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. SMCRA, bond forfeitures where violations upon which the forfeitures were based have not been corrected <br />delinquent abandoned mine reclamation fees, and unabated violations of Federal and State laws, rules, and <br />regulations pertaining to air or water environmental protection incurred in connection with any surface coal mining <br />o~era[ion, the Division shall not issue the permit if any surface coal minim and reclamation operation owned or <br />controlled by either the applicant or by any uerson who owns or controls the applicant is currently in violation of <br />the Act or any other law, rule or regulation referred to in this oarasraph. In the absence of a failure-to-abate <br />cessation order, the reeulatorv authority may presume that a notice of violation issued pursuant to 5 03 2(2) or <br />under a Federal or Stale program has been or is beine corrected to the satisfaction of the aeency with iurisdiction <br />over the violation, except where evidence to [he cotttrarv is set forth in the permit application, or where the notice <br />of violation is issued for nonpayment of abandoned mine reclamation fees or civil penalties. If a current violation <br />exists, the Division shall require the applicant or person who owns or controls the applicant, to either: <br />(i) Submit proof to the Division which is satisfactory to the regulatory <br />authority, department or agency which has iurisdiction over such violation that the violation: <br />(A) Has been corrected, or <br />(B) Is in the process of beine corrected: or <br />Establish to the Division that the applicant, env person who owns or <br />control the applicant or env person owned or controlled by either, has filed and is presently pursuine. in eood faith, <br />a direct administrative or iudicial appeal to contest the validity of that violation. If the administrative or iudicial <br />hearing authority either denies the appeal or affirms the violation, then any surface coal mining operations beine <br />conducted under a permit issued according to 2.07.60) shall be immediately terminated, unless and until the <br />provisions of 2.07.6(1)(b)(i) are satisfied. <br />(iii) Anv permit that is issued on the basis of proof submitted under the <br />provisions of 2.07.6(I)(b)(i) that a violation is in the process of being corrected, or pending the outcome of an <br />appeal described in 2.07.6(I)(b)(ii), shall be conditionally issued. <br />(c) Before env final determination of approval or denial of the permit application by <br />the Division or the Board. the applicant, or env person who owns or controls the applicant, or the operator specified <br />in the application whom the Division finds controls or has controlled minute operations with a demonstrated pattern <br />of willful violation of the Act of such nature, duration, and with such resultine irreparable datnagc [o the <br />environment that indicates an intent not to comply with the provisions of the Act, shall be afforded an onnortunity <br />for an adjudicatorv hearing on the determination as provided for by 2.07.4(3)(6)-2.07.4(3)(f1. <br />(d) After a written decision is published. but before the permit is issued. the <br />Division shall reconsider its decision to approve the application, based on the compliance review required by <br />2.07.6(1)(6) in light of arty new information submitted under 2.03.4(5) and 2.03.5(4). <br />{2) Criteria for permit approval or denial. <br />No permit or penni[ revision application shall be approved, unless the application afTirmativeh~ <br />demonstrates and the Division or Board finds. in writing. on the basis of information set forth in the application or <br />from information otherwise available, which is documented in the approval and made available to the applicant. <br />that: <br />(a) The permit application is accurate and complete and that all requirements of <br />• the Act and these Rules have been complied ~~ ith. <br />Permit Renewal No.3 2.07-8 3/5/99 <br />