Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.63 - Compliance information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain the following information:
(1) A statement of whether the applicant, a
						  person owned or controlled by the applicant or a person who owns or controls
						  the applicant under the definition of "owned or controlled" or "owns or
						  controls" in §
														86.1 (relating to definitions), or
						  a related party, in the 5-year period prior to the date of submission of the
						  application, had a Federal or State mining permit suspended or revoked, or
						  forfeited a mining bond or similar security deposited in lieu of
						  bond.
(2) If a suspension,
						  revocation or forfeiture has occurred, a statement of the facts involved,
						  including:
(i) The identification number and
						  date of the issuance of the permit, date and amount of bond or similar security
						  and the Mine Safety and Health Administration (MSHA) number with date of
						  issuance.
(ii) Identification of
						  the authority that suspended or revoked a permit or forfeited a bond and the
						  stated reason for that action.
(iii) The current status of the permit, bond
						  or similar security involved.
(iv)
						  The date, location and type of administrative or judicial proceedings initiated
						  concerning the suspension, revocation or forfeiture including the name of the
						  person to whom the action was issued.
(v) The current status of these
						  proceedings.
(3) For a
						  violation of a provision of the acts, or law, rule or regulation of the United
						  States, or of State law, rule or regulation enacted under Federal law, rule or
						  regulation pertaining to air or water environmental protection incurred in
						  connection with a coal mining activity, a list of the violation notices
						  received by the applicant during the 3-year period preceding the application
						  date and a list of the unabated cessation orders and unabated air and water
						  quality violation notices received prior to the date of the application by a
						  coal mining activity owned or controlled by either the applicant or by a person
						  who owns or controls the applicant under the definition of "owned or
						  controlled" or "owns or controls" in § 86.1. The application shall also
						  contain a statement regarding each violation notice including the following:
(i) The identification number of the permit
						  or operation and the MSHA number including the date of issuance of the MSHA
						  number.
(ii) The date of issuance
						  of the violation notice with the Federal or State identification
						  number.
(iii) The name of the
						  issuing regulatory authority, department or agency.
(iv) The name of the person to whom the
						  violation notice was issued.
(v) A
						  brief description of the particular violation.
(vi) The date, location and type of
						  administrative or judicial proceedings initiated concerning the
						  violation.
(vii) The current status
						  of the violation.
(viii) The
						  actions taken by the applicant to abate the violation, and proof which is
						  satisfactory to the regulatory authority, department or agency which has
						  jurisdiction over the violation that the violation has been corrected, or is in
						  the process of being corrected.