Subchapter K. MINE OPERATOR’S LICENSE
Sec.
86.351. License requirement.
86.352. Mine operator’s license application.
86.353. Identification of ownership.
86.354. Public liability insurance.
86.355. Criteria for approval of application.
86.356. License renewal requirements.
86.357. Informal conference.
86.358. Suspension and revocation.
86.359. Fees.
Source The provisions of this Subchapter K adopted November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041, unless otherwise noted.
§ 86.351. License requirement.
A person who intends to mine coal as an operator within this Commonwealth shall first obtain a mine operator’s license from the Department.
§ 86.352. Mine operator’s license application.
Application for license shall be made in writing on forms prepared and furnished by the Department and contain information pertaining to:
(1) Identification of ownership.
(2) Public liability insurance.
§ 86.353. Identification of ownership.
The application shall indicate whether the applicant is a corporation, partnership, sole proprietorship, association or other business entity. For all entities, the application shall contain the following information, as applicable, for each person who owns or controls the applicant under the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ in § 86.1 (relating to definitions) except that the submission of a Social Security number is voluntary:
(1) The name, address, Social Security number and employer identification number of every:
(i) Officer.
(ii) Partner.
(iii) Associate.
(iv) Shareholder of at least 10% of the voting stock.
(v) Director.
(vi) Other person performing a function similar to a director of the applicant.
(vii) Person having the ability to commit the financial or real property assets or working resources of an entity.
(viii) Person who has another relationship with the applicant which gives the person authority directly or indirectly to determine the manner in which mining is conducted.
(ix) Person who owns or controls the persons specified in subparagraphs (i)—(viii), either directly or indirectly through intermediary entities.
(2) For each person listed in paragraph (1), the following:
(i) The title of the person’s position.
(ii) The date the position or stock ownership was assumed, and if applicable, the date of departure from the position or the date of sale of stock.
(iii) The percentage of ownership.
(iv) The location in the organizational structure.
(v) The relationship to the applicant.
(3) The following related entity information:
(i) The names of companies who, under the definition of ‘‘owned or controlled’’ or ‘‘owns or controls’’ in § 86.1, own or control the applicant or who are owned or controlled by the applicant and provide the following information for each entity:
(A) Identifying numbers, including Employer Identification numbers, Federal or State permit numbers and Mine Safety and Health Administration (MSHA) numbers with the date of issuance for each permit.
(B) The application number or other identifier of and the regulatory authority for any other pending mining operation permit application filed by the entity in any other state.
(C) The name, address, Social Security number and Employer Identification Number of every officer, partner, associate, principal shareholder, director or other person performing a function similar to director of the applicant, including the title of the person’s position and the date the position was assumed, and if applicable, the date of departure from the position or date of sale of stock.
(ii) For each person listed in paragraph (1), who is, or has been, associated with another company as an owner or controller, under the definition of ‘‘owned or controlled’’ and ‘‘owns or controls’’ in § 86.1, within the 5-year period preceding the date of application, provide the following information:
(A) The name of each entity they are, or were, associated with.
(B) The identifying numbers, including Employer Identification numbers, Federal or State permit numbers and MSHA numbers with the date of issuance for each permit.
(C) The application number or other identifier of and the regulatory authority for other pending mining operation permit applications filed by the entity with which the person is affiliated in other states.
Cross References This section cited in 25 Pa. Code § 86.195 (relating to penalties against corporate officers).
§ 86.354. Public liability insurance.
The applicant shall provide a certificate of insurance for the term of the license covering all surface mining activities of the applicant in this Commonwealth and in accordance with § 86.168 (relating to terms and conditions for liability insurance).
§ 86.355. Criteria for approval of application.
(a) The Department will not issue, renew or amend the license of any person who mines coal by the surface mining method if, after investigation and an opportunity for an informal conference, it finds one or more of the following:
(1) The applicant has failed, and continues to fail, to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person’s bonds. The Department will consider the applicant to be in compliance, for purposes of determining whether the license will be issued, renewed or amended, when the applicant is in compliance with a schedule approved by the Department in writing.
(2) The applicant has shown a lack of ability or intention to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by written notice from the Department of a declaration of forfeiture of a person’s bonds.
(3) The applicant has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has failed and continues to fail to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a persons’ bonds. The Department will consider the applicant to be in compliance, for purposes of determining whether the license shall be issued, renewed or amended, when the conduct is being corrected to the satisfaction of the Department in accordance with a schedule approved by the Department in writing.
(4) The applicant has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has shown a lack of ability or intention to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person’s bonds.
(b) The Department will issue a notice of intention not to issue, renew or amend a license for the reasons in subsection (a).
(c) Prior to the final action of not issuing, renewing or amending a license, the Department will notify the applicant, in writing, of the intention not to issue, renew or amend the license, and the opportunity for an informal conference.
(d) A person who opposes the Department’s decision on issuance, renewal or amendment of a license has the burden of proof.
(e) For the purposes of this section, ‘‘adjudicated proceeding’’ means a final unappealed order of the Department or a final order of the EHB or other court of competent jurisdiction.
Cross References This section cited in 25 Pa. Code § 86.357 (relating to informal conference); 25 Pa. Code § 88.333 (relating to cessation of operations: permanent); and 25 Pa. Code § 90.168 (relating to cessation of operations: permanent).
§ 86.356. License renewal requirements.
(a) A person licensed as a mine operator shall renew the license annually according to the schedule established by the Department.
(b) The application for renewal shall be made at least 60 days before the current license expires.
(c) If the Department intends not to renew a license of any person who mines coal by the surface mining method, the Department will notify the licensee a minimum of 60 days prior to expiration of the license. Nothing in this section prevents the Department from not renewing the license for violations occurring or continuing within this 60-day period if the Department provides an opportunity for an informal conference.
§ 86.357. Informal conference.
(a) If the applicant requests an informal conference, the applicant shall, within 15 days of receipt of notice under § 86.355(c) (relating to criteria for approval of application), request, in writing, that the Department hold an informal conference to provide the applicant with an opportunity to informally discuss the Department’s intention not to issue, renew or amend the license.
(b) If the applicant requests an informal conference under this section, the license shall remain in effect until the Department has made its decision after the informal conference.
§ 86.358. Suspension and revocation.
(a) The Department may suspend or revoke a license for the following reasons:
(1) Failure to comply with an order of the Department for which a supersedeas has not been granted.
(2) Failure to comply with the conditions of a permit.
(3) Failure to comply with the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1391.1—1396.19b) or the regulations thereunder.
(4) Failure to maintain public liability insurance.
(b) If the Department intends to revoke or suspend a license, it will provide an opportunity for an informal conference before suspending or revoking a license. The Department will notify the licensee of its intent to revoke or suspend a license and of the opportunity for an informal conference at least 15 days prior to revoking or suspending the license, unless the Department determines that a shorter period is in the public interest.
Authority The provisions of this § 86.358 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 86.358 amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904. Immediately preceding text appears at serial pages (237145) to (237146).
§ 86.359. Fees.
(a) The application for licensure or renewal of licensure shall be accompanied by a fee of $50 in the case of persons mining 2,000 tons or less of marketable coal per year, a fee of $500 in the case of persons mining more than 2,000 or up to 300,000 tons of marketable coal per year and a fee of $1,000 for all others.
(b) A fee may be refunded at the applicant’s request if the application is withdrawn prior to the Department deciding to issue or deny the license. Once the Department notifies the applicant of its final decision concerning issuance or denial of a license or renewal, the fee is not refundable.
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