Subchapter B. SURFACE MINING OPERATOR’S
LICENSE

Sec.

77.41.    [Reserved].
77.42.    [Reserved].
77.51.    License requirement.
77.52.    Informal hearing.
77.53.    Suspension and revocation.
77.54.    Fees.
77.55.    [Reserved].
77.56.    [Reserved].
77.57.    [Reserved].
77.61.    [Reserved].
77.62.    [Reserved].
77.63.    [Reserved].
77.64.    [Reserved].
77.65.    [Reserved].
77.66.    [Reserved].
77.67.    [Reserved].
77.71.    [Reserved].
77.72.    [Reserved].
77.81.    [Reserved].
77.82.    [Reserved].
77.83.    [Reserved].
77.84.    [Reserved].
77.85.    [Reserved].
77.86.    [Reserved].
77.91.    [Reserved].
77.92.    [Reserved].

Cross References

   This subchapter cited in 25 Pa. Code §  77.108 (relating to permit for small noncoal operations); 25 Pa. Code §  77.110 (relating to permit waiver—oil and gas well site development); 25 Pa. Code §  77.111 (relating to permit waiver—solid waste sites); and 25 Pa. Code §  77.227 (relating to payment in lieu of bond (PILB)).

§ 77.41. [Reserved].

Source

   The provisions of this §  77.41 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62363).

§ 77.42. [Reserved].

Source

   The provisions of this §  77.42 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62363).

§ 77.51. License requirement.

 (a)  Operator’s license required. A person who conducts noncoal surface mining as an operator within this Commonwealth shall first obtain a noncoal surface mining operator’s license from the Department.

 (b)  Noncoal surface mining operator’s license application. Application for license shall be made in writing on forms prepared and furnished by the Department and contain information pertaining to:

   (1)  Identification of ownership.

   (2)  Public liability insurance when required by section 5(e) of the act (52 P.S. §  3305(e)).

   (3)  Compliance information.

 (c)  Identification of ownership. The application shall indicate whether the applicant is a corporation, partnership, single proprietorship, association, or other business entity. For business entities other than single proprietorships, the application shall contain the following information if applicable:

   (1)  The name and address of the applicant, including partners, associates, officers, directors, Limited Liability Company members, Limited Liability Company managers, parent or subsidiary corporations.

   (2)  The names under which an applicant listed in paragraph (1) previously operated a mining operation in this Commonwealth within 5 years preceding the date of application.

 (d)  Public liability insurance. When required by section 5(e) of the act, the applicant shall provide a certificate of insurance for the term of the license covering surface mining activities of the applicant in this Commonwealth under §  77.231 (relating to terms and conditions for liability insurance).

 (e)  Refusal to issue or renew license. The Department will not issue a noncoal surface mining operator’s license or renew or amend a license if it finds, after investigation and an opportunity for informal hearing, that a person, partner, associate, officer, director, Limited Liability Company member, Limited Liability Company manager, parent corporation or subsidiary corporation has been subject to a bond forfeiture under the act and environmental acts or has failed to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree under the act and environmental acts. The Department will not renew a license for an operator who uses the provisions for payment in lieu of bond unless the operator submits his annual payment with the license renewal application. A person who opposes the Department’s decision on issuance or renewal of a license has the burden of proof.

 (f)  License renewal requirements.

   (1)  A person licensed as a noncoal surface mining operator shall renew the license annually according to the schedule established by the Department.

   (2)  Notice of license renewal and filing of an application for license renewal shall conform to the following:

     (i)   The application for renewal shall be made at least 60 days before the current license expires.

     (ii)   If the Department does not intend to renew a license, the Department will notify the licensee, a minimum of 60 days prior to expiration of the license. This section does not prevent the Department from not renewing the license for violations occurring or continuing within this 60-day period if the Department provides an opportunity for an informal hearing.

Authority

   The provisions of this §  77.51 amended under section 7(a) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §  3307(a)).

Source

   The provisions of this §  77.51 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended October 12, 2013, effective October 13, 2013, 42 Pa.B. 6536; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (363937) to (363938).

Cross References

   This section cited in 25 Pa. Code §  77.53 (relating to suspension and revocation).

§ 77.52. Informal hearing.

 (a)  Prior to the final action of not issuing, renewing or amending a license, the Department will notify the applicant in writing of the intention not to issue, renew or amend the license, and of the opportunity to an informal hearing.

 (b)  If the applicant chooses to request an informal hearing, the applicant shall, within 15 days of receipt of notice under subsection (a), request in writing that the Department hold an informal hearing to provide the applicant with an opportunity to discuss informally the Department’s intention not to issue or renew the license.

 (c)  If the applicant chooses to request an informal hearing under this section, the license shall remain in effect until the Department has made its decision after the informal hearing.

Source

   The provisions of this §  77.52 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62364).

§ 77.53. Suspension and revocation.

 (a)  The Department may suspend or revoke a license for a reason listed in §  77.51(e) (relating to license requirement).

 (b)  If the Department intends to revoke or suspend a license, it will provide an opportunity for an informal hearing before suspending or revoking the license. The Department will notify the licensee of its intent to revoke or suspend a license and of the opportunity for an informal hearing at least 15 days prior to revoking or suspending the license unless the Department determines that a shorter period is in the public interest.

Source

   The provisions of this §  77.53 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (198664).

§ 77.54. Fees.

 Unless otherwise established by the act, the following license fees apply:

   (1)  The initial and annual license renewal fee for persons mining 2,000 tons (1,814 metric tons) or less of marketable noncoal minerals is $50.

   (2)  The initial application fee for persons mining more than 2,000 marketable tons of noncoal minerals per year is $500, and the annual renewal license fee is $300.

Source

   The provisions of this §  77.54 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (198664).

§ 77.55. [Reserved].

Source

   The provisions of this §  77.55 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62366).

§ 77.56. [Reserved].

Source

   The provisions of this §  77.56 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62366).

§ 77.57. [Reserved].

Source

   The provisions of this §  77.57 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62367).

§ 77.61. [Reserved].

Source

   The provisions of this §  77.61 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62367).

§ 77.62. [Reserved].

Source

   The provisions of this §  77.62 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62367).

§ 77.63. [Reserved].

Source

   The provisions of this §  77.63 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial pages (62367) to (62368).

§ 77.64. [Reserved].

Source

   The provisions of this §  77.64 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62368).

§ 77.65. [Reserved].

Source

   The provisions of this §  77.65 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62368).

§ 77.66. [Reserved].

Source

   The provisions of this §  77.66 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial pages (62368) to (62369).

§ 77.67. [Reserved].

Source

   The provisions of this §  77.67 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62369).

§ 77.71. [Reserved].

Source

   The provisions of this §  77.71 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial pages (62369) to (62370).

§ 77.72. [Reserved].

Source

   The provisions of this §  77.72 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial pages (62370) to (62371).

§ 77.81. [Reserved].

Source

   The provisions of this §  77.81 adopted December 25, 1971, effective January 1, 1972, 1 Pa.B. 2344; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (71979).

§ 77.82. [Reserved].

Source

   The provisions of this §  77.82 adopted December 25, 1971, effective August 21, 1972, 1 Pa.B. 2344; amended December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial pages (71979) to (71980).

§ 77.83. [Reserved].

Source

   The provisions of this §  77.83 adopted December 25, 1971, effective January 1, 1972, 1 Pa.B. 2344; amended December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (71980).

§ 77.84. [Reserved].

Source

   The provisions of this §  77.84 adopted December 25, 1971, effective January 1, 1972, 1 Pa.B. 2344; amended December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial pages (71980) and (75513).

§ 77.85. [Reserved].

Source

   The provisions of this §  77.85 adopted December 25, 1971, effective January 1, 1972, 1 Pa.B. 2344; amended December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (75513).

§ 77.86. [Reserved].

Source

   The provisions of this §  77.86 adopted December 25, 1971, effective January 1, 1972, 1 Pa.B. 2344; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial pages (75513) to (75514).

§ 77.91. [Reserved].

Source

   The provisions of this §  77.91 adopted August 25, 1972, effective August 26, 1972, 2 Pa.B. 1607; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1981, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (62374).

§ 77.92. [Reserved].

Source

   The provisions of this §  77.92 adopted August 25, 1972, effective August 26, 1972, 2 Pa.B. 1607; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1981, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial pages (62375) to (62379).

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