25 Pa. Code § 86.44 - Rescission of improvidently issued permits

(a) To rescind an improvidently issued permit the Department will issue a notice of proposed suspension and rescission. The notice will:

(1) Describe the conditions under which the Department found the permit to have been improvidently issued.

(2) Suspend the permit after a period of time not to exceed 90 days from the date of the notice and no more than 90 days thereafter rescind the permit unless within those periods the permittee demonstrates and the Department finds that:

(i) The findings of the Department under § 86.43(b) (relating to improvidently issued permits) were erroneous.

(ii) 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.

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

(iv) The permittee does not continue to be responsible for the violation, penalty or fee and has severed an ownership or control link with the other person responsible for the violation, penalty or fee.

(b) Upon suspension or rescission of the permit, the permittee shall cease coal mining activities under the permit except for violation abatement, reclamation and other environmental protection measures as required by the Department.

Notes

25 Pa. Code § 86.44

The provisions of this § 86.44 adopted June 25, 1993, effective 6/26/1993, 23 Pa.B. 3075.

This section cited in 25 Pa. Code § 86.43 (relating to improvidently issued permits).