25 Pa. Code § 86.56 - Transfer of permit
(a) A transfer,
assignment or sale of the rights granted under a permit may not be made except
as provided in this section.
(b)
Permits may be reissued in a new name provided that no change of ownership is
involved.
(c) The Department may
allow a permittee to transfer a permit to another operator if the successor
operator:
(1) Is not in violation of the acts,
the regulations adopted thereunder or the terms and conditions of permits
issued thereunder.
(2) Assumes the
liability for reclamation, water pollution, planting and other responsibilities
under the law, the rules and regulations and the terms and conditions of the
permits from the date of original issuance of the permits.
(3) Has submitted an entirely new
application, supporting documentation and complied with public notice
requirements of this chapter; or if the successor operator does not wish to
submit an entirely new application, the Department will accept an application
which incorporates the original application submittals. In such a case the
successor operator shall expressly agree to abide by permit conditions, comply
with the public participation requirements of this chapter, assume the
responsibility for violations which may occur on the area previously affected,
and shall furnish the Department with the following:
(i) The identity of the applicant as required
in §
86.62 (relating to identification
of interests), and the compliance information as required in §
86.63 (relating to compliance
information).
(ii) A property map
showing the extent to which the mining has been completed under the existing
permit.
(iii) The name and address
of the existing permittee.
(iv)
Appropriate bond in the amount specified by the Department in accordance with
Subchapter F (relating to bonding and insurance requirements).
(v) Proof of public notice as required by
§
86.31 (relating to public notices
of filing of permit applications).
(vi) Additional information that will enable
the Department to determine that the applicant is able to operate the mine in
such a manner as to prevent pollution to waters of this
Commonwealth.
Notes
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