Current through Register Vol. 41, No. 3, September 23, 2024
(a)
General. A valid permit 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) An
application for renewal of a permit shall be filed with the division at least
120 days before expiration of the existing permit term.
(2) An application for renewal of a permit
shall be in the form required by the division and shall include at a minimum--
(i) The name and address of the permittee,
the term of the renewal requested, and the permit number or other
identifier;
(ii) Evidence that a
liability insurance policy or adequate self insurance under 4VAC25-130-800.60
will be provided by the applicant for the proposed period of renewal;
(iii) Evidence that the performance bond in
effect for the operation will continue in full force and effect for any renewal
requested, as well as any additional bond required by the division pursuant to
Subchapter VJ;
(iv) A copy of the
proposed newspaper notice and proof of publication of same, as required by
4VAC25-130-778.21; and
(v)
Additional revised or updated information required by the division.
(3) Applications for renewal shall
be subject to the requirements of public notification and public participation
contained in 4VAC25-130-773.13 and 4VAC25-130-773.19(b).
(4) If an application for renewal includes
any proposed revisions to the permit, such revisions shall be identified and
subject to the requirements of 4VAC25-130-774.13.
(5) If an applicant for renewal of a permit
includes a proposal to extend the mining and reclamation operation beyond the
boundaries authorized in the existing permit, the portion of the application
which addresses any new land areas shall be subject to the full standards
applicable to new permit applications under the Act, Parts 773, 774, 775, 777,
778, 779, 780, 783, 784, and applicable portions of 785, Subchapter VJ and this
chapter.
(c) Approval
process.
(1) Criteria for approval. The
division 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 this chapter;
(iii) The requested renewal substantially
jeopardizes the permittee's continuing ability to comply with the Act and the
regulatory program on existing permit areas;
(iv) The permittee has not provided evidence
of having liability insurance or self-insurance as required in
4VAC25-130-800.60;
(v) The
permittee 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 period of renewal, as well as any additional bond the division might
require pursuant to Subchapter VJ; or
(vi) Additional revised or updated
information required by the division has not been provided by the
applicant.
(2) Burden of
proof. In the determination of whether to approve or deny a renewal of a
permit, the burden of proof shall be on the opponents of renewal.
(d) Renewal term. Any permit
renewal shall be for a term not to exceed the period of the original permit
established under 4VAC25-130-773.19.
(e) Notice of decision. The division 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 the OSM.
(f) Administrative and judicial review. Any
person having an interest which is or may be adversely affected by the decision
of the division shall have the right to administrative and judicial review set
forth in Part 775.
§§ 45.1-161.3 and 45.1-230 of the Code of
Virginia.
