La. Admin. Code tit. 43 § XV-3517

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

Section XV-3517 - Transfer, Assignment or Sale of Permit Rights: Obtaining Approval

A. Any person seeking to succeed by transfer, assignment or sale to the rights granted by a permit issued under this regulatory program shall, prior to the date of such transfer, assignment or sale:

1. obtain the performance bond coverage of the original permittee by:

a. obtaining transfer of the original bond;

b. obtaining a written agreement with the original permittee and all subsequent successors in interest (if any) that the bond posted by the original permittee and all successors shall continue in force on all areas affected by the original permittee and all successors, and supplementing such previous bonding with such additional bond as may be required by the office. If such an agreement is reached, the office may authorize for each previous successor and the original permittee the release of any remaining amount of bond in excess of that required by the agreement;

c. providing sufficient bond to cover the original permit in its entirety from inception to completion of reclamation operations; or

d. such other methods as would provide that reclamation of all areas affected by the original permittee is assured under bonding coverage at least equal to that of the original permittee;

2. provide the office with an application for approval of such proposed transfer, assignment or sale, including:

a. the name and address of the existing permittee;

b. the name and address of the person proposing to succeed by such transfer, assignment, or sale and the name and address of that person's resident agent;

c. for surface mining activities, the same information as is required by §2305 B, 2315 and 2317 for applications for new permits for those activities; or

3. obtain the written approval of the office for transfer, assignment or sale of rights, according to §3517 C

1. The person applying for approval of such transfer, assignment or sale of rights granted by a permit shall advertise the filing of the application in the newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent under this Paragraph.

2. Any person whose interests are or may be adversely affected including, but not limited to, the head of any local, state or federal government agency may submit written comments on the application for approval to the office, within the time required by the regulations of the particular regulatory program.

C. The office may, upon the basis of the applicant's compliance with the requirements of §3517 A-B, grant written approval for the transfer, sale or assignment of rights under a permit, if it first finds, in writing, that:

1. the applicant is eligible to receive a permit in accordance with §3113. G and 3115;

2. the person seeking approval will conduct the operations covered by the permit in accordance with the criteria specified in Chapter 29 and §3115 and the requirements of the Act and these regulations;

3. the applicant has, in accordance with §3517. A 1, submitted a performance bond or other guarantee as required by Subpart 4 and at least equivalent to the bond or other guarantee of the original permittee;

4. the applicant will continue to conduct the operations involved in full compliance with the terms and conditions of the original permit, unless and until it has obtained a new permit in accordance with this Subpart as required in §3519

D. Notification

1. The office shall notify the permittee, the successor, commentors, and OSM, if OSM is not the regulatory authority, of its findings.

2. The successor shall immediately provide notice to the office of the consummation of the transfer, assignment or sale of permit rights.

La. Admin. Code tit. 43, § XV-3517

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 37:2734 (September 2011).

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