30 C.F.R. § 774.11 Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information.
Title 30 - Mineral Resources
(a) For the purposes of future permit eligibility determinations and enforcement actions, we, the regulatory authority, must enter into AVS the data shown in the following table— (b) If, at any time, we discover that any person owns or controls an operation with an unabated or uncorrected violation, we will determine whether enforcement action is appropriate under part 843, 846 or 847 of this chapter. We must enter the results of each enforcement action, including administrative and judicial decisions, into AVS. (c) We must serve a preliminary finding of permanent permit ineligibility under section 510(c) of the Act on you, an applicant or operator, if the criteria in paragraphs (c)(1) and (c)(2) are met. In making a finding under this paragraph, we will only consider control relationships and violations which would make, or would have made, you ineligible for a permit under §§773.12(a) and (b) of this subchapter. We must make a preliminary finding of permanent permit ineligibility if we find that— (1) You control or have controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under section 510(c) of the Act; and (2) The violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate your intent not to comply with the Act, its implementing regulations, the regulatory program, or your permit. (d) You may request a hearing on a preliminary finding of permanent permit ineligibility under 43 CFR 4.1350 through 4.1356. (e) We must enter the results of the finding and any hearing into AVS. (f) At any time, we may identify any other person who owns or controls an entire operation or any relevant portion or aspect thereof. If we identify such a person, we must— (1) Issue a written finding to the person and the applicant or permittee describing the nature and extent of ownership or control; and (2) Enter our finding under paragraph (f)(1) of this section into AVS; and (3) Require the person to— (i) Disclose their identity under §778.11(c)(5) of this subchapter; and (ii) Certify they are a controller under §778.11(d) of this subchapter, if appropriate. (g) A person we identify under paragraph (f)(1) of this section may challenge the finding using the provisions of §§773.25, 773.26 and 773.27 of this subchapter. [65 FR 79667, Dec. 19, 2000]
Title 30: Mineral Resources
PART 774—REVISION; RENEWAL; TRANSFER, ASSIGNMENT, OR SALE OF PERMIT RIGHTS; POST-PERMIT ISSUANCE REQUIREMENTS; AND OTHER ACTIONS BASED ON OWNERSHIP, CONTROL, AND VIOLATION INFORMATION
§ 774.11 Post-permit issuance requirements for regulatory authorities and other actions based on ownership, control, and violation information.
------------------------------------------------------------------------ We must enter into AVS all . . . within 30 days after . . .------------------------------------------------------------------------(1) Permit records..................... the permit is issued or subsequent changes made.(2) Unabated or uncorrected violations. the abatement or correction period for a violation expires.(3) Changes of ownership or control.... receiving notice of a change.(4) Changes in violation status........ abatement, correction, or termination of a violation, or a decision from an administrative or judicial tribunal.------------------------------------------------------------------------
