17.24.416 PERMIT RENEWAL
(1) Applications for renewals of a permit must be made at least 240, but not more than 300 days prior to the expiration date. Renewal applications must be on a form provided by the department, including, at a minimum, the following:
(a) a statement of the name and address of the permittee, the term of the renewal requested, and the permit number;
(b) a proposed newspaper notice and proof of publication of a department-approved newspaper notice pursuant to (2);
(c) evidence that a liability insurance policy or adequate self-insurance will be provided by the applicant for the proposed period of renewal; and
(d) an update of ownership and control information and violation histories in accordance with ARM 17.24.303.
(2) Applications for renewal are subject to the requirements of public notification and participation contained in ARM 17.24.401 through 17.24.405.
(a) If the operations authorized under the original permit were not subject to the standards contained in 82-4-227(3)(b), MCA, because the permittee complied with the exceptions contained in 82-4-227(4), MCA, the portion of the application for renewal of the permit which addresses any new land areas previously identified in the reclamation plan for the original permit is not subject to the standards contained in 82-4-227(3)(b), MCA.
(b) Before finally acting to grant the permit renewal, the department shall require any additional performance bond needed by the permittee to comply with ARM 17.24.1104(1).
(3) No permit renewal may exceed the period of the original permit.
(4) The department shall, upon the basis of application for renewal and completion of all procedures required under this rule, issue a renewal of a permit, unless it is established and written findings by the department are made that:
(a) the terms and conditions of the existing permit are not being satisfactorily met;
(b) the present strip or underground mining operations are not in compliance with the environmental protection standards of the Act or subchapters 5 through 9.
(c) the requested renewal substantially jeopardizes the operator's continuing responsibility to comply with the Act, the
rules adopted pursuant thereto, and the reclamation plan on existing permit areas;
(d) the operator has not provided evidence that:
(i) 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 department might require; and
(ii) adequate liability insurance will be provided;
(e) any additional revised or updated information required by the department that has not been provided by the applicant;
(f) the applicant has not agreed to comply with all applicable laws and rules in effect at the time of renewal;
(g) the renewal is prohibited by the denial provisions of 82-4-227, 82-4-234, and 82-4-251, MCA;
(h) the operation has been in a state of temporary cessation for six or more years; or
(i) the department determines, following an eligibility review and determination as described in ARM 17.24.1265, that the owner or operator is not eligible for a permit.
(5) In determining whether to approve or deny a renewal, the burden must be on the opponents of renewal.
(6) The department shall send copies of its decision to the applicant, to 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.
(7) Any person having an interest which is or may be adversely affected by the decision of the department has the right to administrative review pursuant to ARM 17.24.425.
(8) An operating permit need not be renewed for a site at which coal extraction, processing, and handling have been completed. Permit expiration does not relieve the operator of the duty to comply with the Act, this subchapter, and the permit and to retain the bond and liability insurance in full force and effect until final bond release.
History: 82-4-204, MCA; IMP, 82-4-221, 82-4-226, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1994 MAR p. 2957, Eff. 11/11/94; AMD, 1995 MAR p. 2263, Eff. 10/27/95; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 1999 MAR p. 2768, Eff. 12/3/99; AMD, 2004 MAR p. 2548, Eff. 10/22/04; AMD, 2012 MAR p. 737, Eff. 4/13/12.