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Page 166 Section 2.07.6 regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining operation, the Division shall not issue the permit if any surface coal mining and reclamation operation owned or controlled by either the appl icant or by any person who owns or controls the applicant is currently in violation of the Act or any other law, rule or regilation referred to in this paragraph. In the absence of a failure-to-abate cessation order, the regulatory authority may presume that a notice of violation issued pursuant to 5.03.2(2) or under a Federal or State program has been or is being corrected to the satisfaction of the agency wi th jurisdiction over the violation, except where evidence to the contrary is set forth in the permit application, or where the notice of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties. If a current violation exists, the Division shall require the applicant or person who owns or controls the appl icant, to either: (i) Submit proof to the Division which is satisfactory to the regrlatory authoritiy, department or agency which has jurisdiction over such violation that the violation: (A) Has been corrected, or (B) Is in the process of being corrected; or 114(3) (ii) Establish to the Division that the applicant, any person who owns or control the applicant or any person owned or controlled by either, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority either denies the appeal or affirms the violation, then any surface coal mining operations being conducted under a permit issued according to 2.07.6(1) shall be immediately terminated, unless and until the provisions of 2.07 .6(1)(b)(i) are satisfied. (iii) Any permit that is issued on the basis of proof submitted under the provisions of 2.07 .6(1)(b)(i) that a violation is in the process of being corrected, or pending the outcome of an appeal described in 2.07 .6(1) (b)(ii ), shall be condi ti ovally issued.