Ala. Admin. Code r. 880-X-8K-.18 - Improvidently Issued Permits: Recission Procedures

If a decision is made to rescind an improvidently issued permit under 880-X-8K-.17(3)(d), the Alabama Surface Mining Commission shall serve on the permittee a notice of proposed suspension and recission which includes the reasons for the finding under 880-X-8K-.17(2) and states that:

(a) Automatic suspension and recission. After a specified period of time not to exceed 90 days the permit automatically will become suspended, and not to exceed 90 days thereafter rescinded, unless within those periods the permittee submits proof, and the Alabama Surface Mining commission finds, that:

1. The finding under 880-X-8K-.17(2) was erroneous;

2. The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee, to the satisfaction of the responsible agency;

3. The violation, penalty or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or

4. Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty or fee;

(b) Cessation of operations. After permit suspension or recission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other environmental protection measures as required by the Alabama Surface Mining Commission; and

(c) Right to appeal. The permittee may file an appeal for administrative review of the notice under 880-X-5A.

Author: Randall C. Johnson

Notes

Ala. Admin. Code r. 880-X-8K-.18

Original Filed September 12, 1991; effective June 10, 1992.

Statutory Authority: Code of Ala. 1975 § 9-16-71, et seq .