§ 15-58-506 - Permit renewal.
15-58-506. Permit renewal.
(a) Any valid permit issued pursuant to this chapter shall carry with it the right to successive renewal upon expiration with respect to areas within the boundaries of the existing permit. The holders of the permit may apply for renewal, and renewal shall be issued unless the opponents of renewal have established, and the commission finds in writing, that:
(1) The terms and conditions of the existing permit are not being satisfactorily met;
(2) The present surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the regulations issued pursuant to this chapter;
(3) The renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;
(4) The operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in such application as well as any additional bond the regulatory authority might require pursuant to 15-58-509; or
(5) Any additional revised or updated information required by the regulatory authority has not been provided. Prior to the approval of any renewal of permit, the commission shall provide notice to the appropriate public authorities.
(b) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter.
(c) Any permit renewal shall be for a term not to exceed the period of the original permit established by this chapter. Application for the permit renewal shall be made at least one hundred twenty (120) days prior to the expiration of the valid permit.