(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).
(h) The Department will send copies of its
decision to the applicant, persons who filed objections or comments to the
renewal and to persons who were parties to an informal conference held on the
permit renewal.
(i) If coal
extraction, coal preparation and coal refuse disposal will not be conducted,
and treatment facilities are not required after the permit expiration date, and
if the remaining surface mining activities will consist solely of reclamation,
including topsoil replacement and revegetation, the permittee may provide
written notice to the Department of the reclamation in lieu of submitting a
complete application for renewal and providing the public notice as required by
this section. In these circumstances, the Department may renew the permit
conditioned upon only reclamation activities occurring and no further coal
extraction, coal preparation and coal refuse disposal occurring. Once the
permit has been renewed and conditioned upon only reclamation activities
occurring, if the permittee wishes to resume coal extraction, coal preparation
or coal refuse disposal, a new permit shall be obtained.
(j) If a permittee who has submitted a
written notice in accordance with subsection (i) determines prior to the permit
expiration date that coal extraction, coal preparation or coal refuse disposal
will occur or treatment facilities will be required after the permit expiration
date, a renewal application shall be submitted to and approved by the
Department prior to coal extraction, coal preparation or coal refuse disposal
or land excavation for purposes of coal extraction, coal preparation or coal
refuse disposal after the permit expiration date.