Section 11-8-2.3-31-3138 - Post-Permit Issuance Requirements for Regulatory Authorities and Other Actions Based on Ownership, Control, and Violation Information(a) For the purposes of future permit eligibility determinations and enforcement actions, the Department must enter into AVS the data shown in the following table. | The Department must ensure entry into AVS of all: | within 30 days after: |
| (1) permit records | the permit is issued or subsequent changes are made |
| (2) unabated or uncorrected violations | the abatement or correction period for a violation expires |
| (3) changes to information initially required to be provided by an applicant under § 2305 | receiving notice of a change |
| (4) changes in violation status | abatement, correction, or termination of a violation, or a decision from an administrative or judicial tribunal |
(b) If, at any time, the Department discovers that any person owns or controls an operation with an unabated or uncorrected violation, the Department will determine whether enforcement action is appropriate under rules 65, 69, and 73 of these regulations. The Department must ensure entry of the results of each enforcement action, including administrative and judicial decisions, into AVS.(c) The Department must serve a preliminary finding of permanent permit ineligibility under § 510(c) of the federal Surface Mining Control and Reclamation Act on an applicant or operator if the criteria in paragraphs (c) (1) and (2) are met. In making a finding under this paragraph, the Department will only consider control relationships and violations which would make, or would have made, an applicant or operator ineligible for a permit under § 3102 (a) and (c). The Department must make a preliminary finding of permanent permit ineligibility if it finds that: (1) The applicant or operator controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations under § 510(c) of the federal Surface Mining Control and Reclamation Act: and(2) The violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate the applicant's or operator's intent not to comply with the Act, its implementing regulations, the regulatory program, or the permittee's permit.(d) The permittee may request a hearing on a preliminary finding of permanent permit ineligibility under Miss. Code Ann. § 53-9-77.(e) Entry into AVS. (1) If the applicant or operator does not request a hearing, and the time for seeking a hearing has expired, the Department will enter its finding into AVS.(2) If the applicant or operator does request a hearing, the Department will enter its finding into AVS only if that finding is upheld on administrative appeal.(f) At any time, the Department may identify any person who owns or controls an entire operation or any relevant portion or aspect thereof. If the Department identifies such a person, it must issue a written preliminary finding to the person and the applicant or permittee describing the nature and extent of ownership or control. The Department's written preliminary finding must be based on evidence sufficient to establish a prima facie case of ownership or control.(g) After the Department issues a written preliminary finding, under paragraph (f) of this section, the Department will allow the person subject to the preliminary finding 30 days in which to submit any information tending to demonstrate that person's lack of ownership or control. If, after reviewing any information that person submits, the Department is persuaded that person is not an owner or controller, it will serve that person a written notice to that effect. If, after reviewing any information that person submits, the Department still finds that person is an owner or controller, or if that person does not submit any information within the 30-day period, it will issue a written finding and enter its finding into AVS.(h) If the Department identifies a person as an owner or controller under paragraph (g) of this section, that person may challenge the finding using the provisions of §§ 3133, 3135 and 3136.11 Miss. Code. R. § 8-2.3-31-3138