Louisiana Administrative Code › Title 43 - NATURAL RESOURCES › Part XV - Office of Conservation-Surface Mining › Subpart 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 23 - Applications: Minimum Requirements for Legal, Financial, Compliance and Related Information › Section XV-2307 - Compliance Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
				  application shall contain:
1. a statement of
				  whether the applicant, applicant's operator, any subsidiary, affiliate or
				  persons controlled by or under common control with the applicant or applicant's
				  operator has had a federal or state mining permit suspended or revoked in the
				  last five years; or forfeited a mining bond or similar security deposited in
				  lieu of bond;
2. if any such
				  suspension, revocation or forfeiture has occurred, a statement of the facts
				  involved, including:
a. identification number
				  and date of issuance of the permit or date and amount of bond or similar
				  security;
b. identification of the
				  authority that suspended or revoked a permit or forfeited a bond and the stated
				  reasons for that 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; and
e.
				  the current status of these proceedings;
3. for any violation of a provision of the
				  Act, or of any law, rule or regulation of the United States, or of any state
				  law, rule or regulation enacted pursuant to federal law, rule or regulation
				  pertaining to air or water environmental protection incurred in connection with
				  any surface coal mining operation, a list of all violation notices received by
				  the applicant or the applicant's operator during the three year period
				  preceding the application date, and a list of all unabated cessation orders and
				  unabated air and water quality violation notices received prior to the date of
				  the application by any surface coal mining and reclamation operation owned or
				  controlled by either the applicant, the applicant's operator, or by any person
				  who owns or controls the applicant. For each violation notice or cessation
				  order reported, the lists shall include the following information, as
				  applicable:
a. any identifying numbers for
				  the operation, including the federal or state permit number and MSHA number,
				  the dates of issuances 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;
b. a brief description of the particular
				  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 the applicant to obtain administrative or judicial review of the
				  violations;
d. the current status
				  of the proceedings and of the violation notice; and
e. the actions, if any, taken by the
				  applicant to abate the violation;
4. 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.