§ 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.
Source The provisions of this § 86.56 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.
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); 25 Pa. Code § 88.503 (relating to applicability); and 25 Pa. Code § 90.303 (relating to applicability).
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