Section 86.62. Identification of interests

(a) Application information. An application shall contain the following information, except that the submission of a social security number is voluntary:

(1) The name, address, telephone number and, as applicable, social security number and employer identification number of the following:

(i) The permit applicant.

(ii) The resident agent of the applicant who will accept service of process.

(iii) The person who will pay the abandoned mine land reclamation fee.

(2) The names and addresses of the owners of record of the following:

(i) Surface and subsurface areas contiguous to any part of the proposed permit area.

(ii) Every legal or equitable owner of record of the coal to be mined and areas to be affected by surface operations and facilities, including legal and equitable owners of the surface area within the proposed permit area.

(iii) The holders of record of a leasehold interest in the coal to be mined and areas to be affected by surface operations and facilities.

(iv) A purchaser of record under a real estate contract of the coal to be mined and the areas to be affected by surface operations and facilities.

(3) The name of the proposed mine and the Mine Safety and Health Administration (MSHA) Identification Number, with the date of issuance, for the mine and all mine-associated structures that require MSHA approval.

(4) A listing of lands contiguous to the proposed permit area for which it is anticipated that individual permits for mining will be sought as a result of interest in lands, options or pending bids on interest held or made by the applicant.

(b) Statement. An application shall contain a statement of whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. For all entities, the application shall contain the following information, as applicable, for each person who owns or controls the applicant under the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ in § 86.1 (relating to definitions) except that the submission of a social security number is voluntary:

(1) The name, address, social security number and employer identification number of every:

(i) Officer.

(ii) Partner.

(iii) Associate.

(iv) Shareholder of at least 10% of the voting stock.

(v) Director.

(vi) Other person performing a function similar to director of the applicant.

(vii) Contractor and subcontractor.

(viii) Person having the ability to commit the financial or real property assets or working resources of an entity.

(ix) Person owning or controlling the coal to be mined under the proposed permit under a lease, sublease or other contract, and having the right to receive the coal after mining or having authority to determine the manner in which the proposed coal mining activity is to be conducted.

(x) Person who has another relationship with the permit applicant which gives the person authority directly or indirectly to determine the manner in which the proposed coal mining activity is to be conducted.

(xi) Person who owns or controls the persons specified in subparagraphs (i)—(x), either directly or indirectly through intermediary entities.

(2) For each person listed in paragraph (1), list the following:

(i) The title of the person’s position.

(ii) The date the position or stock ownership was assumed, and when submitted under § 86.212(c) (relating to Federal minimum enforcement action), the date of departure from the position.

(iii) The percentage of ownership.

(iv) The location in the organizational structure.

(v) The relationship to the applicant.

(c) Related entity information. Include the following:

(1) List the names of entities who, under the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ in § 86.1, own or control the applicant or who are owned or controlled by the applicant and provide the following information for each entity:

(i) Identifying numbers, including employer identification number, Federal or State permit numbers, permittee name and address and the MSHA numbers with date of issuance for each permit.

(ii) The application number or other identifier of and the regulatory authority for other issued or pending mining operation permit applications filed by the entity in any State in the United States.

(iii) The name, address, social security number and employer identification number of every officer, partner, associate, principal shareholder, director or other person performing a function similar to director of the entity, including the title of the person’s position and the date the position was assumed.

(2) For each person listed in subsection (b)(1), who is, or has been, associated with another entity as an owner or controller, under the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ in § 86.1, within the 5-year period preceding the date of application, provide the following information:

(i) The name of each entity they are, or were, associated with.

(ii) Identifying numbers, including employer identification number, Federal or State permit number and the MSHA number with date of issuance for each permit.

(iii) The application number or other identifier of and the regulatory authority for other issued or pending mining operation permit applications filed by the entity with which the person is affiliated in any state in the United States.

(d) After an applicant is notified that the application is approved, but before the permit is issued, the applicant shall either update, correct or submit a statement that no change has occurred in the information previously submitted under this section.

The provisions of this § 86.62 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended June 17, 2011, effective June 18, 2011, 41 Pa.B. 3084. Immediately preceding text appears at serial pages (313505) to (313507).

Notation

Cross References

This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 86.52 (relating to permit revisions); 25 Pa. Code § 86.53 (relating to reporting of new information); 25 Pa. Code § 86.55 (relating to permit renewals: general requirements); 25 Pa. Code § 86.56 (relating to transfer of permit); 25 Pa. Code § 86.61 (relating to responsibilities); 25 Pa. Code § 86.195 (relating to penalties against corporate officers); 25 Pa. Code § 86.212 (relating to Federal minimum enforcement action); 25 Pa. Code § 86.264 (relating to applications for assistance); and 25 Pa. Code § 88.381 (relating to general requirements).