30 C.F.R. § 773.13
Unanticipated events or conditions at remining sites
(a) You, the applicant, are eligible for a permit under § 773.12 if an unabated violation—
(1) Occurred after October 24, 1992; and
(2) Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the person applying for the new permit.
(b) For permits issued under § 785.25 of this subchapter, an event or condition is presumed to be unanticipated for the purpose of this section if it—
(1) Arose after permit issuance;
(2) Was related to prior mining; and
(3) Was not identified in the permit application.
Notes of Decisions
Cited in 2
cases, 1988–1988 · leading case: Canestraro v. Faerber, 374 S.E.2d 319 (W. Va. 1988).
Canestraro v. Faerber, 374 S.E.2d 319 (W. Va. 1988). “” 30 C.F.R. § 773.13 (a)(2). The DOE has six regional offices throughout the state.”
Illinois South Proj., Inc. v. Donald P. Hodel, Sec'y of the Interior, 844 F.2d 1286 (7th Cir. 1988). “30 C.F.R. § 773.13 (a), (b). This means an application .”
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