Current through Register Vol. 50, No. 9, September 20, 2024
A. Bond Release Application and Contents. The
permittee or any person authorized to act on his behalf may file an application
with the office for release of all or part of the performance bond.
1. Applications may only be filed at times or
seasons that allow the office to evaluate properly the reclamation operations
alleged to have been completed. The times or seasons appropriate for the
evaluation of certain types of reclamation shall be identified in the mining
and reclamation operations plan required in Subpart 3 of these regulations and
approved by the office.
2. The
application shall include copies of letters sent to adjoining property owners,
surface owners, local government bodies, planning agencies, and sewage and
water treatment facilities or water companies in the locality of the permit
area notifying them of the permittee's intention to seek release of performance
bond(s). These letters shall be sent before the permittee files the application
for release.
3. The permittee shall
include in the application for bond release a notarized statement which
certifies that all applicable reclamation activities have been accomplished in
accordance with the requirements of the Act, the regulatory program, and the
approved reclamation plan. Such certification shall be submitted for each
application or phase of bond release.
4. Within 30 days after filing the
application for release, the permittee shall submit proof of publication of the
advertisement required by
§4501. B Such proof of
publication shall be considered part of the bond release application.
B. Newspaper Advertisement of
Application. At the time of filing an application under this Section, the
permittee shall advertise the filing of the application in a newspaper of
general circulation designated as the official journal by the governing
authority in the parish of the permit area. The advertisement shall:
1. be placed in the newspaper at least once a
week for four consecutive weeks;
2.
show the name of the permittee, including the number and date of issuance or
renewal of the permit;
3. show the
precise location and the number of acres of the lands subject to the
application;
4. show the total
amount of bond in effect for the permit area and the amount for which release
is sought;
5. summarize the
reclamation, restoration or abatement work done including, but not limited to,
backstowing or mine sealing, if applicable, and give the dates of completion of
that work;
6. describe the
reclamation results achieved, as they relate to compliance with the Act, these
regulations, and the approved mining and reclamation plan and permit;
and
7. state that written comments,
objections and requests for a public hearing or informal conference may be
submitted to the office; provide the address of the office; and provide the
closing date by which comments, objections and requests must be
received.
C. Objections
and Requests for Hearing. Written objections to the proposed bond release and
requests for an informal conference may be filed with the office by any
affected person within 30 days following the last advertisement of the filing
of the application. For the purpose of this Section, an affected person is:
1. any person with a valid legal interest
which might be adversely affected by bond release; or
2. the responsible officer or head of any
federal, state or local government agency which has jurisdiction by law or
special expertise with respect to any environmental, social or economic impact
involved, or is authorized to develop and enforce environmental standards with
respect to surface coal mining and reclamation operations.
D. Inspection by Office of Conservation
1. Upon receipt of the bond release
application the office shall, within 30 days, or as soon thereafter as weather
conditions permit, conduct an inspection and evaluation of the reclamation work
involved. The evaluation shall consider, among other factors, the degree of
difficulty to complete any remaining reclamation, whether pollution of surface
water or ground water is occurring, the probability of future occurrence of
such pollution and the estimated cost of abating such pollution. The surface
owner, agent or lessee shall be given notice of such inspection and may
participate with the office in making the bond release inspection. The office
may arrange with the permittee to allow access to the permit area, upon request
by any person with an interest in bond release, for the purpose of gathering
information relevant to the proceeding.
2. Within 60 days from the filing of the bond
release application, if no public hearing is held pursuant to Chapter 45 or
within 30 days after a public hearing has been held pursuant to Chapter 45, the
office shall notify in writing the permittee, the surety or other persons with
an interest in bond collateral who have requested notification under §4303, and
the persons who either filed objections in writing or objectors who were a
party to the hearing proceedings, if any, of its decision to release or not to
release all or part of the performance bond.
E. Informal Conference. Under the regulations
providing for an informal conference on proposed bond releases, the office
shall schedule a conference if written objections are filed and a conference is
requested. The conference shall be held in the locality of the permit area for
which bond release is sought.
1. Notice of an
informal conference shall be published in the official state publication, and
in a newspaper of general circulation in the locality of the conference, at
least two weeks before the date of the conference.
2. The informal conference shall be held
within 30 days from the date of the notice.
3. Neither the requirements of §5 of the
Administrative Procedure Act (5 U.S.C. Sec. 554) nor the
requirements of the Louisiana Administrative Procedure Act shall apply to the
conduct of the informal conference.
4. An electronic or stenographic record shall
be made of the conference and the record maintained for access by the parties,
until final release of the bond, unless recording is waived by all of the
parties to the conference.
5. The
office shall, in response to a specific request therefor, arrange with the
applicant for reasonable public access to the area which forms the subject of
the conference. Such access shall be made available at a specific date and time
at least one week before the date of the conference. The specific information
regarding access shall be included with the notice of informal conference. Any
member of the public who enters upon the subject area in accordance with this
Section shall comply with all state and federal laws and regulations regarding
health and safety on a minesite including, but not limited to, regulations
promulgated by the Office of Conservation, the Office of Surface Mining, the
Mine Safety and Health Administration and the Occupational Health and Safety
Administration. The applicant will have available, in various sizes, any
special equipment to be worn under the foregoing laws and regulations
including, but not limited to, mandated types of headgear, footgear and
eyewear.
F. Office of
Conservation Review and Decision
1. The
office shall consider, during inspection evaluation, hearing and decision:
a. whether the permittee has met the criteria
for release of the bond under §4503;
b. the degree of difficulty in completing any
remaining reclamation, restoration or abatement work; and
c. whether pollution of surface water or
ground water is occurring, the probability of future pollution or the
continuance of any present pollution, and the estimated cost of abating any
pollution.
2. If no
informal conference has been held under
§4501 E, the office shall notify the
permittee and any other interested parties in writing of its decision to
release or not to release all or part of the performance bond or deposit within
60 days from the receipt of the completed application, or within 30 days from
the close of the public comment period if comments were received, whichever
occurs last.
3. If there has been
an informal conference held under
§4501 E, the notification of the decision
shall be made to the permittee and all interested parties within 30 days after
conclusion of the conference.
4.
The notice of the decision shall state the reasons for the decision, recommend
any corrective actions necessary to secure the release, and notify the
permittee and all interested parties of their right to request a public hearing
in accordance with
§4501 G-H.
5. If the office disapproves the application
for release of the bond or portion thereof, the office shall notify the
permittee, the surety, and any person with an interest in collateral as
provided for in
§4303. F 11 and G.8, in
writing, stating the reasons for disapproval and recommending corrective
actions necessary to secure the release and allowing an opportunity for a
public hearing.
6. The office shall
not release the bond until:
a. the town, city
or other municipality nearest to, or the parish in which the surface coal
mining and reclamation operation is located, has received at least 30 days
notice of the release by certified mail;
b. the right to request a public hearing
pursuant to
§4501. G has not been
exercised, or a final decision by the hearing authority approving the release
has been issued pursuant to
§4501 H
G. Administrative Review: Public Hearings.
Following receipt of the decision of the office under
§4501 F, the permittee or any affected
person may request a public hearing on the reasons for that decision. Requests
for hearings shall be filed within 30 days after the permittee and other
parties are notified of the decision of the office under
§4501 F
H. Public Hearings. Public hearings required
under this Section shall be conducted as follows: The office shall inform the
permittee, local government and the objecting party of the time, date and place
of the hearing, and publish notice of the hearing in the official state
publication, if any, and in a newspaper of general circulation in the locality
of the permit area twice a week for two consecutive weeks before the hearing.
The hearing shall be adjudicatory in nature and be held within 30 days of the
receipt of the request, in the town or city nearest the permit area, or the
state capital, at the option of the objector. The office may subpoena witnesses
and printed materials and compel the attendance of witnesses and production of
the materials at the hearing. A verbatim record of the hearing shall be made
and the transcript made available on the motion of any party or by order of the
office. The decision of the hearing authority shall be made within 30 days of
the hearing. Parties seeking to reverse the decision or any part of the
decision of the office which is the subject of the hearing shall have the
burden of presenting a preponderance of evidence, to persuade the hearing
authority that the decision cannot be supported by the reasons given in the
notification of the office's decision.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.
