The Secretary may renew the permits for the extraction, excavation, removal or dredging of the components of the earth’s crust. The application for such renewal shall be made, in writing, to the Secretary, at least ninety (90) days prior to the expiration date of the permit to be renewed. The renewal application must meet all the requirements of the original application, it being understood that if there have been no changes in the conditions stated in the original application, it shall suffice to thus consign them by means of a sworn statement given by the applicant. Nevertheless, any application for renewal shall have the necessary information for the Department to comply with § 1124(c) of Title 12. Once the application for renewal has been filed in due time, the Department of Natural and Environmental Resources shall have thirty (30) days to certify that the same has been duly completed for processing. If said thirty (30) days have elapsed without the Department having issued its certification, it shall be understood that the application for renewal is complete for processing. The evaluation of an application for renewal shall take into consideration the factors mentioned in § 209 of this title, and shall include an on-site inspection of the extraction area. The Secretary may require a legal evaluation. Once the Environmental Quality Board certifies compliance with § 1124(c) of Title 12, the Secretary may issue his/her decision on the application for renewal.
Provided, however, That the permit shall remain in force as a provisional permit until the Department and other agencies resolve the application for renewal and it becomes final and binding. Those applications for renewal that are not filed within ninety (90) days prior to the expiration of the permit shall not have the benefit of the terms granted in this section and shall be considered as original permit applications.
The Department shall perform an on-site inspection for every renewal application to verify the data in the application. A notice to the neighboring communities shall also be required advising them of their right to comment or object to the issuance of the permit subject to renewal, within thirty (30) days from the date of the notice. Any person who could be affected by adjudication of the application for renewal and is interested in commenting or objecting to a renewal or permit, may request that a public hearing be held, as established by § 208 of this title.
History —June 25, 1968, No. 132, p. 314, § 6; June 3, 1976, No. 144, p. 423, § 6; June 27, 1987, No. 54, p. 180, § 5; Dec. 26, 1997, No. 195, § 4; Aug. 6, 1999, No. 223, § 1; Sept. 2, 2000, No. 370, § 3.