Section 490-PP - Mining permit; duration; termination; revocation; transfer; amendment1.Duration of permit. A mining permit issued by the department remains in effect until terminated or revoked by the department. The duration of other permits issued for the mining operation must be provided for in those permits. The department shall conduct annual reviews of the mining operations and assess compliance with the permit terms. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]
2.Termination of permit. After public notice, the department may terminate or request surrender of a mining permit if: A. The permittee has not commenced construction of mining facilities or conducted mining activities covered by the mining permit within 4 years after the effective date of the mining permit; or [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]B. The permittee has satisfied the requirements of the environmental protection, reclamation and closure plan and completed final reclamation of the mining area and, if necessary, the affected area and requests the termination of the mining permit and the department determines all of the following: (1) The air, water or other natural resources are not polluted or impaired from the mining operation;(2) The permittee has otherwise fulfilled all conditions determined to be necessary by the department to protect the public health, safety and welfare and the environment; and(3) The requirements for the post-closure monitoring period have been satisfied. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).] [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]
3.Revocation of permit. The department may revoke a mining permit after public notice pursuant to section 490-TT. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]
4.Transfer of permit. After public notice and unless otherwise provided in this article, a mining permit may be transferred with prior written approval of the department in accordance with the provisions of this subsection. A. The person acquiring the mining permit shall submit to the department on forms provided by the department a request for transfer of the mining permit and shall provide the financial assurance required under section 490-RR. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]B. A person acquiring a mining permit must accept the conditions of the existing mining permit and adhere to the requirements set forth in this article. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]C. If a permittee is determined by the department to be in violation of this article or the rules adopted under this article at the mining site that is the subject of the transfer, the mining permit may not be transferred until the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]D. A transferee shall demonstrate to the department's satisfaction the technical and financial capacity and intent to: (1) Comply with all terms and conditions of the mining permit; and(2) Satisfy all applicable statutory and regulatory criteria, including, but not limited to, providing adequate evidence of the financial assurance required by section 490-RR. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).] [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]
5.Amendment of permit. After public notice, a mining permit may be amended in accordance with this subsection.A. A permittee may submit to the department a request to amend a mining permit to address anticipated changes in the mining operation, including, if applicable, amendments to the environmental impact assessment and to the environmental protection, reclamation and closure plan. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]B. The department may require a mining permit to be amended if the department determines that the terms and conditions of the mining permit are not providing reasonable protection of the environment, natural resources or public health and safety. [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).] [2011, c. 653, §23(NEW); 2011, c. 653, §33(AFF).]
Added by 2012, c. 653,§ 23, eff. 6/1/2014.