Section 1778.13  Identification of Interests

An application to conduct surface coal mining and reclamation operations shall contain the following information, except that the submission of a social security number is voluntary:

a)         A statement as to whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity.

b)         Names, addresses, and telephone numbers and, as applicable, social security and federal employer identification number of the applicant, the operator (if different from the applicant), the person who will pay the abandoned mine land reclamation fee, and the applicant's resident agent who will accept service of process.

c)         For each person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 62 Ill. Adm. Code 1773.5, as applicable.

1)         The person's name, adddress, social security number and employer identification number.

2)         The person's ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure;

3)         The title of the person's position, date position was assumed, and when submitted under 62 Ill. Adm. Code 1773.17(h), date of departure from the position;

4)         Each additional name and identifying number, including employer identification number, Federal or State permit number, and MSHA number with date of issuance, under which the person owns or controls, or previously owned or controlled, a surface coal mining and reclamation operation in the United States within the five (5) years preceding the date of the application; and

5)         The application number or other state or federal identifier of, and the regulatory authority for, any other pending surface coal mining operation permit application filed by the person in any State in the United States.

d)         For any surface coal mining operation owned or controlled by either the applicant or by any person who owns or controls the applicant under the definition of "owned or controlled" and "owns or controls" in 62 Ill. Adm. Code 1773.5, the operation's:

1)         Name, address, identifying numbers, including employer identification number, Federal or State permit number and MSHA number, the date of issuance of the MSHA number, and the regulatory authority; and

2)         Ownership or control relationship to the applicant, including percentage of ownership and location in organizational structure.

e)         The name and address of each legal or equitable owner of record of the surface and mineral property to be mined, each holder of record of any leasehold interest in the property to be mined, and any purchaser of record under a real estate contract for the property to be mined.

f)          The name and address of each owner of record of all property (surface and subsurface) contiguous to any part of the proposed permit area.

g)         The Mine Safety and Health Administration (MSHA) numbers for all mine-associated structures that require MSHA approval, pursuant to 30 CFR 77(1986).

h)         A statement of all lands, interest in lands, options, or pending bids on interests held or made by the applicant for lands contiguous to the area described in the permit application.  If requested by the applicant, any information required by this section which is not on public file pursuant to State law shall be held in confidence by the Department, as provided under 62 Ill. Adm. Code 1773.13(d)(3)(B).

i)          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 subsections (a) through (d). Information submitted as a change shall be evaluated in the same manner as the original application.

j)          The applicant shall submit the information required by Sections 1778.13 and 1778.14 in the format prescribed and issued by the Department and the federal Office of Surface Mining Reclamation and Enforcement.

(Source:  Amended at 14 Ill. Reg. 11873, effective January 1, 1991)