Ill. Admin. Code tit. 62, § 1774.15 - Permit Renewals
a) A
valid permit shall carry with it the right of successive renewal, within the
approved boundaries of the existing permit, upon expiration of the term of the
permit.
b) Application requirements
and procedures.
1) An application for renewal
of a permit shall be filed with the Department at least one hundred and eighty
(180) days before expiration of the existing permit term.
2) An application for renewal of a permit
shall be in the form required by the Department and shall include at a minimum:
A) The name and address of the permittee, the
term of the renewal requested, and the permit number or other
identifier;
B) Evidence that a
liability insurance policy or adequate self-insurance under 62 Ill. Adm. Code
1800.60 will
be provided by the applicant for the proposed period of renewal;
C) Evidence that the performance bond in
effect for the operation will continue in full force and effect for any renewal
requested, as well as any additional bond required by the Department pursuant
to 62 Ill. Adm. Code 1800;
D) A
copy of the proposed newspaper notice and proof of publication of same, as
required by 62 Ill. Adm. Code
1778.21;
and
E) Additional revised or
updated information required by the Department.
3) Applications for renewal shall be subject
to the requirements of public notification and public participation contained
in 62 Ill. Adm Code
1773.13
and
1773.19(a)(3).
4) If an application for renewal includes any
proposed revisions to the permit, such revisions shall be identified and be
subject to the requirements of Section
1774.13.
5) If a complete application for renewal of a
permit includes a proposal to extend the mining and reclamation operation
beyond the permit area boundaries authorized in the existing permit, the
portion of the complete application for renewal of a valid permit which
addresses any new land areas shall be subject to the full standards applicable
to new permit applications under the Act, and 62 Ill. Adm. Code 1773, 1777,
1778, 1779, 1780, 1783, 1784, 1785, and 1800.
c) Approval process.
1) Criteria for approval. The Department
shall approve a complete and accurate application for permit renewal, unless it
finds, in writing:
A) The terms and conditions
of the existing permit are not being satisfactorily met;
B) The present surface coal mining and
reclamation operations are not in compliance with the environmental protection
standards of the Act and the regulatory program;
C) The requested renewal substantially
jeopardizes the operator's continuing ability to comply with the Act and the
regulatory program on existing permit areas;
D) The operator has not provided evidence of
having liability insurance or self-insurance as required in 62 Ill. Adm. Code
1800.60;
E) The operator has not
provided evidence that any performance bond required to be in effect for the
operation will continue in full force and effect for the proposed period of
renewal, as well as any additional bond the Department might require pursuant
to 62 Ill. Adm. Code 1800; or
F)
Additional revised or updated information required by the Department has not
been provided by the applicant.
2) Burden of proof. In the determination of
whether to approve or deny the renewal of a permit, the burden of proof shall
be on the opponents of renewal.
d) Renewal term. Any permit renewal shall be
for a term not to exceed the period of the original permit established under 62
Ill. Adm. Code 1773.19.
e) Notice
of decision. The Department's decision issued pursuant to subsection (c) shall
be made before the expiration of the original permit term. Within five (5)
working days, the Department shall send copies of its decision to the
applicant, to each person who filed comments or objections on the renewal, to
each party to any informal conference held on the permit renewal, and to the
Office of Surface Mining Reclamation and Enforcement (OSMRE).
f) Administrative and judicial review. Any
person having an interest which is or may be adversely affected by the decision
of the Department shall have the right to administrative and judicial review
set forth in 62 Ill. Adm. Code
1847.3.
Notes
Amended at 17 Ill. Reg. 11083, effective July 1, 1993
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