§ 774.15 - Permit renewals.

§ 774.15 How may I renew a permit?Permit renewals.

(a) Right of renewalGeneral. A valid permit, issued pursuant to an approved regulatory program, carries shall carry with it the right of successive renewal, within the approved boundaries of the existing permit, upon expiration of the term of the permit.

(b) Application requirements and procedures.

(1) You, the permittee, must file an An application for renewal of a permit shall be filed with the regulatory authority at least 120 days before expiration of the existing permit term.

(2) You must file the An application for renewal of a permit shall be in the form required by the regulatory authority . At and shall include at a minimum , your application must include the following information -

(i) Your The name and address .

(ii) The

of the permittee, the term of the renewal requested

. (iii) The

, and the permit number or other identifier

.

;

(

iv

ii) Evidence that a liability insurance policy

for the operation will continue in full force and effect during the proposed renewal term

or

that you will have

adequate self-insurance under § 800.60 of this chapter will be provided by the applicant for the proposed

term

period of renewal

.

;

(

v

iii) Evidence that the performance bond in effect for the

permit

operation will continue in full force and effect for

the proposed term of renewal. (vi

any renewal requested, as well as any additional bond required by the regulatory authorities pursuant to subchapter J of this chapter;

(iv) A copy of the proposed newspaper notice and proof of publication of same, as required by § 778.21 of this chapter

.

; and

(

vii

v) Additional revised or updated information required by the regulatory authority.

(3) Applications for renewal are shall be subject to the requirements of public notification and public participation requirements contained in §§ 773.6 and 773.19(b) of this chapter.

(4) If an application for renewal includes any proposed revisions to the permit, those such revisions must shall be identified and processed in accordance with subject to the requirements of § 774.13 of this part.

(c) Approval process -

(1) Criteria for approval. The regulatory authority must shall approve a complete and accurate application for permit renewal, unless it finds, in writing that -

(i) The terms and conditions of the existing permit are not being satisfactorily met. ;

(ii) The present surface coal mining and reclamation operations are not in compliance with the environmental protection standards of the Act and the regulatory program. The permit eligibility standards in §§ 773.12 through 773.14 of this chapter apply to this determination. ;

(iii) The requested renewal substantially jeopardizes your the operator's continuing ability to comply with the Act and the regulatory program on existing permit areas. ;

(iv) You have The operator has not provided evidence of having continuing liability insurance or self-insurance coverage as required under in § 800.60 of this chapter. ;

(v) You have The operator has not provided evidence that any performance bond required to be in effect for the operation will continue in full force and effect for the proposed term period of renewal.

(vi) You have not posted

, as well as any additional bond

required by

the regulatory authority

under part 800

might require pursuant to subchapter J of this chapter

.

; or

(

vii) You have not provided any additional

vi) Additional revised or updated information required by the regulatory authority has not been provided by the applicant.

(2) Burden of proof. In the determination of whether to approve or deny an application for a renewal of a permit, the burden of proof is shall be on the opponents of renewal.

(3) Alluvial valley floor variance. Areas previously identified in the reclamation plan for the original permit as exempt from the standards in paragraphs ( If the surface coal mining and reclamation operation authorized by the original permit was not subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and § 785.19 of this chapter, because the permittee complied with the exceptions in the proviso to section 510(b)(5) of the Act and , the requirements of paragraphs (c) through (e) of portion of the application for renewal of the permit that addresses new land areas previously identified in the reclamation plan for the original permit shall not be subject to the standards contained in sections 510(b)(5) (A) and (B) of the Act and § 785.19 of this chapter will retain their exempt status for the term of the renewal.

(d) Renewal term. The term for any Any permit renewal must shall be for a term not to exceed the period of the original permit term established under § 773.19(c) of this chapter.

(e) Notice of decision. The regulatory authority must shall send copies of its decision to the applicant, to each person who filed comments or objections on the renewal, to each party to any informal conference held on the permit renewal, and to OSMRE OSM if OSMRE OSM is not the regulatory authority.

(f) Administrative and judicial review. Any person having an interest which is or may be adversely affected by the decision of the regulatory authority has shall have the right to administrative and judicial review under set forth in part 775 of this chapter.

[48 FR 44395, Sept. 28, 1983, as amended at 79668, Dec. 19, 2000; 81 FR 93326, Dec. 20, 2016; 82 FR 54944, Nov. 17, 2017]