---
kind: "range"
citation: "30 C.F.R. §§ 773.7–773.14"
title: "30"
from: "773.7"
to: "773.14"
count: 8
url: "https://uscodex.org/cfr/30/773.7..773.14"
---

# §773.7. Review of permit applications.

- (a) The regulatory authority will review an application for a permit, revision, or renewal; written comments and objections submitted; and records of any informal conference or hearing held on the application and issue a written decision, within a reasonable time set by the regulatory authority, either granting, requiring modification of, or denying the application. If an informal conference is held under [§ 773.6(c)](/cfr/30/773.6.md?p=c) of this part, the decision will be made within 60 days of the close of the conference.
- (b) The applicant for a permit or revision of a permit shall have the burden of establishing that his application is in compliance with all the requirements of the regulatory program.

# §773.8. General provisions for review of permit application information and entry of information into AVS.

- (a) Based on an administratively complete application, we, the regulatory authority, must undertake the reviews required under [§§ 773.9 through 773.11](/cfr/30/773.9..773.11.md) of this part.
- (b) We will enter into AVS—
  - (1) The information you are required to submit under §§ [778.11](/cfr/30/778.11.md) and [778.12(c)](/cfr/30/778.12.md?p=c) of this subchapter.
  - (2) The information you submit under [§ 778.14](/cfr/30/778.14.md) of this subchapter pertaining to violations which are unabated or uncorrected after the abatement or correction period has expired.
- (c) We must update the information referred to in [paragraph (b)](#b) of this section in AVS upon our verification of any additional information submitted or discovered during our permit application review.

# §773.9. Review of applicant and operator information.

- (a) We, the regulatory authority, will rely upon the information that you, the applicant, are required to submit under [§ 778.11](/cfr/30/778.11.md) of this subchapter, information from AVS, and any other available information, to review your and your operator's organizational structure and ownership or control relationships.
- (b) We must conduct the review required under [paragraph (a)](#a) of this section before making a permit eligibility determination under [§ 773.12](/cfr/30/773.12.md) of this part.

# §773.10. Review of permit history.

- (a) We, the regulatory authority, will rely upon the permit history information you, the applicant, submit under [§ 778.12](/cfr/30/778.12.md) of this subchapter, information from AVS, and any other available information to review your and your operator's permit histories. We must conduct this review before making a permit eligibility determination under [§ 773.12](/cfr/30/773.12.md) of this part.
- (b) We will also determine if you or your operator have previous mining experience.
- (c) If you or your operator do not have any previous mining experience, we may conduct an additional review under [§ 774.11(f)](/cfr/30/774.11.md?p=f) of this subchapter. The purpose of this review will be to determine if someone else with mining experience controls the mining operation.

# §773.11. Review of compliance history.

- (a) We, the regulatory authority, will rely upon the violation information supplied by you, the applicant, under [§ 778.14](/cfr/30/778.14.md) of this subchapter, a report from AVS, and any other available information to review histories of compliance with the Act or the applicable State regulatory program, and any other applicable air or water quality laws, for—
  - (1) You;
  - (2) Your operator;
  - (3) Operations you own or control; and
  - (4) **Operations your operator owns or controls.**
- (b) We must conduct the review required under [paragraph (a)](#a) of this section before making a permit eligibility determination under [§ 773.12](/cfr/30/773.12.md) of this part.

# §773.12. Permit eligibility determination.


Based on the reviews required under [§§ 773.9 through 773.11](/cfr/30/773.9..773.11.md) of this part, we, the regulatory authority, will determine whether you, the applicant, are eligible for a permit under [section 510(c)](/cfr/30/510.md?p=c) of the Act.

- (a) Except as provided in §§ [773.13](/cfr/30/773.13.md) and [773.14](/cfr/30/773.14.md) of this part, you are not eligible for a permit if we find that any surface coal mining operation that—
  - (1) You directly own or control has an unabated or uncorrected violation; or
  - (2) You or your operator indirectly control has an unabated or uncorrected violation and your control was established or the violation was cited after November 2, 1988.
- (b) We will not issue you a permit if you or your operator are permanently ineligible to receive a permit under [§ 774.11(c)](/cfr/30/774.11.md?p=c) of this subchapter.
- (c) After we approve your permit under [§ 773.15](/cfr/30/773.15.md) of this part, we will not issue the permit until you comply with the information update and certification requirement of [§ 778.9(d)](/cfr/30/778.9.md?p=d) of this subchapter. After you complete that requirement, we will again request a compliance history report from AVS to determine if there are any unabated or uncorrected violations which affect your permit eligibility under paragraphs [(a)](#a) and [(b)](#b) of this section. We will request this report no more than five business days before permit issuance under [§ 773.19](/cfr/30/773.19.md) of this part.
- (d) If you are ineligible for a permit under this section, we will send you written notification of our decision. The notice will tell you why you are ineligible and include notice of your appeal rights under [part 775](/cfr/30/part775.md) of this subchapter and [43 CFR 4.1360 through 4.1369](/cfr/43/4.1360..4.1369.md).

# §773.13. Unanticipated events or conditions at remining sites.

- (a) You, the applicant, are eligible for a permit under [§ 773.12](/cfr/30/773.12.md) if an unabated violation—
  - (1) Occurred after October 24, 1992; and
  - (2) Resulted from an unanticipated event or condition at a surface coal mining and reclamation operation on lands that are eligible for remining under a permit that was held by the person applying for the new permit.
- (b) For permits issued under [§ 785.25](/cfr/30/785.25.md) of this subchapter, an event or condition is presumed to be unanticipated for the purpose of this section if it—
  - (1) Arose after permit issuance;
  - (2) Was related to prior mining; and
  - (3) **Was not identified in the permit application.**

# §773.14. Eligibility for provisionally issued permits.

- (a) This section applies to you if you are an applicant who owns or controls a surface coal mining and reclamation operation with—
  - (1) A notice of violation issued under [§ 843.12](/cfr/30/843.12.md) of this chapter or the State regulatory program equivalent for which the abatement period has not yet expired; or
  - (2) **A violation that is unabated or uncorrected beyond the abatement or correction period.**
- (b) We, the regulatory authority, will find you eligible for a provisionally issued permit under this section if you demonstrate that one or more of the following circumstances exists with respect to all violations listed in [paragraph (a)](#a) of this section—
  - (1) For violations meeting the criteria of [paragraph (a)(1)](#a-1) of this section, you certify that the violation is being abated to the satisfaction of the regulatory authority with jurisdiction over the violation, and we have no evidence to the contrary.
  - (2) As applicable, you, your operator, and operations that you or your operator own or control are in compliance with the terms of any abatement plan (or, for delinquent fees or penalties, a payment schedule) approved by the agency with jurisdiction over the violation.
  - (3) **You are pursuing a good faith—**
    - (i) Challenge to all pertinent ownership or control listings or findings under [§§ 773.25 through 773.27](/cfr/30/773.25..773.27.md) of this part; or
    - (ii) Administrative or judicial appeal of all pertinent ownership or control listings or findings, unless there is an initial judicial decision affirming the listing or finding and that decision remains in force.
  - (4) The violation is the subject of a good faith administrative or judicial appeal contesting the validity of the violation, unless there is an initial judicial decision affirming the violation and that decision remains in force.
- (c) We will consider a provisionally issued permit to be improvidently issued, and we must immediately initiate procedures under §§ [773.22](/cfr/30/773.22.md) and [773.23](/cfr/30/773.23.md) of this part to suspend or rescind that permit, if—
  - (1) Violations included in [paragraph (b)(1)](#b-1) of this section are not abated within the specified abatement period;
  - (2) You, your operator, or operations that you or your operator own or control do not comply with the terms of an abatement plan or payment schedule mentioned in [paragraph (b)(2)](#b-2) of this section;
  - (3) In the absence of a request for judicial review, the disposition of a challenge and any subsequent administrative review referenced in paragraph [(b)(3)](#b-3) or [(4)](#b-4) of this section affirms the validity of the violation or the ownership or control listing or finding; or
  - (4) The initial judicial review decision referenced in paragraph [(b)(3)(ii)](#b-3-ii) or (4) of this section affirms the validity of the violation or the ownership or control listing or finding.