Md. Code Regs. 26.20.07.04

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.07.04 - Transfer, Assignment, or Sale of Permit Rights

A. A person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit issued under the Regulatory Program, and before the date of the transfer, assignment, or sale, shall:

(1) Obtain performance bond coverage by methods that would provide that reclamation of all areas affected by the original permittee is assured under bonding coverage at least equal to that of the original permittee; and

(2) Provide the Bureau with an application for approval of the proposed transfer, assignment, or sale, including:

(a) The name and address of the existing permittee,

(b) The name and address of the person proposing to succeed by the transfer, assignment, or sale, and the name and address of that person's resident agent,

(c) A brief description of the proposed action requiring approval, and

(d) The same information as is required under COMAR 26.20.02.03 a A-----Q for applications for new permits.

B. The person applying for approval of the transfer, assignment, or sale of rights granted by a permit shall advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent.

C. Any person whose interests are or may be adversely affected, including but not limited to the head of any local, State or federal government agency, may submit written comments on the application to the Bureau, within 30 days of the date of advertisement.

D. The Bureau may grant written approval for the transfer, sale, or assignment of rights under a permit, if it first finds, in writing, that:

(1) The applicant is eligible to receive a permit in accordance with COMAR 26.20.04.10 a B and C and 26.20.05.01 a;

(2) The applicant will conduct the operations covered by the permit in accordance with the Regulatory Program, and in full compliance with the terms and conditions of the original permit; and

(3) The applicant has submitted a performance bond or other guarantee at least equal to that of the original permittee.

E. A successor in interest to a permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee.

F. The Bureau shall notify the transferor, the transferee, commenters, and the federal Office of Surface Mining of its findings and decision.

G. The transferee shall immediately notify the Bureau of the consummation of the assignment or sale of permit rights.

Md. Code Regs. 26.20.07.04

Regulations .04 were previously codified as COMAR 08.13.09.08 a A_D, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.