Section 11 AAC 90.023 - Identification of interests and compliance information(a) An applicant must provide in a permit application(1) a statement indicating whether the applicant is a corporation, partnership, association, sole proprietorship, or other business entity;(2) the applicant's taxpayer identification number; and(3) if applicable, a statement of the operator's status as a corporation, partnership, association, sole proprietorship, or other business entity.(b) Each application must contain the names, addresses, and telephone numbers of the permit applicant, operator, and the operation's resident agent for service of process.(c) For a business identified under (a) of this section, the application must contain the following information, if applicable:(1) the name, address, and telephone number of(A) every officer, partner, member, and director;(B) every other person performing a function similar to a director; and(C) any person owning 10 percent or more of the applicant's or operator's stock;(2) for each person listed in (1) of this subsection,(A) the person's position title and relationship to the applicant or operator, including percentage of ownership and location in the organizational structure; and(B) the date the person began functioning in that position;(3) names under which the applicant, partner, or principal shareholders listed in (1) of this subsection operate or previously conducted an operation in the United States within the five years preceding the date of application;(4) names under which the applicant's operator, the operator's partner, or a principal shareholder listed in (1) of this subsection operate or previously conducted an operation in the United States within the five years preceding the date of application; and(5) a complete organizational structure of each business entity, up to and including the ultimate parent entity, identified in (a)(1) of this section; for every listed business entity the applicant must also provide the required information for every president, chief executive officer, and director, or person in a similar position, and every person of record who owns 10 percent or more of the entity.(d) Each application must contain a list of any current or previous surface coal mining operation in the United States owned or controlled by an applicant, operator, partner, or principal shareholder listed in (c)(1) of this section, or any person identified in (c)(3) of this section within the five-year period preceding the date of submission of the application. For each operation the list must include (1) the permittee's and operator's name and address;(2) the permittee's and operator's taxpayer identification numbers;(3) the federal or state permit number and corresponding MSHA number;(4) the regulatory authority with jurisdiction over the permit; and(5) the permittee's and operator's relationship to the operation, including percentage of ownership and location in the organizational structure.(e) Each application must describe all land, interests in land, options, or pending bids on interests held or made by the applicant for land that is contiguous to the area to be covered by the permit.(f) Each application must contain(1) a statement of whether the applicant, operator, or any subsidiary, affiliate, or other entity owned or controlled by or under common control with the applicant or operator has, in the last five years preceding the date of the application, (A) had a federal or state coal mining permit suspended or revoked; or(B) forfeited a coal mining bond or similar security deposited in lieu of bond;(2) a statement of the facts involved in a suspension, revocation, or forfeiture listed under (1) of this subsection, including(A) the permit identification number, date of issuance of the permit, and amount of bond or similar security;(B) the date of suspension, revocation, or forfeiture;(C) the authority that suspended or revoked a permit or directed the forfeiture of a bond and the stated reasons for that action;(D) the current status of the permit, bond, or similar security involved and, when applicable, the amount of bond or similar security forfeited; and(E) the date, location, and type of any administrative or judicial proceeding initiated concerning the suspension, revocation, or forfeiture, and the current status of these proceedings; and(3) a list of all violations as required under AS 27.21.180(e); for each violation the application must include(A) the permit number and associated MSHA number;(B) the date of citation of the violation, identification number, identity of the issuing authority, and name of the person to whom the violation notice was issued;(C) a brief description of the particular alleged violation;(D) the date, location, and type of any administrative or judicial proceedings initiated concerning the violation;(E) the current status of the proceedings and of the violation notice;(F) if the abatement period for a violation in a notice of violation issued under 11 AAC 90.613 or 11 AAC 90.615, or other state or federal regulatory program equivalent, has not expired, certification that the violation is being abated or corrected to the satisfaction of the agency with jurisdiction over the violation; and(G) for a violation not covered under (F) of this paragraph, the action, if any, taken by the applicant to abate the violation.(g) An applicant must affirm, under oath and in writing, that the information provided in an application is accurate and complete. If an applicant previously applied for a permit, the applicant must update the permit application information based on the information in the applicant violator system. If(1) all or part of the information in the applicant violator system is accurate and complete, the applicant may certify to the commissioner by affirming, under oath and in writing, what the relevant information in the applicant violator system is and that this information is accurate, complete, and up to date;(2) part of the information in the applicant violator system is missing or incorrect, tire applicant must submit to the commissioner the necessary information or corrections and affirm, under oath and in writing, that the information the applicant submits is accurate and complete;(3) the applicant can neither certify that the data in the applicant violator system is accurate and complete nor make corrections, the applicant must include in the permit application the information required under this section.(h) The commissioner may establish a central file to house an applicant's identity information rather than place duplicate information in each of the applicant's permit application files. The commissioner will make the information available to the public upon request.(i) In this section, "violation notice" means a written notification from the commissioner or another governmental entity of a violation within the meaning given in 11 AAC 90.913.Eff. 5/2/83, Register 84; am 7/7/2022, Register 243, October 2022As of Register, 243 (October, 2022), this section is transferred from material adopted by reference in 11 AAC 90.001(a) to the Alaska Administrative Code (AAC) by repeal and readoption.
Authority:AS 27.21.030
AS 27.21.110