New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 7 - PERMIT APPLICATIONS - MINIMUM REQUIREMENTS FOR LEGAL, FINANCIAL, COMPLIANCE AND RELATED INFORMATION
Section 19.8.7.702 - COMPLIANCE INFORMATION

Universal Citation: 19 NM Admin Code 19.8.7.702

Current through Register Vol. 35, No. 18, September 24, 2024

Each application shall contain:

A. a statement of whether the applicant or any subsidiary, affiliate, or person controlled by or under common control with the applicant has:

(1) had a federal or state coal mining permit suspended or revoked in the 5 years preceding the date of submission of the application; or

(2) forfeited a performance bond or similar security deposited in lieu of bond;

B. a brief explanation of the facts involved if any such suspension, revocation, or forfeiture referred to in Paragraphs (1) and (2) of Subsection A of 19.8.7.702 NMAC has occurred, including:

(1) identification number and date of issuance of the permit, and the date and amount of bond or similar security;

(2) identification of the authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action;

(3) the current status of the permit, bond, or similar security involved;

(4) the date, location, and type of any administrative or judicial proceedings initiated concerning the suspension, revocation, or forfeiture; and

(5) the current status of the proceedings;

C. a listing of each violation notice received by the applicant in connection with any surface coal mining operation during the 3-year period before the application date, and a list of all outstanding violation notices received prior to the date of the application by any surface coal mining operation that is deemed or presumed to be owned or controlled by either the applicant or any person who is deemed or presumed to own or control the applicant under the definition of "owned or controlled" and "owns or controls" in Subsection O of 19.8.1.107 NMAC; for each notice of violation issued pursuant to 30 CFR 843.12 or under a federal or state program for which the abatement period has not expired, the applicant shall certify that such notice of violation is in the process of being corrected to the satisfaction of the agency with jurisdiction over the violation; for each violation notice reported, the list shall include the following information, as applicable:

(1) any identifying numbers for the operation, including the federal or state permit number and MSHA number, the dates of issuance of the violation notice and MSHA number, the name of the person to whom the violation notice was issued, and the name of the issuing regulatory authority, department or agency;

(2) a brief description of the violation alleged in the notice;

(3) the date, location, and type of any administrative or judicial proceedings initiated concerning the violation, including, but not limited to, proceedings initiated by any person identified in Subsection C of 19.8.7.702 NMAC to obtain administrative or judicial review of the violation;

(4) the current status of the proceedings and of the violation notice; and

(5) the actions, if any, taken by any person identified in Subsection C of 19.8.7.702 NMAC to abate the violation;

D. after an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct or indicate that no change has occurred in the information previously submitted under this section.

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