RE: question? / Hope This Helps ....DIVISION OF MINED LAND RECLAMATION PROCEDURE NO. 2.2.05
PROCEDURES MANUAL ISSUE DATE August 18, 2003
SUBJECT Applicant Violator System (AVS) & Section AVS
Ownership/Control Last Revised 8-18-00
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OBJECTIVE AND INTENT:
To ensure the DMLR’s permit and revision application review and onsite investigations
adequately identify permit applicants and operators who are eligible to conduct coal surface
mining and reclamation operations in Virginia.
Operator - means any person engaged in coal mining that removes or intends to remove more
than 250 tons of coal from the earth or from coal refuse piles by mining within 12 consecutive
calendar months in any one location.
Permittee - means a person holding a permit issued by the Director for coal surface mining
pursuant to §45.1-234, for coal exploration pursuant to § 45.1-233, or for an NPDES permit
pursuant to §45.1-254.
Ownership and Control of Coal Mining Operations - Owned and/or Controlled or Owns
and/or Controls - includes, but is not limited to:
???the permittee of the mining operation.
???the person owning a controlling interest (greater than 50 percent) of the particular
operation through voting shares or based on instrument of ownership.
???any other business relationship which allows the person to directly or indirectly
determine the manner in which an entity conducts coal surface mining operations.
In examining the business relationship, DMLR will consider informal agreements,
personal relationships, and the mining history of the parties involved. A determination
that the relationship results in control of the mining operation, should show that the
person has:
???actually financed the operation;
???owns the mining equipment;
???owns the right to the coal;
???directs onsite operations;
???has a family relationship with one or more principals of the venture;
???has a contract or other business relationship with the employee(s) of the
operation, or
???is otherwise the alter ego1 of the permittee/violator.
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