§ 773.20 - What actions must the regulatory authority take when a permit is issued on the basis of inaccurate information?

§ 773.20 What actions must the regulatory authority take when a permit is issued on the basis of inaccurate information?

(a) We, the regulatory authority, will take the actions set forth in paragraphs (b) through (f) of this section if we issue a permit on the basis of what we later determine to be inaccurate baseline information, provided that the information is inaccurate to the extent that it would invalidate one or more of the findings required for permit application approval under § 773.15 or other provisions of this chapter.

(b) We will provide you, the permittee, with written notice that we have made a preliminary finding that your permit was issued on the basis of inaccurate information of the nature described in paragraph (a) of this section. The notice will set forth the reasons for that finding.

(c) Within 30 days of receiving a notice under paragraph (b) of this section, you may -

(1) Challenge the preliminary finding by providing us with an explanation of why the information either is not inaccurate or does not meet the standard established in paragraph (a) of this section; or

(2) Supply, or agree to supply, updated information and submit an application to revise the permit as needed to correct the deficiency in an expeditious manner.

(d)

(1) We will evaluate any explanation that you submit under paragraph (c)(1) of this part.

(2)

(i) If you do not take either of the actions identified under paragraph (c) of this section, or if the evaluation under paragraph (d)(1) of this section determines that the deficiency identified in our preliminary finding still exists, we will serve you with a written notice of proposed suspension or rescission of the permit, together with a statement of the reasons for the proposed suspension or rescission,

(ii) Any proposed suspension or rescission will take effect 60 days from the date that we provide notice under paragraph (d)(2)(i) of this section, unless you obtain temporary relief under § 775.11(b)(2) of this chapter.

(3) The proposed suspension or rescission under paragraph (d)(2) of this section is subject to administrative review under part 775 of this chapter.

(4) Section 843.14 of this chapter will govern service under paragraph (d)(2) of this section.

(e)

(1) If we suspend your permit under paragraph (d)(2) of this section, you must cease all surface coal mining operations under the permit and complete all affirmative obligations specified in the suspension order within the time established in that order. We will rescind your permit in accordance with paragraph (d)(2) of this section if you do not complete those obligations within the time specified.

(2) If we rescind your permit under paragraph (d)(2) of this section, you must cease all surface coal mining operations under the permit and complete reclamation within the time specified in the order.

(f)

(1) If we suspend or rescind your permit under paragraph (d)(2) of this section, the bond posted for the permit will remain in effect until you complete all reclamation obligations under the reclamation plan approved in the permit and obtain bond release under §§ 800.40 through 800.44 of this chapter.

(2) We will initiate bond forfeiture proceedings under § 800.50 of this chapter if you do not complete all reclamation obligations within the time specified in the order issued under paragraph (d)(2) of this section.

[81 FR 93325, Dec. 20, 2016]