Ill. Admin. Code tit. 62, § 1778.13 - Identification of Interests
a) The
applicant shall provide in the permit application:
1) A statement whether it and the operator
are corporations, partnerships, sole proprietorships or other business
entities; and
2) taxpayer
identification numbers for it and the operator.
b) The applicant must provide the name,
address and telephone number for:
1) the
applicant;
2) the applicant's
resident agent who will accept service of process;
3) any operator, if different from the
applicant;
4) each business entity
in the applicant's and operator's organizational structure, up to and including
the ultimate parent entity of the applicant and operator. For every such
business entity, the applicant must also provide the required information for
every president, chief executive officer and director (or person in similar
positions), and every person who owns, of record, 10 percent or more of the
entity.
c) For the
applicant and the operator, the applicant must provide the information required
in subsection (d) for every:
1)
officer;
2) partner;
3) member;
4) director;
5) person performing a function similar to a
director; and
6) person who owns,
of record, 10 percent or more of the applicant or operator.
d) The applicant must provide the
following information for each person listed in subsection (c):
1) the person's name, address and telephone
number;
2) the person's position
title and relationship to the applicant, including percentage of ownership and
location in the organizational structure; and
3) the date the person began functioning in
that position.
e) The
Department need not make a finding before entering into AVS the information
required to be disclosed under this Section; however, the mere listing in AVS
of a person identified in subsection (b) or (c) does not create a presumption
or constitute a determination that the person owns or controls a surface coal
mining operation.
f) The applicant
must provide a list of all names under which it, the operator, the partners or
principal shareholders, and the operator's partners or principal shareholders,
operate or previously operated a surface coal mining operation in the United
States within the five-year period preceding the date of submission of the
application.
g) For the applicant
and the operator, the applicant must provide a list of any pending permit
applications for surface coal mining operations filed in the United States. The
list must identify each application by its application number and jurisdiction,
or by other identifying information when necessary.
h) For any surface coal mining operations the
applicant or the operator owned or controlled within the five-year period
preceding the date of submission of the application, and for any surface coal
mining operation the applicant or the operator own or control on that date, the
applicant must provide:
1) permittee's and
operator's name and address;
2)
permittee's and operator's taxpayer identification numbers;
3) federal or State permit number and
corresponding Mine Safety and Health Administration (MSHA) number;
4) regulatory authority with jurisdiction
over the permit; and
5) permittee's
and operator's relationship to the operation, including percentage of ownership
and location in the organizational structure.
i) The MSHA numbers for all mine-associated
structures that require MSHA approval (see 30 CFR 77 ).
j) 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 subsections (a) through (d).
Information submitted as a change shall be evaluated in the same manner as the
original application.
Notes
Amended at 14 Ill. Reg. 11873, effective January 1, 1991
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