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2016-02-22_ENFORCEMENT - C1981044
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2016-02-22_ENFORCEMENT - C1981044
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Last modified
8/24/2016 6:19:23 PM
Creation date
3/4/2016 10:58:32 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981044
IBM Index Class Name
Enforcement
Doc Date
2/22/2016
Doc Name
Notice of Intent to File Law Suit Against Peabody Energy
From
Wild Earth Guardians
To
Peabody Energy
Violation No.
TDNX16140182004
Email Name
JRS
MPB
DIH
TNL
Media Type
D
Archive
No
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Appendix A- State Regulations on Acceptance of Self -Bond (survey question 3) <br />A.1— Indiana: <br />The mechanism includes: <br />The applicant has a current rating for their most recent bond issuance of "A" or higher; or <br />The applicant has a tangible net worth of $10,000,000, a ratio of total liabilities to net worth of not <br />more than 2.5:1, and a ratio of current assets to current liabilities of at least 1.2:1. The ratio <br />requirements must be met for the year immediately preceding application and must be documented for <br />the four years preceding the application; or <br />The applicant has fixed assets in the US that total $20,000,000, a ratio of total liabilities to net worth of <br />2.5:1, and a ratio of current assets to current liabilities of 1.2:1. The ratio requirements must be met for <br />the year immediately preceding application and must be documented for the four years preceding the <br />application. <br />The applicant must submit financial statements for the most recently completed fiscal year with a <br />report by an independent CPA; <br />The applicant must submit unaudited financial statements for completed quarters in the current fiscal <br />year and comparative financial data from a five year period; <br />The applicant must submit a statement listing: <br />o liens against assets in the US for amounts more than 2% of net worth; <br />o Every action pending against the applicant; <br />o Every judgment rendered against the applicant within the last seven years that remains <br />unsatisfied and is for more than 2%n of the applicants net worth; <br />A.2 — Mississippi <br />§ 4305. Self -bonding <br />(a) The Permit Board may accept a self -bond from an applicant for a permit if all of the following conditions <br />are met by the applicant or its parent corporation guarantor: <br />(1) The applicant designates with the Mississippi Secretary of State a suitable agent to receive service <br />of process in the state of Mississippi. <br />(2) The applicant has been in continuous operation as a business entity for a period of not less than <br />five years. Continuous operation shall mean that business was conducted over a period of five <br />years immediately preceding the time of application. <br />(A) The Permit Board may allow a joint venture or syndicate with less than five years of <br />continuous operation to qualify under this requirement, if each member of the joint <br />venture or syndicate has been in continuous operation for at least five years immediately <br />preceding the time of application. <br />(B) When calculating the period of continuous operation, the Permit Board may exclude past <br />periods of interruption to the operation of the business entity that were beyond the <br />applicant's control and that do not affect the applicant's likelihood of remaining in <br />business during the proposed surface coal mining and reclamation operations. <br />(3) The applicant submits financial information in sufficient detail to show that the applicant meets <br />one of the following criteria: <br />(A) the applicant has a current rating for its most recent bond issuance of "A" or higher as <br />
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