reglab/statecodes huggingface dataset:
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3101 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office has
				  the responsibility to approve or disapprove permits.
B. The office and persons applying for
				  permits under regulatory programs shall involve the public throughout the
				  permit process of regulatory programs.
C. The office shall assure implementation of
				  the requirements of this Chapter.
D. The applicant shall provide all
				  information in a complete permit application for review by the office in
				  accordance with this Chapter.
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3103 - Public Notices of Filing of Permit Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. An applicant for a permit shall place an
				  advertisement in a local newspaper of general circulation designated as the
				  official journal by the governing authority in the parish of the proposed
				  surface coal mining and reclamation operations at least once a week for four
				  consecutive weeks. The applicant shall place the advertisement in the newspaper
				  at the same time the complete permit application is filed with the office. The
				  advertisement shall contain, at a minimum, the following information:
1. the name and address of the
				  applicant;
2. a map or description
				  which shall:
a. clearly show or describe
				  towns, rivers, streams or other bodies of water, local landmarks, and any other
				  information, including routes, streets or roads and accurate distance
				  measurements, necessary to allow local residents to readily identify the
				  proposed permit area;
b. clearly
				  show or describe the exact location and boundaries of the proposed permit
				  area;
c. state the name of the
				  United States Geological Survey 7.5-minute quadrangle map(s) which contains the
				  area shown or described; and
d. if
				  a map is used, indicate the north point;
3. the location where a copy of the
				  application is available for public inspection under §3103 C;
4. the name and address of the office in
				  order that written comments, objections, or requests for informal conferences
				  on the application may be submitted under §§3105-3109;
5. if an applicant seeks a permit to mine
				  within 100 feet of the outside right-of-way of a public road or to relocate or
				  close a public road, except where public notice and hearing have previously
				  been provided for this particular part of the road in accordance with
				  §1107 D, a concise statement describing the public road, the particular
				  part to be relocated or closed, and the approximate timing and duration of the
				  relocation or closing;
6. if the
				  application includes a request for an experimental practice under §2901, a
				  statement indicating that an experimental practice is requested and identifying
				  the regulatory provisions for which a variance is requested.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3105 - Opportunity for Submission of Written Comments on Permit Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Written comments
				  on permit applications may be submitted to the office by the public entities to
				  whom notification is provided under §3103. B and C with respect to the
				  effects of the proposed mining operations on the environment within their area
				  of responsibility.
B. These
				  comments shall be submitted to the office in written form within 30 days of
				  notice.
C. The office shall
				  immediately transmit a copy of all such comments for filing and public
				  inspection at the public office where the applicant filed a copy of the
				  application for permit under §3103. D. A copy shall also be transmitted to
				  the applicant.
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3107 - Right to File Written Objections

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Any person whose interests are or may be adversely affected or an officer or
				  head of any federal, state, or local government agency or authority shall have
				  the right to file written objections to an initial or revised application for a
				  permit with the office, within 30 days after the last publication of the
				  newspaper notice required by §3103 A
B. The office shall, immediately upon receipt
				  of any written objections:
1. transmit a copy
				  of them to the applicant;
2. file a
				  copy for public inspection at the public office where the applicant filed a
				  copy of the application for permit under §3103 D
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3109 - Informal Conferences

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Procedure for Requests. Any person whose interests are or may be adversely
				  affected by the issuance of the permit, or the officer or head of any federal,
				  state or local government agency or authority may, in writing, request that the
				  office hold an informal conference on any application for a permit. The request
				  shall:
1. briefly summarize the issues to be
				  raised by the requestor at the conference;
2. state whether the requestor desires to
				  have the conference conducted in the locality of the proposed mining
				  operations; and
3. be filed with
				  the office not later than 30 days after the last publication of the newspaper
				  advertisement placed by the application under §3103 A
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3111 - Public Availability of Information in Permit Applications on File with the Office

Current through Register Vol. 50, No. 6, June 20, 2024
A. General
				  Availability. Except as provided in §3111. B or C, all applications for
				  permits, revisions, renewals, transfers, assignments or sales of permit rights
				  on file with the office shall be available, at reasonable times, for public
				  inspection and copying.
B. Limited
				  Availability. Except as provided in §3111. C 1, information pertaining to
				  coal seams, test borings, core samplings or soil samples in an application
				  shall be made available to any person with an interest which is or may be
				  adversely affected. Information subject to this Subsection shall be made
				  available to the public when such information is required to be on public file
				  pursuant to state law.
C.
				  Confidentiality. The office shall provide procedures, including notice and
				  opportunity to be heard for persons both seeking and opposing disclosure, to
				  ensure confidentiality of qualified confidential information, which shall be
				  clearly identified by the applicant and submitted separately from the remainder
				  of the application. Confidential information is limited to:
1. information that pertains only to the
				  analysis of the chemical and physical properties of the coal to be mined,
				  except information on components of such coal which are potentially toxic in
				  the environment;
2. information
				  required under §908 of the Act that is not on public file pursuant to
				  state law and that the applicant has requested in writing to be held
				  confidential;
3. information on the
				  nature and location of archaeological resources on public land and Indian land
				  as required under the Archaeological Resources Protection Act of 1979 ( Pub. L.
				  96-95, 93 Stat. 721,
				  16 U.S.C.
				  470).
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3113 - Review of Permit Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Process
1. The applicant for a permit or
				  revision of a permit shall have the burden of establishing that his application
				  is in compliance with all the requirements of the office.
2. The office shall review the complete
				  application and written comments, written objections submitted, and records of
				  any informal conference held under §3105-3109
3. The office shall determine the adequacy of
				  the fish and wildlife plan submitted pursuant to §2713, in consultation
				  with state and federal fish and wildlife management and conservation agencies
				  having responsibilities for the management and protection of fish and wildlife
				  or their habitats which may be affected or impacted by the proposed surface
				  coal mining and reclamation operations.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3114 - Eligibility for Provisionally Issued Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section applies to an applicant who
				  owns or controls a surface coal mining and reclamation operation with:
1. a notice of violation issued under
				  §6503 for which
				  the abatement period has not yet expired; or
2. a violation that is unabated or
				  uncorrected beyond the abatement or correction period.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3117 - Criteria for Permit Approval or Denial: Existing Structures

Current through Register Vol. 50, No. 6, June 20, 2024
A. No application
				  for a permit or revision which proposes to use an existing structure in
				  connection with or to facilitate the proposed surface coal mining and
				  reclamation operation shall be approved, unless the applicant demonstrates and
				  the office finds, in writing, on the basis of information set forth in the
				  complete application that:
1. if the
				  applicant proposes to use an existing structure in accordance with the
				  exemption provided in §303. C.1 a:
a. the
				  structure meets the performance standards of the Act and Subpart 5;
				  and
b. no significant harm to the
				  environment or public health or safety will result from use of the
				  structure;
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3119 - Permit Approval or Denial Actions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall approve, require
				  modification of, or deny all applications for permits under regulatory programs
				  on the basis of:
1. complete applications for
				  permits and revisions or renewals thereof;
2. public participation as provided for in
				  this Subpart;
3. compliance with
				  any applicable provisions of Chapter 29;
4. processing and review of applications as
				  required by this Chapter.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3121 - Permit Terms

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each permit
				  shall be issued for a fixed term not to exceed five years. A longer fixed
				  permit term may be granted, if:
1. the
				  application is full and complete for the specified longer term;
2. the applicant shows that a specified
				  longer term is reasonably needed to allow the applicant to obtain necessary
				  financing of equipment and the opening of the operation, and this need is
				  confirmed, in writing, by the applicant's proposed source for the
				  financing.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3123 - Conditions of Permits: General and Right of Entry

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each permit issued by the office shall
				  ensure that:
1. except to the extent that the
				  office otherwise directs in the permit that specific actions be taken, the
				  permittee shall conduct all surface coal mining and reclamation operations as
				  described in the complete application;
2. the permittee shall allow the authorized
				  representatives of the secretary of interior, including, but not limited to,
				  inspectors and fee compliance officers, and the office, without advance notice
				  or a search warrant, upon presentation of appropriate credentials, and without
				  delay, to have the rights of entry provided for in
				  §6303 and 6305,
				  and be accompanied by private persons for the purpose of conducting an
				  inspection in accordance with Chapter 63, when the inspection is in response to
				  an alleged violation reported to the office by the private person;
3. the permittee shall conduct surface coal
				  mining and reclamation operations only on those lands specifically designated
				  on the maps submitted under Chapters 25-27 and approved for the term of the
				  permit and which are subject to the performance bond or other equivalent
				  guarantee in effect pursuant to Subpart 4;
4. the operator shall pay all reclamation
				  fees required by Subchapter R of 30 CFR Chapter VII for coal produced under the
				  permit for sale, transfer or use, in the manner required by that
				  Subchapter;
5. the office shall
				  require in the permit that adequate bond coverage be in effect at all
				  times;
6. within 30 days after a
				  cessation order is issued under
				  §6501 for
				  operations conducted under the permit, except where a stay of the cessation
				  order is granted and remains in effect, the permittee shall either submit to
				  the office the following information, current to the date the cessation order
				  was issued, or notify the office in writing that there has been no change since
				  the immediately preceding submittal of such information:
a. any new information needed to correct or
				  update the information previously submitted to the office by the permittee
				  under §2305. A 3; or
b. if not
				  previously submitted, the information required from a permit applicant by
				  §2305. A 3
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3125 - Conditions of Permits: Environment, Public Health and Safety

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each permit
				  issued by the office shall ensure and contain specific conditions requiring
				  that the:
1. permittee shall take all
				  possible steps to minimize any adverse impact to the environment or public
				  health and safety resulting from noncompliance with any term or condition of
				  the permit, including, but not limited to:
a.
				  any accelerated or additional monitoring necessary to determine the nature and
				  extent of noncompliance and the results of the noncompliance;
b. immediate implementation of measures
				  necessary to comply;
c. warning, as
				  soon as possible after learning of such noncompliance, any person whose health
				  and safety is in imminent danger due to the noncompliance;
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3127 - Improvidently Issued Permits: General Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the office has reason to believe that
				  it improvidently issued a surface coal mining and reclamation permit, it shall
				  review the circumstances under which the permit was issued. The office will
				  make a preliminary finding that the permit was improvidently issued if, under
				  the permit eligibility criteria section 910. C of the Act in effect at the time
				  of permit issuance, the permit should not have been issued because the
				  applicant or the applicant's operator owned or controlled a surface coal mining
				  and reclamation operation with an unabated or uncorrected violation.
B. The office will make a finding under
				  §3127. A only if the applicant or the applicant's operator:
1. continue to own or control the operation
				  with the unabated or uncorrected violation;
2. the violation remains unabated or
				  uncorrected; and
3. the violation
				  would cause the applicant to be ineligible under the permit eligibility
				  criteria in the current regulations.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3129 - Improvidently Issued Permits: Suspension or Rescission Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office must
				  suspend or rescind the permit upon expiration of the time specified in
				  §3129. A 1
1. Automatic Suspension and
				  Rescission. After a specified period of time not to exceed 90 days the permit
				  automatically will become suspended, and not to exceed 90 days thereafter
				  rescinded, unless within those periods the applicant submits proof, and the
				  office finds, that:
a. the finding of the
				  office under §3127. B was erroneous;
b. the applicant or the applicant's operator
				  has abated the violation on which the finding was based, or paid the penalty or
				  fee, to the satisfaction of the responsible agency;
c. the violation, penalty or fee is the
				  subject of a good faith appeal, or of an abatement plan or payment schedule
				  with which the applicant or applicant's operator is complying to the
				  satisfaction of the responsible agency; or
d. since the finding was made, the applicant
				  or applicant's operator has severed any ownership or control link with the
				  person responsible for, and does not continue to be responsible for, the
				  violation, penalty or fee.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3131 - Challenges to Ownership or Control Listings and Findings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant may challenge a listing or
				  finding of ownership or control using the provisions under
				  §3133 if he or
				  she is:
1. listed in a permit application or
				  AVS as an owner or controller of an entire surface coal mining operation, or
				  any portion or aspect thereof;
2.
				  found to be an owner or controller of an entire surface coal mining operation,
				  or any portion or aspect thereof, under
				  §3127 G;
				  or
3. an applicant or permittee
				  affected by an ownership or control listing or finding.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3133 - Challenging an Ownership or Control Listing or Finding

Current through Register Vol. 50, No. 6, June 20, 2024
A. To challenge an ownership or control
				  listing or finding, the applicant must submit a written explanation of the
				  basis for the challenge, along with any evidence or explanatory materials he or
				  she wishes to provide under §3135 B, to the regulatory authority, as
				  identified in the following table.
If the challenge concerns...
Then submit a written explanation
								to...
(1) a pending state or federal permit application
the regulatory authority with jurisdiction over the
								application.
(2) applicant's ownership or control of a surface
								coal mining operation, and he or she is not currently seeking a permit
the regulatory authority with jurisdiction over the
								surface coal mining operation.
B.
				  The provisions of this Section and of
				  §3135 apply
				  only to challenges to ownership or control listings or findings. The applicant
				  may not use these provisions to challenge liability or responsibility under any
				  other provision of the Act or these regulations.
C. When the challenge concerns a violation
				  under the jurisdiction of a different regulatory authority, the regulatory
				  authority with jurisdiction over the permit application or permit must consult
				  the regulatory authority with jurisdiction over the violation and the AVS
				  office to obtain additional information.
D. A regulatory authority responsible for
				  deciding a challenge under §3133. A may request an investigation by the
				  AVS Office.
E. At any time, the
				  applicant, a person listed in AVS as an owner or controller of a surface coal
				  mining operation, may request an informal explanation from the AVS office as to
				  the reason he or she is shown in AVS in an ownership or control capacity.
				  Within 14 days of the request, the AVS Office will provide a response
				  describing why the applicant is listed in AVS.
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3135 - Burden of Proof for Ownership or Control Challenges

Current through Register Vol. 50, No. 6, June 20, 2024
A. When the applicant challenges a listing of
				  ownership or control, or a finding of ownership or control made under
				  §3521 G, the applicant must prove by a preponderance of the evidence that
				  he or she either:
1. does not own or control
				  the entire surface coal mining operation or relevant portion or aspect thereof;
				  or
2. did not own or control the
				  entire surface coal mining operation or relevant portion or aspect thereof
				  during the relevant time period.
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 31 - Public Participation, Approval of Permit Applications and Permit Terms and Conditions › Section XV-3137 - Written Decision on Challenges to Ownership or Control Listings or Findings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 60
				  days of receipt of the challenge under §3133 A, the regulatory authority
				  identified under §3133 A, will review and investigate the evidence and
				  explanatory materials submitted and any other reasonably available information
				  bearing on the challenge and issue a written decision. The decision must state
				  whether the applicant owns or controls the relevant surface coal mining
				  operation, or owned or controlled the operation, during the relevant time
				  period.
B. The office will promptly
				  provide the applicant with a copy of this decision by either:
1. certified mail, return receipt requested;
				  or
2. any means consistent with the
				  rules governing service of a summons and complaint under Rule 4 of the Federal
				  Rules of Civil Procedure, or its state regulatory program
				  counterparts.
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 33 - Administrative and Judicial Review of Decisions by the Office of Conservation on Permit Applications › Section XV-3303 - Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  applicant or any person with an interest which is or may be adversely affected
				  and who has participated in the administrative proceedings as an objector shall
				  have the right to appeal as provided in §3303 B, if:
1. the applicant or person is aggrieved by
				  the decision of the hearing authority in an administrative review proceeding
				  conducted pursuant to §3301; or
2. either the office or the hearing authority
				  for administrative review under
				  §3301 fails to
				  act within time limits specified in the Act, or these regulations, whichever
				  applies.
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3501 - Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office
				  shall:
1. ensure that permits are revised
				  prior to changes in surface coal mining and reclamation operations;
2. ensure that all permits are regularly
				  reviewed to determine that surface coal mining and reclamation operations under
				  these permits are conducted in compliance with the Act and these
				  regulations;
3. effectively review
				  and Act on applications to renew existing permits, in a timely manner, to
				  ensure that surface coal mining and reclamation operations continue, if they
				  comply with the Act and these regulations;
4. ensure that no person conducts surface
				  coal mining and reclamation operations through the transfer, sale or assignment
				  of rights granted under permits without the prior approval of the
				  office.
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3503 - Office of Conservation Review of Outstanding Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall review each permit issued
				  and outstanding under an approved regulatory program during the term of the
				  permit. This review shall occur not later than the middle of the permit term
				  and as required by
				  §2901 For
				  permits of longer than five year terms, a review of the permit shall be no less
				  frequent than the permit midterm or every five years, whichever is more
				  frequent.
B. After this review, the
				  office may, by order, require reasonable revision or modification of the permit
				  provisions to ensure compliance with the Act and these regulations.
C. Copies of the decision of the office shall
				  be sent to the permittee.
D. Any
				  order of the office requiring revision or modification of permits shall be
				  based upon written findings and shall be subject to the provisions for
				  administrative and judicial review of Chapter 33.
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3505 - Permit Revisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A revision
				  to a permit shall be obtained for all departures from the method of conduct of
				  mining or reclamation operations contemplated by the permit in accordance with
				  this Section.
1. The permittee shall submit to
				  the office an application for permit revision setting forth the proposed
				  departure from the method of conduct of mining or reclamation operations for
				  review and determination by the office of whether the proposed departure
				  constitutes a significant departure. Significant departures would include any
				  change in permit area, mining method or reclamation procedure which would, in
				  the opinion of the commissioner, significantly change the effect the mining
				  operation would have on either those persons impacted by the permitted
				  operation or on the environment. Within 15 days of receipt of a complete
				  application, the office shall notify the permittee of its determination that
				  the proposed departure set forth in the application does or does not constitute
				  a significant departure. Within 45 days after the office determines that the
				  proposed departure is not a significant departure, the office shall issue to
				  the permittee approval or disapproval of the permit revision for such
				  departure.
2. For departures from
				  the surface coal mining or reclamation operations described in the original
				  application and approved under the original permit which are determined by the
				  office to constitute a significant departure, the permittee shall file an
				  application for revision in accordance with §3505 C
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3507 - Permit Renewals: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any valid, existing permit issued pursuant
				  to a regulatory program shall carry with it the right of successive renewal
				  upon expiration of the term of the permit, in accordance with §3509-3513
				  Successive renewal shall be available only for those areas which were
				  specifically approved by the office on the application for the existing permit
				  as within the boundaries of the permit.
B. Permit renewal shall not be available for
				  conducting surface coal mining and reclamation operations on the lands beyond
				  the boundaries of the permit area approved under the existing permit. Approval
				  of permits to conduct operations on these lands including, but not limited to,
				  any remainder of the mine plan area described in the application for the
				  existing permit shall be obtained in accordance with §3509. B 2
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3509 - Permit Renewals: Completed Applications

Current through Register Vol. 50, No. 6, June 20, 2024
A. Contents. Complete applications for
				  renewals of a permit shall be made within the time prescribed by §1905. B Renewal applications shall be in a form and with contents required by the
				  office and in accordance with §3509. B.2 including, at a minimum, the
				  following:
1. a statement of the name and
				  address of the permittee, the term of the renewal requested, the permit number,
				  and a description of any changes to the matters set forth in the original
				  application for a permit or prior renewal;
2. a copy of the newspaper notice and proof
				  of publication of same under §3103 A;
3. evidence that liability insurance policy
				  or adequate self-insurance under
				  §4309 will be
				  provided by the applicant for the proposed period of renewal;
4. the bond value of collateral may be
				  evaluated at any time, but it shall be evaluated as part of permit renewal and,
				  if necessary, the performance bond amount increased or decreased. In no case
				  shall the bond value of collateral exceed the market value.
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3511 - Permit Renewals: Terms

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  permit renewal shall be for a term not to exceed the period of the original
				  permit established under §3121
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3513 - Permit Renewals: Approval or Denial

Current through Register Vol. 50, No. 6, June 20, 2024
A. The office shall, upon the basis of a
				  complete application for renewal, and completion of all procedures required
				  under §§3509-3511, issue a renewal of a permit within 120 days of the
				  filing of the application for renewal, unless it is established and written
				  findings are made by the office that:
1. the
				  terms and conditions of the existing permit are not being satisfactorily
				  met;
2. the present surface coal
				  mining and reclamation operations are not in compliance with the environmental
				  protection standards under the Act and these regulations;
3. the requested renewal substantially
				  jeopardizes the operator's continuing responsibility to comply with the Act and
				  these regulations on existing permit areas;
4. the operator has not provided evidence of
				  having liability insurance or self-insurance as required in
				  §4309;
5. the operator has not
				  provided evidence that any performance bond required to be in effect for the
				  operations will continue in full force and effect for the proposed period of
				  renewal, as well as any additional bond the office might require pursuant to
				  Subpart 4; or
6. any additional
				  revised or updated information required by the office has not been provided by
				  the applicant.
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3515 - Transfer, Assignment or Sale of Permit Rights: General Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. No transfer
				  assignment, or sale of the rights granted under any permit issued pursuant to a
				  regulatory program shall be made without the prior written approval of the
				  office, in accordance with §3515-3519
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3517 - Transfer, Assignment or Sale of Permit Rights: Obtaining Approval

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any person
				  seeking to succeed by transfer, assignment or sale to the rights granted by a
				  permit issued under this regulatory program shall, prior to the date of such
				  transfer, assignment or sale:
1. obtain the
				  performance bond coverage of the original permittee by:
a. obtaining transfer of the original
				  bond;
b. obtaining a written
				  agreement with the original permittee and all subsequent successors in interest
				  (if any) that the bond posted by the original permittee and all successors
				  shall continue in force on all areas affected by the original permittee and all
				  successors, and supplementing such previous bonding with such additional bond
				  as may be required by the office. If such an agreement is reached, the office
				  may authorize for each previous successor and the original permittee the
				  release of any remaining amount of bond in excess of that required by the
				  agreement;
c. providing sufficient
				  bond to cover the original permit in its entirety from inception to completion
				  of reclamation operations; or
d.
				  such other methods as would provide that reclamation of all areas affected by
				  the original permittee is assured under bonding coverage at least equal to that
				  of the original permittee;
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3519 - Requirements for New Permits for Persons Succeeding to Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. A successor in
				  interest to a permittee who is able to obtain the bond coverage of the original
				  permittee may continue surface coal mining and reclamation operations according
				  to the approved mining and reclamation plan and permit of the original
				  permittee.
B. Pursuant to
				  §3517. C 4, any successor in interest seeking to change the conditions of
				  mining or reclamation operations, or any of the terms or conditions of the
				  original permit shall:
1. make application
				  for a new permit under Chapters 19-33, if the change involves conducting
				  operations outside the original permit area; or
2. make application for a revised permit
				  under §3505
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3521 - Post-Permit Issuance Requirements for Regulatory Authorities and Other Actions Based on Ownership, Control, and Violation Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes of future permit
				  eligibility determinations and enforcement actions, the office must enter into
				  AVS the data shown in the following table.
Enter into AVS all...
Within 30 days after...
(1) permit records
the permit issued or subsequent changes made.
(2) unabated or uncorrected violations
the abatement or correction period for a violation
								expires.
(3) changes to information initially required to be
								provided by an applicant under
								30 CFR
								778.11
receiving notice of a change.
(4) changes in violation status
abatement, correction, or termination of a
								violation, or a decision from an administrative or judicial tribunal.
B.
				  If, at any time, the office discovers that any person owns or controls an
				  operation with an unabated or uncorrected violation, the office will determine
				  whether enforcement action is appropriate under
				  §6501 The
				  office must enter the results of each enforcement action, including
				  administrative and judicial decisions, into AVS.
C. The office must serve a preliminary
				  finding of permanent permit ineligibility under section 910. C of the Act on
				  the applicant or operator if the criteria in §3521. C.1 and C.2 are met.
				  In making a finding under this Paragraph, the office will only consider control
				  relationships and violations which would make, or would have made, the
				  applicant ineligible for a permit under §3113. G.1 and G.2. The office
				  must make a preliminary finding of permanent permit ineligibility if it finds
				  that:
1. the applicant controls or has
				  controlled surface coal mining and reclamation operations with a demonstrated
				  pattern of willful violations under section 910. C of the Act; and
2. the violations are of such nature and
				  duration with such resulting irreparable damage to the environment as to
				  indicate the applicant's intent not to comply with the Act, these regulations,
				  the regulatory program, or the permit.
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 35 - Permit Reviews and Renewals; Transfer, Sale and Assignment of Rights Granted under Permits; Post-Permit Issuance Requirements; and Other Actions Based on Ownership, Control and Violation Information › Section XV-3523 - Post-Permit Issuance Information Requirements for Permittees

Current through Register Vol. 50, No. 6, June 20, 2024
A. Within 30 days
				  after the issuance of a cessation order under §6501, the permittee must
				  provide or update all the information required under §2305
B. The permittee does not have to submit
				  information under §3523. A if a court of competent jurisdiction grants a
				  stay of the cessation order and the stay remains in effect.
C. Within 60 days of any addition, departure,
				  or change in position of any person identified in §2305 C, the permittee
				  must provide:
1 the information required
				  under §2305 D; and
2. the
				  date of any departure.
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 37 - Small Operator Assistance › Section XV-3701 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The commissioner
				  shall provide financial and other assistance under §907. C of the Act to
				  the extent funds are appropriated by the legislature specifically for this
				  program.
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 3 - Surface Coal Mining and Reclamation Operations Permits and Coal Exploration and Development Procedures Systems › Chapter 37 - Small Operator Assistance › Section XV-3703 - Responsibilities: General

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Office
				  of Conservation shall:
1. review requests for
				  assistance and determine qualified operators;
2. develop and maintain a list of qualified
				  laboratories, and select and pay laboratories for services rendered;
3. conduct periodic on-site evaluations of
				  the Louisiana Surface Mining Program activities with the appropriate small
				  operator; and
4. participate with
				  the Office of Surface Mining in data coordination activities with the U.S.
				  Geological Survey, U.S. Environmental Protection Agency, and other appropriate
				  agencies or institutions.