Ga. Comp. R. & Regs. R. 391-3-3-.02 - Permits

(1) General Requirement. Prior to commencing any surface mining operation, a mining operator shall be required to obtain from the Director a permit to conduct such surface mining operation.

(2) Application for PermitThe application for a permit shall be made on forms supplied by the Director, and shall be signed by the applicant. The application shall contain the name of the Applicant; certification that the Mining Operator is the rightful owner or holds a valid lease or option to purchase or lease the affected lands which, at a minimum, extends two years beyond the final reclamation date shown in the Mining Land Use Plan; a certification that the information provided in or submitted by the mining operator as part of the Application and Mining Land Use Plan is true and correct, and the Mining Operator agrees to comply with provisions of the Mining Land Use Plan, provisions of the Act and Rules, and conditions of the permit; a statement granting to the Environmental Protection Division or any authorized representative of the Director the right of entry and travel upon affected lands; and such other information as is required by the Director. Such application shall be filed with the Director well in advance of the date on which the mining operator desires to commence mining, so that adequate time will be available to the Director to review the application and accompanying documents. Said application shall be accompanied by a Mining Land Use Plan, which shall be prepared in accordance with the provisions of the Act and these rules and regulations.

(3) Issuance of Permit. A permit will be issued by the Director on evidence satisfactory to the Director of compliance with the provisions of the Act and these rules and regulations. No such permit will be issued until a mining operator files with the Division the appropriate performance bond, government securities, irrevocable letter of credit, cash or any combination thereof, unless said mining operator has been exempted from this requirement by the Director in accordance with the Act and these rules and regulations. A permit, once issued, shall be valid from the date of issuance until the completion of mining, unless otherwise revoked pursuant to the Act and these rules and regulations. Such permit shall be conditioned upon the permittee's compliance with the approved Mining Land Use Plan.

(4) Revocation of Permit. If a mining operator fails to comply with the Mining Land Use Plan, the Division will notify said operator in writing of the specific items of noncompliance and request that corrections be made. If the mining operator thereafter fails to comply within a reasonable time, the Director may revoke said mining operator's permit in accordance with the Act, as amended. The decision to revoke a permit is left to the discretion of the Director and will be based on violation of the Act, Rules, permit conditions, or Mining Land Use Plan. Mining by a permitted operator on an unauthorized site (lands not permitted) while holding other valid permits shall constitute prima facie evidence of violation of an approved Mining Land Use Plan and all permits that an operator holds may be suspended or revoked.

(5) Transferability of Permit. A permit, once issued, is not transferable from one mining operator to another. Whenever the legal ownership of a mining operation changes, the new owner may continue such operation provided that, within 60 days of such change in ownership, the new operator files with the Director an approveable application, Mining Land Use Plan, and appropriate bonding. In such cases of change in ownership, the original owner shall be held responsible for lands affected by the operation unless written proof of the assumption of responsibility by the new owner, satisfactory to the Director, is filed with the Division.

(6) Exemption. Tunnels, shafts and dimension stone quarries are by law exempted from the provision of the Act.

Notes

Ga. Comp. R. & Regs. R. 391-3-3-.02

Ga. L. 1968, p. 9, et seq., as amended, specifically by Ga. L. 1976, p. 527; Ga. L. 1972, p. 1015, as amended; p. 1098 et seq., as amended.

Original Rule was filed on September 6, 1973; effective September 26, 1973. Amended: Filed October 23, 1974; effective November 12, 1974. Amended: Original Rule entitled "Licensing" repealed and a new Rule entitled "Permits" adopted. Filed July 19, 1976; effective August 8, 1976. Amended: F. Jul. 23, 1992; eff. Aug. 12, 1992.