§ 86.55. Permit renewals: general requirements.
(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.
Authority The provisions of this § 86.55 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 86.55 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198803) to (198804).
Cross References This section cited in 25 Pa. Code § 86.31 (relating to public notices of filing of permit applications); 25 Pa. Code § 87.203 (relating to applicability); and 25 Pa. Code § 88.503 (relating to applicability); 25 Pa. Code § 90.303 (relating to applicability).
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