(a) Contents. Complete applications for renewals of
a permit shall be made within the time prescribed by §12.106(b)(2)
of this title (relating to Permit Application Filing Deadlines). Renewal
applications shall be in a form and with contents required by the
Commission under the regulatory program and in accordance with subsection
(b)(2) of this section, including, at a minimum, the following:
(1) a statement of 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 newspaper notice and proof of publication
of same under §12.207(a) of this title (relating to Public Notices
of Filing of Permit Applications); and
(3) Evidence that liability insurance policy or adequate
self-insurance under §12.311 of this title (relating to Terms
and Conditions for Liability Insurance) will be provided by the applicant
for the proposed period of renewal.
(b) Processing and review.
(1) Complete applications for renewal shall be subject
to the requirements of public notification and participation contained
in §§12.207 - 12.209 of this title (relating to Public Notices
of Filing of Permit Applications, to Opportunity for Submission of
Written Comments on Permit Applications, and to Right to File Written
Objections).
(2) If a complete application for renewal of a permit
includes a proposal to extend the mining and reclamation operation
beyond the boundaries authorized in the existing permit, the portion
of the complete application for renewal of a valid permit which addresses
any new land areas shall be subject to the full standards applicable
to new permit applications under the Act, §§12.103 - 12.108
of this title (relating to General Requirements for Permits and Permit
Applications), §§12.116 - 12.123, 12.124 - 12.138, and 12.139
- 12.154 of this title (relating to Surface Mining Permit Applications--Minimum
Requirements for Legal, Financial, Compliance, and Related Information,
to Surface Mining Permit Applications--Minimum Requirements for Information
on Environmental Resources, and to Surface Mining Permit Applications--Minimum
Requirements for Reclamation and Operation Plan), §§12.156
- 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title (relating
to Underground Mining Permit Applications--Minimum Requirements for
Legal, Financial, Compliance, and Related Information, to Underground
Mining Permit Applications--Minimum Requirements for Information on
Environmental Resources, and to Underground Mining Permit Applications--Minimum
Requirements for Reclamation and Operation Plan), §§12.200
- 12.205 of this title (relating to Requirements for Permits for Special
Categories of Mining), §§12.207 - 12.221 of this title (relating
to Review, Public Participation and Approval of Permit Applications
and Permit Terms and Conditions), §12.222 and §12.223 of
this title (relating to Administrative and Judicial Review of Decisions
by Commission on Permit Applications), §§12.225 - 12.227,
this section, and §§12.229 - 12.233 of this title (relating
to Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and
Assignment of Rights Granted Under Permits), and Subchapter J of this
chapter (relating to Bond and Insurance Requirements for Surface Coal
Mining and Reclamation Operations).
(3) If the surface coal mining reclamation operations
authorized under the original permit were not subject to the standards
contained in §134.066(a)(5) of the Act and §12.202 of this
title (relating to Surface Coal Mining and Reclamation Operations
On Areas or Adjacent to Areas Including Alluvial Valley Floors In
The Arid or Semiarid Areas West of The 100th Meridian), because the
permittee complied with the exceptions in §134.066(c) of the
Act, the portion of the application for renewal of the permit which
addresses any new land areas previously identified in the reclamation
plan submitted pursuant to §§12.139 - 12.154 of this title
(relating to Surface Mining Permit Applications--Minimum Requirements
for Reclamation and Operation Plan), or §§12.185 - 12.199
of this title (relating to Underground Mining Permit Applications--Minimum
Requirements for Reclamation and Operation Plan) for the original
permit shall not be subject to the standards contained in §134.066(a)(5)
of the Act and §12.202 of this title (relating to Surface Coal
Mining and Reclamation Operations On Areas or Adjacent to Areas Including
Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th
Meridian).
(4) Before finally acting to grant the permit renewal,
the Commission shall require any additional performance bond needed
by the permittee to comply with the requirements of §12.230(a)(4)
of this title (relating to Permit Renewals: Approval or Denial) to
be filed with the Commission.
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Source Note: The provisions of this §12.228 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121 |