|(a) A revision to a permit shall be obtained:
(1) for changes in the surface coal mining or reclamation
operations described in the original application and approved under
the original permit, when such changes constitute a significant departure
from the method of conduct of mining or reclamation operations contemplated
by the original permit. Significant departures would include any change
in permit area, mining method or reclamation procedure, which would,
in the opinion of the Commission, significantly change the effect
the mining operation would have on either those persons impacted by
the permitted operation or on the environment;
(2) when required by an order issued under §12.225
of this title (relating to Commission Review of Outstanding Permits);
(3) in order to continue operation after the cancellation
or material reduction of the liability insurance policy, capability
of self-insurance, performance bond, or other equivalent guarantee
upon which the original permit was issued; or
(4) as otherwise required under the regulatory program.
(b) The application for revision shall be filed in
accordance with the following:
(1) the permittee shall submit the application to the
Commission within the time provided for in §12.106(b)(3) of this
title (relating to Permit Application Filing Deadlines);
(2) any application for a revision which proposes significant
alterations in the operations described in the materials submitted
in the application for the original permit under §§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), or §§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) or in the conditions
of the original permit, shall, at a minimum, be subject to the requirements
of §§12.207 - 12.221 of this title (relating to Review,
Public Participation, and Approval of Permit Applications and Permit
Terms and Conditions), and §12.222 and §12.223 of this title
(relating to Administrative and Judicial Review of Decisions by Commission
on Permit Applications).
(A) Application requirements. Permit revision requests
shall be submitted on the Permit Application Form (SMRD-1C) with only
the applicable portions showing changes or additions being completed.
(B) Notice and hearing. Notice as for a new permit
application is required whenever new landowners will be affected.
If objections to the revision are received and a hearing is requested,
the Commission shall schedule and hold a public hearing as required
for an original application.
(c) The Commission shall approve or disapprove the
complete application for revision within 90 days from receipt in accordance
with the requirements of §§12.207 - 12.221 of this title
(relating to Review, Public Participation, and Approval of Permit
Applications and Permit Terms and Conditions) and the Act.
(d) Proposed revisions must be approved by the Commission
prior to commencement of the proposed change.
(e) Any extensions to the area covered by a permit,
except for incidental boundary revisions, shall be made by application
for a new permit and shall not be approved under §§12.225,
this section, and §§12.227 - 12.233 of this title (relating
to Permit Reviews, Revisions, and Renewals, and Transfer, Sale, and
Assignment of Rights Granted Under Permits).
|Source Note: The provisions of this §12.226 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