Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 3 - PERMITS › Section 096-200-3-15 - Transfer of Permit

Current through 2024-29, July 17, 2024
No permit issued pursuant to the Act and these rules may be
					 transferred without prior written approval of the Department. Prior to the
					 transfer of a mining permit to another person, the acquiring person, the
					 Transferee, shall submit to the Department a request for the transfer of the
					 mining permit.
A. A Transferee shall
				  submit to the Department a request for the transfer of the mining permit on a
				  form provided by the Department.
B.
				  A Transferee shall provide the following to the Department as part of the
				  request:
(1) Evidence of title, right, or
				  interest in all of the property that is proposed for development or
				  use;
(2) An update to the
				  contingency plan;
(3) A
				  demonstration of financial capacity and technical ability;
(4) A summary of the Transferee's and its
				  responsible officers' and related corporations' record of compliance with
				  environmental and land use laws and financial requirements of Maine and other
				  jurisdictions, as follows:
(a) Criminal
				  Convictions. A listing and explanation of any criminal convictions of the
				  State, other states, the United States, or another country of the persons
				  required to disclose under this section;
(b) Civil Violations. A listing and
				  explanation of any adjudicated civil violations of environmental laws or rules
				  administered by the State, other states, the United States, or another country
				  by any of the persons required to disclose under this section in the 10 years
				  immediately preceding the filing of the application;
(c) Consent Decrees and Administrative Orders
				  or Agreements. A listing and explanation of administrative agreements or
				  consent decrees entered into by, or administrative orders directed at, any of
				  the persons required to disclose under this section for violations of
				  environmental laws administered by the Department, the State, other states, the
				  United States or another country in the 10 years immediately preceding the
				  filing of the application; and
(d)
				  Other Proceedings. A listing and explanation of any ongoing court proceeding,
				  administrative consent agreement negotiation, or similar ongoing administrative
				  enforcement action not already provided in which the Applicant or any of the
				  persons required to disclose under this section is a party and which concerns
				  environmental laws administered by the Department or the State.
The Department may require the Applicant to update the list
					 set forth in this subsection subsequent to the filing of the request to
					 transfer a mining permit;
(5) An update to the financial assurance
				  plan;
(6) Documentation stipulating
				  acceptance of all aspects of the mining permit and a commitment to adhere to
				  the requirements of this Chapter and the Act;
(7) Any proposed changes to the mining
				  operation plan or the mine plan;
(8) Transfer fee; and
(9) The Transferee shall complete the public
				  notice requirements specified in subsection
				  10(E) of this
				  Chapter.