Section 3308 - Permit approval or denial(a) General rule.--No permit shall be issued under this act unless the applicant affirmatively demonstrates that: (1) The permit application is accurate and complete and that all requirements of this act and the regulations promulgated hereunder have been complied with.(2) The operation and reclamation plan contained in the application can be accomplished as required by this act and regulations.(3) The operation will not cause pollution to the waters of this Commonwealth.(b) Other grounds for refusal to issue, renew or amend permit.--(1) The department shall not issue any surface mining permit or renew or amend any permit if it finds, after investigation and an opportunity for an informal hearing, that: (i) the applicant has failed and continues to fail to comply with any of the provisions of this act or the act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act; or(ii) the applicant has shown a lack of ability or intention to comply with any provision of this act or the Surface Mining Conservation and Reclamation Act, as indicated by past or continuing violations. Any person, partnership, association or corporation that has engaged in unlawful conduct, as defined in section 23 , or that has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor that has engaged in such unlawful conduct shall be denied any permit required by this act unless the permit application demonstrates that the unlawful conduct is being corrected to the satisfaction of the department.
(2) Persons other than the applicant, including independent subcontractors, who are proposed to operate under the permit shall be listed in the application and those persons shall be subject to approval by the department prior to their engaging in surface mining operations. The persons shall be jointly and severally liable with the permittee for the violations of this act as the permittee is charged and in which the persons participate.1984, Dec. 19, P.L. 1093, No. 219, § 8, effective in 60 days.