Chapter 07. Permit Review and Transfer of Permit Rights
Regulation .01 Review of Outstanding Permits.LinkCopy Citation
A.
The Bureau shall review each permit under the Regulatory Program on an annual basis, and before any permit renewal.
B.
After review, the Bureau may require revision or modification of any permit provisions in order to ensure compliance with the Regulatory Program.
C.
The Bureau shall inform the permittee, in writing, of any required changes in the permit.
D.
Within 15 days of receipt of notification of any required changes, the permittee may request an adjudicatory hearing in accordance with COMAR 26.20.34.
Regulation .02 Permit Revisions.LinkCopy Citation
A.
A revision to a permit shall be obtained:
(1)
Before implementation of any changes in the surface coal mining or reclamation operations 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;
(2)
In order to continue operation, after any material reduction of the performance bond or other equivalent guarantee upon which the original permit was issued; or
(3)
As otherwise required under the Regulatory Program.
B.
Any application for revision which proposes significant alterations in the original permit shall be:
(1)
Subject to the applicable requirements of COMAR 26.20.02 and 26.20.03;
(2)
Approved or disapproved by the Bureau in accordance with COMAR 26.20.04 and 26.20.05; and
(3)
Submitted to the Bureau at least 150 days before the permittee desires to revise the permitted operation.
C.
Any application for a revision which does not propose significant alterations in the original permit shall be:
(1)
Submitted to the Bureau at least 5 days before the permittee desires to revise the permitted operation;
(2)
Accompanied by such narratives, maps, cross sections, and documentation as would be required if the revision were part of a new permit application; and
(3)
Approved or disapproved by the Bureau if it would have been approved or disapproved as part of a new permit application.
D.
The following revisions are not considered significant alterations in the original permit:
(1)
Changes in the seam of coal to be mined, with the approval of the mineral owner;
(2)
Mining within 300 feet of an occupied dwelling, with the approval of the owner;
(3)
Increases in the open acre limit;
(4)
Decreases in the open acre limit;
(5)
Decreases in the total permit acres;
(6)
Relocation of haul roads or culverts and turnouts;
(7)
Changes in the mining sequence or the direction or length of cuts;
(8)
Relocation of topsoil stockpiles;
(9)
Changes in the blasting plan, except that no changes are permitted to the hours of blasting without prior publication of the new schedule;
(10)
Changes in the placement of spoil material or handling of acid-producing or toxic-producing material;
(11)
Changes in the location or design of drainage control structures;
(12)
Changes in the location of water treatment facilities or method of water treatment;
(13)
Changes in the location, design, or number of diversion ditches;
(14)
Changes in the method or sequence of regrading;
(15)
Changes in the mining and reclamation equipment;
(16)
Changes in the method of procedure for redistributing topsoil material;
(17)
Changes in the seed bed preparation;
(18)
Change in the rate of application and analysis of lime and fertilizer;
(19)
Changes in the planting method, revegetation species or rate of application, and type or rate of application of mulch;
(20)
Changes in the seasonal maintenance plan for revegetated areas;
(21)
Incidental boundary revisions, provided the new permit area is contiguous to the original permit area and that no portion of the new area is more than 250 feet from the original area;
(22)
Increase in total approved permit acres of not more than 10 acres per permit over the life of the permit.
Regulation .03 Permit Renewals.LinkCopy Citation
A.
Any valid, existing permit issued pursuant to the Regulatory Program shall carry with it the right of successive renewal upon expiration of the term of the permit. However, successive renewal is available only for those areas which were specifically approved by the Bureau as within the boundaries of the permit.
B.
Complete applications for renewal of a permit shall be made at least 120 days before the expiration date of the permit. Renewal applications shall be in a form as required by the Bureau, and include at a minimum:
(1)
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 proposed newspaper advertisement under COMAR 26.20.04; the proof of publication of the advertisement shall be submitted within two weeks after the last date of publication; and
(3)
Evidence that a liability insurance policy will be provided by the applicant for the proposed new period of time.
C.
Complete applications for renewal are subject to the requirements of public notice and participation contained in COMAR 26.20.04.
D.
Except as provided in §H of this regulation, a permit renewal shall be for a term not to exceed the period of the original permit.
E.
Upon the basis of a complete application for renewal and completion of all procedures required under COMAR 26.20.04, the Bureau shall issue a renewal of permit, unless the Bureau finds in writing that:
(1)
The terms and conditions of the existing permit are not being satisfactorily met;
(2)
The present mining and reclamation operations are not in compliance with the environmental protection standards under 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 of having liability insurance as required by COMAR 26.20.15;
(5)
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 the Bureau might require; or
(6)
Any additional revised or updated information required by the Bureau has not been provided by the applicant.
F.
The Bureau shall send copies of its decision to the applicant, any persons who filed objections or comments to the renewal, and to any persons who were parties to the hearing held on the permit renewal.
G.
Any person having an interest which is or may be adversely affected by the decision of the Bureau has the right to administrative and judicial review set forth in COMAR 26.20.06. In all cases, the burden of proof shall rest with the opponent of renewal.
H.
The Bureau may issue a renewal of a permit for a period coinciding with the duration of liability on all bonds posted on the permit if:
(1)
An operator fails to submit an application for the renewal of a permit in accordance with §B of this regulation; or
(2)
Only reclamation activities remain to be accomplished on the permit.
I.
The renewal of a permit under §H of this regulation includes the following conditions:
(1)
Surface coal mining operations may not be conducted on the renewed permit;
(2)
A liability insurance policy, as required by COMAR 26.20.15, shall be maintained in full force and effect during the period necessary to complete all reclamation activities on the permit; and
(3)
Reclamation activities shall be conducted in accordance with COMAR 26.20.28 and 26.20.29 and the permit.
Regulation .04 Transfer, Assignment, or Sale of Permit Rights.LinkCopy Citation
A.
A person seeking to succeed by transfer, assignment, or sale to the rights granted by a permit issued under the Regulatory Program, and before the date of the transfer, assignment, or sale, shall:
(1)
Obtain performance bond coverage by methods that would provide that reclamation of all areas affected by the original permittee is assured under bonding coverage at least equal to that of the original permittee; and
(2)
Provide the Bureau with an application for approval of the proposed transfer, assignment, or sale, including:
(a)
The name and address of the existing permittee,
(b)
The name and address of the person proposing to succeed by the transfer, assignment, or sale, and the name and address of that person's resident agent,
(c)
A brief description of the proposed action requiring approval, and
(d)
The same information as is required under COMAR 26.20.02.03A—Q for applications for new permits.
B.
The person applying for approval of the transfer, assignment, or sale of rights granted by a permit shall advertise 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 original permittee, the number and particular geographic location of the permit, and the address to which written comments may be sent.
C.
Any person whose interests are or may be adversely affected, including but not limited to the head of any local, State or federal government agency, may submit written comments on the application to the Bureau, within 30 days of the date of advertisement.
D.
The Bureau may grant written approval for the transfer, sale, or assignment of rights under a permit, if it first finds, in writing, that:
(1)
The applicant is eligible to receive a permit in accordance with COMAR 26.20.04.10B and C and 26.20.05.01;
(2)
The applicant will conduct the operations covered by the permit in accordance with the Regulatory Program, and in full compliance with the terms and conditions of the original permit; and
(3)
The applicant has submitted a performance bond or other guarantee at least equal to that of the original permittee.
E.
A successor in interest to a permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee.
F.
The Bureau shall notify the transferor, the transferee, commenters, and the federal Office of Surface Mining of its findings and decision.
G.
The transferee shall immediately notify the Bureau of the consummation of the assignment or sale of permit rights.
Chapter annotations
Authority: Environment Article, §§15-503, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 were previously codified as COMAR 08.13.09.08A—D, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
History: Chapter recodified from COMAR 08.20.07 to COMAR 26.20.07, June 1996