Section 12.116 - Identification of Interests and Compliance Information(a) Certification and update of existing permit application information. (1) If an applicant has previously applied for a permit and the required information is already in AVS, then the applicant may update the information in its application as follows: (A) If all or part of the information already in AVS is accurate and complete, the applicant may certify to the Commission by swearing or affirming, under oath and in writing, that the relevant information in AVS is accurate, complete, and up to date.(B) If part of the information in AVS is missing or incorrect, the applicant must submit to the Commission the necessary information or corrections, and swear or affirm, under oath and in writing, that the information submitted is accurate and complete.(C) If the applicant can neither certify that the data in AVS is accurate and complete, nor make the needed corrections, the applicant must provide the information required under this section.(2) After approval of an application but before issuance of a permit, the applicant must update, correct, or indicate that no change has occurred in the information previously submitted under this section.(b) Permit applicant and operator information. Each permit application shall contain: (1) a statement indicating whether the applicant or its operator are corporations, partnerships, associations, sole proprietorships, or other business entities;(2) taxpayer identification numbers for the applicant and its operator;(3) the name, address, and telephone number for: (B) the applicant's resident agent who will accept service of process;(C) any operator, if different from the applicant; and(D) each business entity in the applicant's and operator's organizational structure, up to and including the ultimate parent entity of the applicant and operator; for every such business entity, the applicant must also provide the required information for every president, chief executive officer, and director (or persons in similar positions), and every person who owns, of record, 10 percent or more of the entity;(4) for the applicant and its operator, and for each officer, partner, member, director, person performing a function similar to a director, and person who owns, of record, 10 percent or more of the applicant or operator, the following information: (A) the person's name, address, and telephone number;(B) the person's position title and relationship to the applicant, including percentage of ownership and location in the organizational structure; and(C) the date the person began serving in that position.(c) Permit history information. The permit applicant must provide a list of all names under which it, its operator, partners or principal shareholders, and the operator's partners or principal shareholders operates or previously operated a surface coal mining operation in the United States within the five-year period preceding the date of submission of the application. (1) For the applicant and operator, the applicant must provide a list of any pending permit applications for surface coal mining operations filed in the United States. The list must identify each application by its application number and jurisdiction, or by other identifying information when necessary.(2) For any surface coal mining operations that the applicant or operator owned or controlled within the five-year period preceding the date of submission of the application, and for any surface coal mining operation the applicant or operator owns or controls on that date, the application must include the: (A) permittee's and operator's name and address;(B) permittee's and operator's taxpayer identification numbers;(C) Federal or State permit number and corresponding MSHA number;(D) regulatory authority with jurisdiction over the permit; and(E) permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.(d) Property interest information. For the property to be mined, the applicant must provide in the permit application the following information: (1) the name and address of each: (A) legal or equitable owner of record of the surface and mineral estate;(B) holder of record of any leasehold interest; and(C) purchaser of record under a real estate contract;(2) the name and address of each owner of record, as reflected in the tax records of the county where the land is located, of all property (surface and subsurface) contiguous to any part of the proposed permit area;(3) a statement of all interests, options, or pending bids held by the applicant or that the applicant has made for lands contiguous to the proposed permit area; however, if requested by the applicant in writing, the Commission will hold as confidential, under § RSA 12.210 of this title (relating to Public Availability of Information in Permit Applications on File with the Commission), any information required to be submitted under this paragraph that is not on public file under State law; and(4) the Mine Safety and Health Administration (MSHA) numbers for all structures that require MSHA approval.(e) Violation information. (1) The applicant must state in the permit application whether it, an operator, or any subsidiary, affiliate, or entity which it or an operator owns or controls or which is under common control with it or an operator, has: (A) had a Federal or State permit for surface coal mining operations suspended or revoked during the five-year period preceding the date of submission of the application; or(B) forfeited a performance bond or similar security deposited in lieu of bond in connection with surface coal mining and reclamation operations during the five-year period preceding the date of submission of the application.(2) For each suspension, revocation, or forfeiture identified under paragraph (1) of this subsection, the applicant must provide a brief explanation of the facts involved, including the: (B) date of suspension, revocation, or forfeiture, and, when applicable, the date and amount of bond or similar security forfeited;(C) regulatory authority that suspended or revoked the permit or forfeited the bond and the stated reasons for the action;(D) current status of the permit, bond, or similar security involved; and(E) date, location, type, and current status of any administrative or judicial proceedings concerning the suspension, revocation, or forfeiture.(3) The applicant must provide a list of all violation notices that it or the operator received for any surface coal mining and reclamation operation during the three-year period preceding the date of submission of the application, and a list of all unabated or uncorrected violation notices incurred in connection with any surface coal mining and reclamation operation that it or its operator owns or controls on the date or application. For each violation notice reported, the applicant must include the following information, when applicable: (A) the permit number and associated MSHA number;(B) the issue date, identification number, and current status of the violation notice;(C) the name of the person to whom the violation notice was issued;(D) the name of the regulatory authority or agency that issued the violation notice;(E) a brief description of the violation alleged in the notice;(F) the date, location, type, and current status of any administrative or judicial proceedings concerning the violation notice;(G) if the abatement period for a violation in a notice of violation issued under § RSA 12.678 of this title (relating to Notices of Violation) has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and(H) for all violations not covered by subparagraph (G) of this paragraph, the actions taken to abate or correct the violation.(f) Commission actions. The Commission need not make a finding as provided for under §RSA 12.234<subdiv>(c)</subdiv> of this title (relating to Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures) before entering into AVS the information required to be disclosed under this section; however, the listing in AVS of a person identified in subsection (b) of this section does not create a presumption or constitute a determination that such person owns or controls a surface coal mining operation.16 Tex. Admin. Code § 12.116
The provisions of this §12.116 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640; amended to be effective February 24, 2014, 39 TexReg 1121