Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 1 - General Information
Chapter 3 - Permanent Regulatory Program
Section XV-303 - Applicability
Universal Citation: LA Admin Code XV-303
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any person who conducts surface coal mining and reclamation operations on non-Indian or nonfederal lands shall have a permit issued pursuant to these regulations.
B. The requirements of these regulations shall be effective and shall apply to each surface coal mining and reclamation operation which is required to obtain a permit under the Act, on the earliest date upon which these regulations require a permit to be obtained, except as is provided in §303 C
C.
1. Each
structure used in connection with or to facilitate a coal exploration,
development or surface coal mining and reclamation operation shall comply with
the performance standards and the design requirements of these regulations.
a. An existing structure which meets the
performance standards of these regulations but does not meet the design
requirements of these regulations may be exempted from meeting those design
requirements by the office. The office may grant this exemption on non-Indian
and nonfederal lands only as part of the permit application process after
obtaining the information required by
§2705 and after making the findings
required in §3117
b. An existing
structure which meets the performance standards of Subchapter B of 30 CFR
Chapter VII, which are at least as stringent as the comparable standard of
Subpart 5 of these regulations, may be exempted by the office from meeting the
design requirements of these regulations. The office may grant this exemption
on non-Indian and nonfederal lands only as part of the permit application
process after obtaining the information required by
§2705 and after making the findings
required in §3117
c. An existing
structure which meets a performance standard of Subchapter B of 30 CFR Chapter
VII which is less stringent than the comparable performance standards of
Subpart 5 of these regulations, or which does not meet a performance standard
of Subpart 5 for which there was no equivalent performance standard in
Subchapter B of 30 CFR Chapter VII shall be modified or reconstructed to meet
the design standard of these regulations pursuant to a compliance plan approved
by the office on non-Indian and nonfederal lands only as part of the permit
application as required in
§2705 and according to the findings
required by §3117
d. An existing
structure which does not meet the performance standards of Subchapter B of 30
CFR Chapter VII and which the applicant proposes to use in connection with or
to facilitate exploration, development or surface coal mining and reclamation
operations shall be modified or reconstructed to meet the design standards of
these regulations prior to issuance of the permit.
2. The exemptions provided in
§303. C.1.a and b shall
not apply to:
a. the requirements for
existing and new waste piles used either temporarily or permanently as dams or
embankments;
b. the requirements to
restore the approximate original contour of the land.
D.
1. Any person conducting coal exploration or
development operations on nonfederal and non-Indian lands on or after the date
on which the Louisiana state program is approved shall file a notice of
intention to explore or develop and obtain approval of the office as required
by Chapter 21.
2. Coal exploration
and development performance standards in these regulations shall apply to coal
exploration or development operations on nonfederal and non-Indian lands which
substantially disturb the natural land surface.
AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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