Section 096-200-3-15 - Transfer of PermitNo permit issued pursuant to the Act and these rules may be transferred without prior written approval of the Department. Prior to the transfer of a mining permit to another person, the acquiring person, the Transferee, shall submit to the Department a request for the transfer of the mining permit.
A. A Transferee shall submit to the Department a request for the transfer of the mining permit on a form provided by the Department.B. A Transferee shall provide the following to the Department as part of the request:(1) Evidence of title, right, or interest in all of the property that is proposed for development or use;(2) An update to the contingency plan;(3) A demonstration of financial capacity and technical ability;(4) A summary of the Transferee's and its responsible officers' and related corporations' record of compliance with environmental and land use laws and financial requirements of Maine and other jurisdictions, as follows:(a) Criminal Convictions. A listing and explanation of any criminal convictions of the State, other states, the United States, or another country of the persons required to disclose under this section;(b) Civil Violations. A listing and explanation of any adjudicated civil violations of environmental laws or rules administered by the State, other states, the United States, or another country by any of the persons required to disclose under this section in the 10 years immediately preceding the filing of the application;(c) Consent Decrees and Administrative Orders or Agreements. A listing and explanation of administrative agreements or consent decrees entered into by, or administrative orders directed at, any of the persons required to disclose under this section for violations of environmental laws administered by the Department, the State, other states, the United States or another country in the 10 years immediately preceding the filing of the application; and(d) Other Proceedings. A listing and explanation of any ongoing court proceeding, administrative consent agreement negotiation, or similar ongoing administrative enforcement action not already provided in which the Applicant or any of the persons required to disclose under this section is a party and which concerns environmental laws administered by the Department or the State. The Department may require the Applicant to update the list set forth in this subsection subsequent to the filing of the request to transfer a mining permit;
(5) An update to the financial assurance plan;(6) Documentation stipulating acceptance of all aspects of the mining permit and a commitment to adhere to the requirements of this Chapter and the Act;(7) Any proposed changes to the mining operation plan or the mine plan;(9) The Transferee shall complete the public notice requirements specified in subsection 10(E) of this Chapter.C. The Department shall hold a public meeting pursuant to 06-096 C.M.R. ch. 2 for all mining permit transfers.D. The Department shall inspect the mining operation and determine whether the existing Permittee is in compliance with the mining permit, this Chapter, and the Act. If a Permittee is determined by the Department to be in violation of the mining permit, this Chapter, or the Act, the mining permit of the mine subject to the transfer may not be transferred until the Permittee has completed the necessary corrective actions or the person acquiring the mining permit has agreed in a legally enforceable document to correct the violation pursuant to a compliance schedule approved by the Department.E. The Department may not transfer a mining permit if the Transferee or any person in a position to control the operations of the Tansferee has documented violation(s) of state or federal land use or environmental laws, or documented violations of land use or environmental laws of a foreign country, demonstrating that the Transferee would not be capable of complying with the terms and conditions of a mining permit. A Transferee may present evidence of changed conditions or circumstances demonstrating the current ability to comply with all permit terms and conditions notwithstanding any prior violations. If that evidence is sufficient to warrant a finding by the Department that the Transferee is capable of compliance, the Department may transfer the permit.F. A permit transfer is not effective until:(1) The Department is satisfied that the Transferee has provided evidence of the financial assurance required by the mining permit, this Chapter, and the Act;(2) All other applicable permits and authorizations have been transferred to the acquiring Permittee; and(3) A Transferee has demonstrated to the Department's satisfaction the intent to: (a) Comply with all terms and conditions of the mining permit, this Chapter, and the Act; and(b) Satisfy all applicable statutory and regulatory criteria.G. A Permittee may not convey authority to operate a mine to another person until a mining permit is granted to the Transferee by the Department.06-096 C.M.R. ch. 200, § 3-15