45.1-161.59 - Application for license.
§ 45.1-161.59. Application for license.
A. An application for a license shall be submitted by the person who will bethe operator of the mine. No application for a license or a renewal thereofshall be complete unless it contains the following:
1. Identity regarding the operator of the mine. If the operator is a soleproprietorship, the operator shall state: (i) his full name and address; (ii)the name and address of the mine and its federal mine identification number;(iii) the name and address of the person with overall responsibility foroperating decisions at the mine; (iv) the name and address of the person withoverall responsibility for health and safety at the mine; (v) the federalmine identification numbers of all other mines in which the sole proprietorhas a twenty percent or greater ownership interest; and (vi) the trade name,if any, and the full name, address of record and telephone number of theproprietorship. If the operator is a partnership, the operator shall state:(i) the name and address of the mine and its federal mine identificationnumber; (ii) the name and address of the person with overall responsibilityfor operating decisions at the mine; (iii) the name and address of the personwith overall responsibility for health and safety at the mine; (iv) thefederal mine identification numbers of all other mines in which thepartnership has a twenty percent or greater ownership interest; (v) the fullname and address of all partners; (vi) the trade name, if any, and the fullname and address of record and telephone number of the partnership; and (vii)the federal mine identification numbers of all other mines in which anypartner has a twenty percent or greater ownership interest. If the operatoris a corporation, the operator shall state: (i) the name and address of themine and its federal mine identification number; (ii) the name and address ofthe person with overall responsibility for operating decisions at the mine;(iii) the name and address of the person with overall responsibility forhealth and safety at the mine; (iv) the federal mine identification numbersof all other mines in which the corporation has a twenty percent or greaterownership interest; (v) the full name, address of record and telephone numberof the corporation and the state of incorporation; (vi) the full name andaddress of each officer and director of the corporation; (vii) if thecorporation is a subsidiary corporation, the operator shall state the fullname, address, and state of incorporation of the parent corporation; and(viii) the federal mine identification numbers of all other mines in whichany corporate officer has a twenty percent or greater ownership interest. Ifthe operator is any organization other than a sole proprietorship,partnership, or corporation, the operator shall state: (i) the nature andtype, or legal identity of the organization; (ii) the name and address of themine and its federal mine identification number; (iii) the name and addressof the person with overall responsibility for operating decisions at themine; (iv) the name and address of the person with overall responsibility forhealth and safety at the mine; (v) the federal mine identification numbers ofall other mines in which the organization has a twenty percent or greaterownership interest; (vi) the full name, address of record and telephonenumber of the organization; (vii) the name and address of each individual whohas an ownership interest in the organization; (viii) the name and address ofthe principal organization officials or members; and (ix) the federal mineidentification numbers of all other mines in which any official or member hasa twenty percent or greater ownership interest;
2. The names and addresses of any agent of the operator with responsibilityfor the business operation of the mine, and any person with an ownership orleasehold interest in the coal to be mined;
3. The names and addresses of persons to be contacted in the event of anaccident or other emergency at the mine;
4. Such information required by the Department that is relevant to anassessment of the safety and health risks likely to be associated with theoperation of the mine; and
5, 6. [Repealed.]
7. For any license renewal, the annual report required pursuant to §45.1-161.62. When no change has occurred to the information required bysubdivision 1, 2, or 3 of this subsection, the operator of the mine shallonly be required to certify that such information on the current licenseapplication is accurate and complete.
B. The application shall be certified as being complete and accurate by theapplicant, if an individual, by the agent of a corporate applicant, or by ageneral partner of an applicant that is a partnership. The application shallbe submitted on forms furnished or approved by the Department.
C. Within thirty days after the occurrence of any change in the informationrequired by subsection A, the operator shall notify the Department, inwriting, of such change.
(Code 1950, §§ 45-7, 45-12, 45-17.3, 45-68.4, 45-69, 45-73, 45-75, 45-78,45-79, 45-81, 45-83; 1950, p. 156; 1954, c. 191; 1958, c. 306; 1966, c. 594,§§ 45.1-21, 45.1-24; 1976, c. 598; 1978, cc. 222, 489; 1982, c. 255; 1984,cc. 178, 590; 1988, c. 577; 1993, cc. 171, 442; 1994, c. 28; 1996, c. 774;1997, c. 390; 1999, c. 256.)