Section 86.63. Compliance information

(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.

The provisions of this § 86.63 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. Immediately preceding text appears at serial page (158710).

Notation

Cross References

This section cited in 25 Pa. Code § 86.36 (relating to review of permit applications); 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 § 86.55 (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 § 87.205 (relating to approval or denial); 25 Pa. Code § 88.381 (relating to general requirements); and 25 Pa. Code § 88.505 (relating to approval or denial).