10 CSR 40-6.090 - Permit Reviews, Revisions and Renewals and Transfer, Sale and Assignment of Rights Granted Under Permits
PURPOSE: This rule sets forth requirements for permit reviews, revisions and renewals and requirements for transfer, sale and assignments for transfer, sale and assignment of rights granted under permits pursuant to sections 444.810, 444.815, 444.840 and 444.850, RSMo.
(1)
Responsibilities. The commission or director shall-
(A) Ensure that permits are revised prior to
changes in surface coal mining and reclamation operation;
(B) Ensure that all permits are regularly
reviewed to determine that surface coal mining and reclamation operations under
these permits are conducted in compliance with the regulatory
program;
(C) Effectively review and
act on applications to renew existing permits, in a timely manner, to ensure
that surface coal mining and reclamation operations continue, if they comply
with the regulatory program; and
(D) Ensure that no person conducts surface
coal mining and reclamation operations, through the transfer, sale or
assignment of rights granted under permits, without prior approval.
(2) Definitions. As used in
sections (9)-(11) of this rule-
(A) Successor
in interest means any person who succeeds to rights granted under a permit by
transfer, assignment or sale of those rights; and
(B) Transfer, assignment or sale of rights
means a change in ownership or other effective control over the right to
conduct surface coal mining operations under a permit.
(3) Review of Outstanding Permits.
(A) Review Periods.
1. The director shall review each permit
issued and outstanding during the term of the permit. This review shall occur
not later than the middle of the permit term and as required by
10
CSR 40-6.060(1), (3) and
(5).
2. For permits of longer than five (5)-year
terms, a review of the permit shall be no less frequent than the permit midterm
or every five (5) years whichever is more frequent.
(B) After this review, the director shall
file a report with the commission. This report shall order reasonable revision
or modification of the permit provisions which are appropriate to ensure
compliance with the regulatory program.
(C) Copies of the report and order of the
director shall be sent to the permittee.
(D) Any order of the director requiring
revision or modification of permits shall be based upon written findings and
shall be subject to the provisions of administrative and judicial review of
10
CSR 40-6.080.
(4) Permit Revisions.
(A) A revision to a permit shall be obtained-
1. For changes in the surface coal mining or
reclamation operations described in the original application and approved under
the original permit, when these changes constitute a significant departure from
the method of conduct of mining or reclamation operations contemplated by the
original permit. A significant departure includes any change in the permit
area, mining method or reclamation procedure which, in the opinion of the
director, would significantly change the effect the mining operation would have
on either those persons affected by the present operation or on the
environment;
2. When required by an
order issued under section (3) of this rule;
3. In order to continue operations after the
cancellation or material reduction of the liability insurance policy or
performance bond upon which the original permit was issued; or
4. As otherwise required under the regulatory
program.
(B) The
application for revision shall be filed in accordance with the following:
1. The permittee shall submit the application
to the director within the time provided for by
10 CSR
40-6.010(4)(B) 3.; and
2. The scale or extent of permit application
information requirements and procedures, including notice and hearings,
applicable to revision requests shall be sufficient to demonstrate compliance
with all applicable rules. Any application for a revision which proposes
significant alterations in the opera-
tions described in the materials submitted in the application for the original permit under 10 CSR 40-6.030, 10 CSR 40-6.040, 10 CSR 40-6.050, 10 CSR 40-6.060, 10 CSR 406.100, 10 CSR 40-6.110 or 10 CSR 40-6.120 or in the conditions of the original permit, at a minimum, shall be subject to the requirements of 10 CSR 40-6.070 and 10 CSR 406.080.
(C) Within a reasonable time, the
director will approve or disapprove the complete application for revision, in
accordance with the requirements of
10
CSR 40-6.070.
(D) Any extensions to the area covered by a
permit, except for incidental boundary revisions, shall be made by application
for a new permit and shall not be approved under this rule.
(E) The applicant for a permit revision shall
have the burden of establishing that the application is in compliance with all
the requirements of the regulatory program.
(5) Permit Renewals-General Requirements.
(A) Any valid, existing permit issued
pursuant to 10 CSR 40-6 shall carry with it the right of successive renewal
upon expiration of the term of the permit, in accordance with sections (6)-(8)
of this rule. Successive renewal shall be available only for those areas which
were specifically approved by the commission or director on the application for
the existing permit as within the boundaries of the permit.
(B) Permit renewal shall not be available for
conducting surface coal mining and reclamation operations on lands beyond the
boundaries of the permit area approved under the existing permit. Approval of
permits to conduct operations on these lands, including, but not limited to,
any remainder of the mine plan area described in the application for the
existing permit, shall be obtained in accordance with paragraph (6)(B)2. of
this rule.
(6) Permit
Renewals-Completed Applications.
(A) Contents.
Complete applications for renewals of a permit shall be made within the time
prescribed by
10 CSR
40-6.010(4)(B) 2. Renewal
applications shall be in a form with contents required by the director in
accordance with paragraph (6)(B)2. of this rule, including at a minimum, the
following:
1. A statement of 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 newspaper notice and proof
of publication of same under
10
CSR 40-6.070(2)(A); and
3. Evidence that a liability insurance policy
under
10
CSR 40-7.050 will be provided by the applicant for the
proposed period of renewal.
(B) Processing and Review.
1. Complete applications for renewal shall be
subject to the requirements of public notification and participation contained
in
10
CSR 40-6.070(2)-(5).
2. If a complete application for renewal of a
permit includes a proposal to extend the mining and reclamation operation
beyond the 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
10 CSR
40-6.010, 10 CSR 406.030-10
CSR 40-6.120 and 10 CSR 40-7.
3. Before finally acting to grant the permit
renewal, any additional performance bond needed to comply with the requirements
of paragraph (8)(A)4. of this rule shall be filed.
(7) Permit Renewals-Terms. Any
permit renewal shall be for a term not to exceed the period of the original
permit established under
10
CSR 40-6.070(12).
(8) Permit Renewals-Approval or Denial.
(A) The director, upon the basis of a
complete application for renewal and completion of all procedures required
under sections (6) and (7) of this rule, shall issue a renewal of a permit,
unless it is established and written findings are made that-
1. The terms and conditions of the existing
permit are not being satisfactorily met;
2. The present surface coal mining and
reclamation operations are not in compliance with the environmental protection
standards under 10 CSR 40-3 and 10 CSR 40-4 and 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
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 required pursuant to 10 CSR 40-7; or
5. Any additional revised or updated
information required has not been provided by the applicant.
(B) In determining whether to
approve or deny a renewal, the burden shall be on the opponents of
renewal.
(C) The director shall
send copies of any decision to the applicant, any persons who filed objections
or comments to the renewal and to any persons who were parties to any informal
conference held on the permit renewal.
(D) Any person having an interest which is or
may be adversely affected by the decision shall have the right to
administrative and judicial review set forth in
10
CSR 40-6.080.
(9) Transfer, Assignment or Sale of Permit
Rights-General Requirements. No transfer, assignment or sale of the rights
granted under any permit issued shall be made without the prior written
approval of the director in accordance with section (10) of this
rule.
(10) Transfer, Assignment or
Sale of Permit Rights.
(A) Application
Requirements. An applicant for approval of the transfer, assignment or sale of
permit rights shall-
1. Provide the director
with an application for approval of the proposed transfer, assignment or sale
including:
A. The name and address of the
existing permittee and permit number or other identifier;
B. A brief description of the proposed action
requiring approval; and
C. The
legal, financial, compliance and related information required by
10
CSR 40-6.030(1)-(3), (4)(C), (6) and (7)
for surface mine operations or
10
CSR 40-6.100(1)-(3), (4)(D), (6) and (7)
for underground operations for the applicant
for approval of the transfer, assignment or sale of permit rights;
2. Advertise once the filing of
the application in a newspaper of general circulation in the locality of the
operations involved, indicating the name and address of the applicant, the
permittee, the permit number or other identifier, the geographic location of
the permit and the address to which written comments may be sent; and
3. Obtain appropriate performance bond
coverage in an amount sufficient to cover the proposed operations, as required
under
10 CSR
40-7.011.
(B) Public Participation. Any person having
an interest which is or may be adversely affected by a decision on the
transfer, assignment or sale of permit rights, including an official of any
federal, state or local government agency, may submit written comments on the
application to the director within thirty (30) days of the newspaper
advertisement.
(C) Criteria for
Approval. The director may allow a permittee to transfer, assign or sell permit
rights to a successor, if s/he finds in writing that the successor-
1. Is eligible to receive a permit in
accordance with
10
CSR 40-6.070(7) and (8);
2. Has submitted a performance bond or other
guarantee, or obtained the bond coverage of the original permittee, as required
by
10 CSR
40-7.011; and
3. Meets any other requirements specified by
the director.
(D)
Notification.
1. The director shall notify
the permittee, the successor, commenters and the Office of Surface Mining
Reclamation and Enforcement (OSMRE) of its findings.
2. The successor shall immediately provide
notice to the director of the consummation of the transfer, assignment or sale
of permit rights.
(E)
Continued operation under existing permit. The successor in interest shall
assume the liability and reclamation responsibilities of the existing permit
and shall conduct the surface coal mining and reclamation operations in full
compliance with the Act, the regulatory program and the terms and conditions of
the existing permit, unless the applicant has obtained a new or revised permit
as provided in this chapter.
Notes
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