§ 77.128. Permit terms.
(a) A permit will be issued for the duration of the mining and reclamation operation except for the NPDES permit, which shall be renewed every 5 years.
(b) A permit will terminate if the permittee has not begun the noncoal mining activities covered by the permit within 5 years of the issuance of the permit, unless extended in accordance with this section. The Department may grant reasonable extensions of time for commencement of these activities upon receipt of a written statement showing that the extensions of time are necessary if litigation precludes the commencement or threatens substantial economic loss to the permittee or if there are conditions beyond the control and without the fault or negligence of the permittee. Requests for extensions shall be submitted to the Department prior to expiration of the permit. If a permit has not been activated within 5 years, the permittee may apply for a permit renewal that includes updated permit information as described in § 77.161 (relating to responsibilities).
(c) A permit renewal application shall be filed under § 77.143 (relating to permit renewals).
Source The provisions of this § 77.128 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1647; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial page (240721).
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