Md. Code Regs. 26.20.07.03

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.07.03 - Permit Renewals

A. Any valid, existing permit issued pursuant to the Regulatory Program shall carry with it the right of successive renewal upon expiration of the term of the permit. However, successive renewal is available only for those areas which were specifically approved by the Bureau as within the boundaries of the permit.

B. Complete applications for renewal of a permit shall be made at least 120 days before the expiration date of the permit. Renewal applications shall be in a form as required by the Bureau, and include at a minimum:

(1) The name and address of the permittee, the term of the renewal requested, the permit number, and a description of any changes to the matters set forth in the original application for a permit or prior permit renewal;

(2) A copy of the proposed newspaper advertisement under COMAR 26.20.04; the proof of publication of the advertisement shall be submitted within two weeks after the last date of publication; and

(3) Evidence that a liability insurance policy will be provided by the applicant for the proposed new period of time.

C. Complete applications for renewal are subject to the requirements of public notice and participation contained in COMAR 26.20.04.

D. Except as provided in §H of this regulation, a permit renewal shall be for a term not to exceed the period of the original permit.

E. Upon the basis of a complete application for renewal and completion of all procedures required under COMAR 26.20.04, the Bureau shall issue a renewal of permit, unless the Bureau finds in writing that:

(1) The terms and conditions of the existing permit are not being satisfactorily met;

(2) The present mining and reclamation operations are not in compliance with the environmental protection standards under the regulatory program;

(3) The requested renewal substantially jeopardizes the operator's continuing responsibility to comply with the regulatory program on existing permit areas;

(4) The operator has not provided evidence of having liability insurance as required by COMAR 26.20.15;

(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 Bureau might require; or

(6) Any additional revised or updated information required by the Bureau has not been provided by the applicant.

F. The Bureau shall send copies of its decision to the applicant, any persons who filed objections or comments to the renewal, and to any persons who were parties to the hearing held on the permit renewal.

G. Any person having an interest which is or may be adversely affected by the decision of the Bureau has the right to administrative and judicial review set forth in COMAR 26.20.06. In all cases, the burden of proof shall rest with the opponent of renewal.

H. The Bureau may issue a renewal of a permit for a period coinciding with the duration of liability on all bonds posted on the permit if:

(1) An operator fails to submit an application for the renewal of a permit in accordance with §B of this regulation; or

(2) Only reclamation activities remain to be accomplished on the permit.

I. The renewal of a permit under §H of this regulation includes the following conditions:

(1) Surface coal mining operations may not be conducted on the renewed permit;

(2) A liability insurance policy, as required by COMAR 26.20.15, shall be maintained in full force and effect during the period necessary to complete all reclamation activities on the permit; and

(3) Reclamation activities shall be conducted in accordance with COMAR 26.20.28 and 26.20.29 and the permit.

Md. Code Regs. 26.20.07.03

Regulations .03 were previously codified as COMAR 08.13.09.08 a A_D, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.