Library of COALEX Research Reports

COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).

COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.

Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.

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COALEX STATE INQUIRY REPORT - 41
April 12, 1985

Brian Zima
Assistant Attorney General
Division of Reclamation
Fountain Square, Bldg. B-3
Columbus, Ohio 43224

TOPIC: SECTION 510(c): OWNED OR CONTROLLED BY

INQUIRY: What is the legislative history of the language "operation owned or controlled by the applicant", found in Sec. 510(c) of the Act?

SEARCH RESULTS: The language "operation owned or controlled by the applicant" was included in every major bill considered in both the House and the Senate from the 93rd Congress forward. House bill 11500, for example, required the applicant to file a schedule of violations incurred during the one-year period prior to the date of application, and provided that:

"Where the schedule or other information available to the regulatory authority indicates that any coal surface mining operation owned or controlled by the applicant is currently in violation of this Act or such other laws referred to in this subsection, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the regulatory authority, department, or agency which has jurisdiction over such violation."

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Similar language was included in S. 425 in the 93rd Congress; H.R. 25, H.R. 9725, H.R. 13950, and S. 7 in the 94th Congress; and H.R. 2 and S. 7 in the 95th Congress.

Two changes were made in the language of Section 510(c ) during its legislative development, unrelated to the phrase "operation owned or controlled by". First, the period of time covered by the required schedule of violations was expanded from one-year to three-years. Second, provisions were added prohibiting the issuance of permits to companies with a pattern of willful violations. Both changes were made during conference on H.R. 2 in the 95th Congress.

A review of the Congressional Record, Hearing Reports, and Committee Reports did not indicate further explanation of the phrase "operation owned or controlled by". Typical of the discussion was that contained in H. Rep. No. 95-218, 95th Congress, 1st Sess, at 92 (1977). That report simply reiterated that the regulatory authority must determine that "any operation under the applicant's ownership or control currently in violation of the Act or of other Federal air or water protection statutes is in the process of being corrected in a satisfactory manner to the respective regulatory agency." (See also similar discussion in H. Rep. No. 94-45, 94th Cong., 1st Sess., at 89 (1975); and H. Rep. No. 93-1072, 93rd Cong., 2d Sess., at 82 (1974))

ATTACHMENTS

1. Excerpts from H. Rep. No. 95-218, 95th Cong., 1st Sess., H.R. 2 (APRIL 22, 1977).
2. Excerpts from H. Rep. No. 94-95, 94th Cong., 1st Sess., H.R. 25, (MARCH 6, 1975).
3. Excerpts from H. Rep. No. 93-1072, 93rd Cong., 2d Sess., H.R. 11500 (May 30, 1974).
4. Excerpts from H.R. 11500, 93rd Cong., 2d Sess. (May 30, 1974).
5. Excerpts from S. 425, 93rd Cong., 2d Sess. (December 5, 1974).
6. Excerpts from H.R. 25, 94th Cong., 1st Sess. (January 14, 1975).
7. Excerpts from H.R. 2, 95th Cong., 1st Sess. (January 4, 1977).
8. Excerpts from S. 7, 95th Cong., 1st Sess. (January 10, 1977).
9. Excerpts from H.R. 2, 95th Cong., 1st Sess. (July 12, 1977).

Research conducted by: Betty S. Chambers and Terri H. Petruska

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