25 Pa. Code § 77.143 - Permit renewals
(a)
NPDES permit renewals.An application for renewal of an NPDES
permit shall be filed with the Department at least 180 days before the
expiration date of the NPDES permit in question. A renewal application shall be
filed in the format required by the Department.
(b)
Mine permit renewals-general
requirements.
(1) A valid, existing
permit issued by the Department will carry with it the presumption of
successive renewals upon expiration of the term of the permit. Successive
renewals will be available only for areas which were specifically approved by
the Department on the application for the existing permit.
(2) A permit renewal will not be available
for extending the acreage of the operation beyond the boundaries of the permit
area approved under the existing permit. Addition of acreage to the operation
will be considered under §
77.141(e) and (f)
(relating to permit revisions). A request
for permit revision may accompany a request for renewal and shall be supported
with the information required for application as described in this
chapter.
(3) A complete application
for renewal of a permit, as established in this chapter, shall be filed with
the Department at least 180 days before the expiration date of the particular
permit in question. A renewal application shall be filed in the format required
by the Department.
(4) An
application for renewal is subject to the requirements of public notification
and participation of 77.121 (relating to public notices of filing of permit
applications).
(5) A permit renewal
shall be for a term not to exceed the period of the original permit.
(6) Unless the Department finds that the
permit should not be renewed under paragraph (7), it will issue a permit
renewal after finding that the requirements of this chapter and the
requirements of public participation and notification are satisfied.
(7) A permit will not be renewed if the
Department finds that one of the following applies:
(i) The requested renewal substantially
jeopardizes the operator's continuing ability to comply with the act, the
environmental acts, this title and the regulatory program on existing permit
areas.
(ii) The operator has failed
to provide evidence that a bond required to be in effect for the activities
will continue in full force and effect for the proposed period of renewal, as
well as additional bond the Department might require.
(iii) Additional revised or updated
information required by the Department has not been provided by the
applicant.
(8) The
Department will notify the applicant, persons who filed objections or comments
to the renewal and persons who were parties to an informal conference held on
the permit renewal of the Department-s decision.
Notes
This section cited in 25 Pa. Code § 77.128 (relating to permit items).
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