C.F.R. » Title 30 » CHAPTER VII—OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER G—SURFACE COAL MINING AND RECLAMATION OPERATIONS PERMITS AND COAL EXPLORATION SYSTEMS UNDER REGULATORY PROGRAMS › PART 773—REQUIREMENTS FOR PERMITS AND PERMIT PROCESSING

30 C.F.R. § 773.12

Permit eligibility determination

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Based on the reviews required under §§ 773.9 through 773.11 of this part, we, the regulatory authority, will determine whether you, the applicant, are eligible for a permit under section 510(c) of the Act.

(a) Except as provided in §§ 773.13 and 773.14 of this part, you are not eligible for a permit if we find that any surface coal mining operation that—

(1) You directly own or control has an unabated or uncorrected violation; or

(2) You or your operator indirectly control has an unabated or uncorrected violation and your control was established or the violation was cited after November 2, 1988.

(b) We will not issue you a permit if you or your operator are permanently ineligible to receive a permit under § 774.11(c) of this subchapter.

(c) After we approve your permit under § 773.15 of this part, we will not issue the permit until you comply with the information update and certification requirement of § 778.9(d) of this subchapter. After you complete that requirement, we will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect your permit eligibility under paragraphs (a) and (b) of this section. We will request this report no more than five business days before permit issuance under § 773.19 of this part.

(d) If you are ineligible for a permit under this section, we will send you written notification of our decision. The notice will tell you why you are ineligible and include notice of your appeal rights under part 775 of this subchapter and 43 CFR 4.1360 through 4.1369.

[65 FR 79663, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]
Notes of Decisions
Cited in 3 cases, 1985–2001 · leading case: In Re Permanent Surface Mining Reg. Litig., 620 F. Supp. 1519 (D.D.C. 1985).
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In Re Permanent Surface Mining Reg. Litig., 620 F. Supp. 1519 (D.D.C. 1985). “30 C.F.R. § 773.12 (1984). Finally, the Secretary points out that plaintiffs have not been able to point to anything in the legislative history to suggest such a broad reading of the phrase “included in the National Register.”
Nat'l Mining Ass'n v. United States Dep't of the Interior, 251 F.3d 1007 (D.C. Cir. 2001). “(to be codified at 30 C.F.R. § 773.12 ). There is no readily apparent provision indicating that information from the AVS is to be given controlling weight.”
Indiana Coal Council, Inc. v. Lujan, 774 F. Supp. 1385 (D.D.C. 1991). “” 30 C.F.R. § 773.12 . B. Factual Background In March 1979, OSM promulgated regulations, pursuant to SMCRA, that offered protection to historic properties threatened by the surface mining of coal operations.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.