25 Pa. Code § 86.43 - Improvidently issued permits

(a) For the purpose of this section and § 86.44 (relating to rescission of improvidently issued permits) "other person responsible" means a person owned or controlled by the permittee or a person who owns or controls the permittee under the definition of "owned or controlled" or "owns or controls" in § 86.1 (relating to definitions).

(b) A coal mining activity permit is improvidently issued if the following apply:

(1) Under the violation review criteria of § 86.37(a)(8), (9) and (11) (relating to criteria for permit approval or denial) in effect at the time of permit issuance one of the following applies:

(i) The Department should not have issued the permit because of an unabated violation or a delinquent penalty or fee of the permittee or other person responsible.

(ii) The permit was issued on the presumption that a violation by the permittee or other person responsible at the time of permit issuance was in the process of being corrected to the satisfaction of the Department, but a cessation order for that violation was subsequently issued.

(2) The violation, penalty or fee of the permittee or other person responsible:

(i) Remains unabated or delinquent.

(ii) Is not the subject of an agreement, abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the Department.

(3) At the time of permit issuance the violation, penalty or fee was to the other person responsible and the link between the permittee and that other person responsible still exists, or if the link to the other person responsible was severed, the permittee continues to be responsible for the violation, penalty or fee.

(c) If the Department has found that it improvidently issued a coal mining activity permit according to subsection (b), the Department will take one or a combination of the following actions:

(1) Enter into an agreement with the permittee or other person responsible for the abatement of the violation or a schedule of payment of the penalty or fee.

(2) Impose on the permit a condition requiring that in a reasonable period of time the permittee or other person responsible abate the violation or pay the penalty or fee.

(3) Suspend the permit until the violation is abated or the penalty or fee is paid.

(4) Rescind the permit under § 86.44.

Notes

25 Pa. Code § 86.43

The provisions of this § 86.43 adopted June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075.

This section cited in 25 Pa. Code § 86.44 (relating to rescission of improvidently issued permits).