Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 77.143 - Permit renewals

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
NPDES permit renewals.
An application for renewal of an NPDES
						  permit shall be filed with the Department at least 180 days before the
						  expiration date of the NPDES permit in question. A renewal application shall be
						  filed in the format required by the Department.
(b)
Mine permit renewals-general
						  requirements.
(1) 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.
(2) A 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 under §
														77.141(e) and (f)
						  (relating to permit revisions). 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.
(3) A complete application 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.
						  A renewal application shall be filed in the format required by the
						  Department.
(4) An application for
						  renewal is subject to the requirements of public notification and participation
						  of 77.121 (relating to public notices
						  of filing of permit applications).
(5) A permit renewal shall be for a term not
						  to exceed the period of the original permit.
(6) Unless the Department finds that the
						  permit should not be renewed under paragraph (7), it will issue a permit
						  renewal after finding that the requirements of this chapter and the
						  requirements of public participation and notification are satisfied.
(7) A permit will not be renewed if the
						  Department finds that one of the following applies:
(i) The requested renewal substantially
						  jeopardizes the operator's continuing ability to comply with the act, the
						  environmental acts, this title and the regulatory program on existing permit
						  areas.
(ii) 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 additional bond the Department might require.
(iii) Additional revised or updated
						  information required by the Department has not been provided by the
						  applicant.
(8) The
						  Department will notify the applicant, persons who filed objections or comments
						  to the renewal and persons who were parties to an informal conference held on
						  the permit renewal of the Department-s decision.