Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.55 - Permit renewals: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A valid, existing permit issued by the
						  Department will carry with it the presumption of successive renewals upon
						  expiration of the term of the permit. Successive renewals will be available
						  only for areas which were specifically approved by the Department on the
						  application for the existing permit.
(b) Permit renewal will not be available for
						  extending the acreage of the operation beyond the boundaries of the permit area
						  approved under the existing permit. Addition of acreage to the operation will
						  be considered a new application. A request for permit revision may accompany a
						  request for renewal and shall be supported with the information required for
						  application as described in this chapter.
(c) Complete applications for renewal of a
						  permit as established in this chapter shall be filed with the Department at
						  least 180 days before the expiration date of the particular permit in question.
						  Renewal applications shall be filed in the format required by the Department.
						  If the permittee provides a written notice to the Department under subsection
						  (i), the notice shall be filed with the Department at least 180 days before the
						  expiration date of the permit.
(d)
						  Applications for renewal shall be subject to the requirements of public
						  notification and participation of §
													86.31 (relating to public notices
						  of filing of permit applications), the ownership and control information of
						  §
													86.62 (relating to identification
						  of interests) and submission of a compliance history under §
													86.63 (relating to compliance
						  information). If there are no changes, updates or corrections to the
						  information required under §§
													86.62 and
						  86.63, the operator need only
						  submit a statement indicating that no change has occurred in the information
						  previously submitted.
(e) Permit
						  renewal shall be for a term not to exceed the period of the original
						  permit.
(f) Unless the Department
						  finds that the permit should not be renewed under subsection (g), it will issue
						  a permit renewal after finding that the requirements of this chapter and that
						  requirements of public participation and notification are satisfied.
(g) A permit will not be renewed if the
						  Department finds one of the following:
(1) The
						  terms and conditions of the existing permit are not being satisfactorily
						  met.
(2) The present mining
						  activities are not in compliance with the environmental protection standards of
						  the Department.
(3) The requested
						  renewal substantially jeopardizes the operator's continuing ability to comply
						  with the acts, this title and the regulatory program on existing permit
						  areas.
(4) The operator has failed
						  to provide evidence that a bond required to be in effect for the activities
						  will continue in full force and effect for the proposed period of renewal, as
						  well as an additional bond the Department might require.
(5) Revised or updated information required
						  by the Department has not been provided by the applicant.
(6) The permittee has failed to provide
						  evidence of having liability insurance as required by §
														86.168 (relating to terms and
						  conditions for liability insurance).