Section 1778.14  Violation Information

An application shall contain the following:

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

1)         Had a Federal or State coal mining permit suspended or revoked in the last five years preceding the date of submission of the application; or

2)         Forfeited a performance bond or similar security deposited in lieu of bond.

b)         If any such suspension, revocation, or forfeiture has occurred, a statement of the facts involved, 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 a permit or forfeited a bond and the stated reasons for that 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 these proceedings.

c)         A list of all violation notices received by the applicant during the three-year period preceding 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 the applicant under the definition of "owned or controlled" and "owns or controls" in 62 Ill. Adm. Code 1773.5.  For each notice of violation issued pursuant to 62 Ill. Adm. Code 1843.12 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) to obtain administrative or judicial review of the violations;

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) to abate the violation.

d)         Information about the applicant's present financial condition which would provide assurance to the Department that no further forfeiture would be expected.

e)         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.  Information submitted as a change shall be evaluated in the same manner as the original application.

(Source:  Amended at 22 Ill. Reg. 20260, effective November 5, 1998)