary Dismissal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any party
					 who initiated a proceeding before the commissioner may seek to withdraw by
					 moving to dismiss at any stage of a proceeding and the commissioner or his
					 authorized representative may grant such a motion.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6715 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except for oral
					 motions made in proceedings on the record, or where the commissioner or his
					 authorized representative otherwise directs, each motion shall:
1. be in writing; and
2. contain a concise statement of supporting
					 grounds.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6717 - Consolidation of Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
					 proceedings involving a common question of law or fact are pending before the
					 commissioner or his authorized representatives, such proceedings are subject to
					 consolidation pursuant to a motion by a party or at the initiative of the
					 commissioner or his authorized representatives.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6719 - Advancement of Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except
					 in expedited review proceedings under §6803, at any time after
					 commencement of a proceeding any party may move to advance the scheduling of a
					 proceeding.
B. Except as otherwise
					 directed by the commissioner or his authorized representatives, any party
					 filing a motion under this Section shall:
1.
					 make the motion in writing;
2.
					 describe the exigent circumstances justifying advancement;
3. describe the irreparable harm that would
					 result if the motion is not granted; and
4. incorporate in the motion affidavits to
					 support any representations of fact.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6721 - Waiver of Right to Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 person entitled to a hearing before the commissioner or his authorized
					 representatives under the Act may waive such right in writing. Where parties
					 are directed by any rule in these regulations to file a responsive pleading on
					 or before a specified time, any party who fails to file such responsive
					 pleading by the time specified may be deemed to have waived his right to a
					 hearing. Unless all parties to a proceeding who are entitled to a hearing
					 waiver, or are deemed to have waived such right, a hearing will be
					 held.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter A - General › Section XV-6723 - Status of Notices of Violation and Orders of Cessation Pending Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Except where
					 temporary relief is granted pursuant to §925. C or 926.C of the Act,
					 notices of violation and orders of cessation issued under the Act shall remain
					 in effect during the pendency of review before the commissioner or his
					 authorized representatives.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter B - Evidentiary Hearings › Section XV-6725 - Presiding Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 commissioner or his authorized representatives shall preside over any hearing
					 required by the Act to be conducted pursuant to the Act or to the Louisiana
					 Administrative Procedure Act.
AUTHORITY NOTE:
						Promulgated in accordance with R.S.
						30:901-932.
Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 5 - Permanent Program Performance Standards › Chapter 67 - Special Rules Applicable to Surface Coal Mining Review Hearings and Appeals › Subchapter B - Evidentiary Hearings › Section XV-6727 - Powers of the Commissioner or His Authorized Representatives

Current through Register Vol. 50, No. 6, June 20, 2024
A. Under the
					 regulations of this Chapter, the commissioner or his authorized representatives
					 may:
1. administer oaths and
					 affirmations;
2. issue
					 subpoenas;
3. issue appropriate
					 orders relating to discovery;
4.
					 rule on procedural requests or similar matters;
5. hold conferences for settlement or
					 simplification of the issues;
6.
					 regulate the course of the hearing;
7. rule on offers of proof and receive
					 relevant evidence;
8. take other
					 actions authorized by this Chapter, by the Louisiana Administrative Procedure
					 Act, or by the Act; and
9. make or
					 recommend decisions in accordance with the Louisiana Administrative Procedure
					 Act.