La. Admin. Code tit. 43 § XV-3513

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-3513 - Permit Renewals: Approval or Denial

A. The office shall, upon the basis of a complete application for renewal, and completion of all procedures required under §§3509-3511, issue a renewal of a permit within 120 days of the filing of the application for renewal, unless it is established and written findings are made by the office that:

1. the terms and conditions of the existing permit are not being satisfactorily met;

2. the present surface coal mining and reclamation operations are not in compliance with the environmental protection standards under the Act and these regulations;

3. the requested renewal substantially jeopardizes the operator's continuing responsibility to comply with the Act and these regulations on existing permit areas;

4. the operator has not provided evidence of having liability insurance or self-insurance as required in §4309;

5. the operator has not provided evidence that any performance bond required to be in effect for the operations will continue in full force and effect for the proposed period of renewal, as well as any additional bond the office might require pursuant to Subpart 4; or

6. any additional revised or updated information required by the office has not been provided by the applicant.

B. In determining whether to approve or deny a renewal, the burden shall be on the opponents of renewal. If the office, prior to the issuance of a renewal in accordance with §3513 A, determines that a condition exists which will prevent issuance of a permit renewal, the office shall immediately provide the applicant with notice of such condition and provide the applicant an opportunity prior to the expiration of the original permit to initiate action to correct the condition. A violation of the Act, these regulations, or a permit condition shall not be cause for denial of a permit renewal if the office determines, prior to the expiration of the existing permit, that the violation:

1. has been corrected; or

2. is in the process of being corrected; or

3. the applicant has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation.

C. The office shall send copies of its decision to the applicant, any person who filed objections or comments to the renewal, and to any persons who were parties to any informal conference held on the permit renewal, and to OSM if OSM is not the regulatory authority.

D. Any person having an interest which is or may be adversely affected by the decision of the office shall have the right to administrative and judicial review set forth in Chapter 33.

La. Admin. Code tit. 43, § XV-3513

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.