§ 773.17 - Permit conditions.

§ 773.17 What conditions must the regulatory authority place on each permit issued?

The regulatory authority must include the following conditions in each permit issued

Permit conditions.

Each permit issued by the regulatory authority shall be subject to the following conditions:

(a) You, the permittee, may The permittee shall conduct surface coal mining and reclamation operations only on those lands that are specifically designated as the permit area on the maps submitted with the application and authorized for the term of the permit and that are subject to the performance bond or other equivalent guarantee in effect pursuant to part 800 subchapter J of this chapter.

(b) You must The permittee shall conduct all surface coal mining and reclamation operations only as described in the approved application, except to the extent that the regulatory authority otherwise directs in the permit.

(c) You must The permittee shall comply with the terms and conditions of the permit, all applicable requirements performance standards of the Act, and the requirements of the regulatory program.

(d) Without advance notice, delay, or a search warrant, upon presentation of appropriate credentials, you must the permittee shall allow the authorized representatives of the Secretary and the State regulatory authority to -

(1) Have the right of entry provided for in §§ 842.13 and 840.12 of this chapter; and

(2) Be accompanied by private persons for the purpose of conducting an inspection in accordance with parts 840 and 842 of this chapter, when the inspection is in response to an alleged violation reported to the regulatory authority by the private person.

(e) You must The permittee shall take all possible steps to minimize any adverse impact to the environment or public health and safety resulting from noncompliance with any term or condition of or the permit, including, but not limited to -

(1) Any accelerated or additional monitoring necessary to determine the nature and extent of noncompliance and the results of the noncompliance. ;

(2) Immediate implementation of measures necessary to comply. ; and

(3) Warning, as soon as possible after learning of such noncompliance, any person whose health and safety is in imminent danger due to the noncompliance.

(

4) Notifying the regulatory authority and other appropriate state and federal regulatory agencies whenever conditions within the permit area result in an imminent danger to the health or safety of the public or cause or can reasonably be expected to cause significant, imminent environmental harm to land, air, or water resources, regardless of whether a noncompliance exists.

(f) As applicable, you must the permittee shall comply with § 701.11(d) and subchapter B or K of this chapter for compliance, modification, or abandonment of existing structures.

(g) You or the The operator must shall pay all reclamation fees required by subchapter R of this chapter for coal produced under the permit for sale, transfer , or use, in the manner required by that subchapter.

(h) You must obtain all necessary authorizations, certifications, and permits in accordance with other applicable federal, state, and tribal laws before conducting any activities that require authorization, certification, or a permit under those laws.

(i) You must comply with all effluent limitations and conditions in any National Pollutant Discharge Elimination System permit issued for your operation by the appropriate authority under the Clean Water Act, 33 U.S.C. 1251 et seq.

[[48 FR 44391, Sept. 28, 1983, as amended at 49 FR 27499, July 5, 1984; 54 FR 8991, Mar. 2, 1989; 62 FR 19459, Apr. 21, 1997; 65 FR 79663, Dec. 19, 2000; 81 FR 93324, Dec. 20, 2016; 82 FR 54937, Nov. 17, 2017]