(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.
(b) This section does not limit the
Department's power and authority to require the applicant to provide additional
information relating to compliance history which the Department deems relevant
to the permit application, whether or not the violations relate to adjudicated
proceedings, agreements, consent orders or decrees, or which resulted in a
cease order or civil penalty assessment.
(c) After an applicant is notified that the
application is approved, but before the permit is issued, the applicant shall
update, correct or submit a statement that no change has occurred in the
information previously submitted under this section.