25 Pa. Code § 77.144. Transfer of permit.

§ 77.144. 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, without transfer, if there is no change in legal entity, including name changes that result from conversions of a corporate entity.
(c)  The Department may approve the transfer of a permit to another operator if the successor operator:
   (1)  Meets the requirements of §  77.126(a)(6)—(9) (relating to criteria for permit approval or denial).
   (2)  Assumes liability for reclamation, water pollution, planting and other responsibilities under the law, rules and regulations and the terms and conditions of the permit from the date of original issuance of the permit.
   (3)  Furnishes the Department with an appropriate bond in the amount specified by the Department under Subchapter D (relating to bonding and insurance requirements).
   (4)  Submits proof of publication as required by §  77.121 (relating to public notices of filing of permit applications) with the exception of permits issued under §  77.108 (relating to permits for small noncoal operations).
   (5)  Submits additional information to enable the Department to determine that the applicant is able to operate the mine in a manner complying with the environmental acts.

Source

   The provisions of this §  77.144 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; corrected February 13, 1998, effective January 31, 1998, 28 Pa.B. 801; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (240725) to (240726).

Cross References

   This section cited in 25 Pa. Code §  77.230 (relating to transfer of permits).

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