444.840. Revision of permit, procedure--transfer or assignment to have prior approval--commission may require permit revision--operator may be released from liability.
Revision of permit, procedure--transfer or assignment to have priorapproval--commission may require permit revision--operator may bereleased from liability.
444.840. 1. (1) During the term of the permit thepermittee may submit an application for a revision of the permit,together with a revised reclamation plan, to the commission.
(2) An application for a revision of a permit shall not beapproved unless the commission or the director finds thatreclamation can be accomplished under the revised reclamationplan. The revision shall be approved or disapproved within aperiod of time established by the commission. The commissionshall establish guidelines for a determination of the scale orextent of a revision request for which all permit applicationinformation requirements and procedures, including notice andhearings, shall apply; provided, that any revisions which proposesignificant alterations in the reclamation plan shall, at aminimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit exceptincidental boundary revisions must be made by application foranother permit.
2. No transfer, assignment, or sale of the rights grantedunder any permit issued pursuant to this law shall be madewithout the written approval of the commission.
3. The commission shall, within a time limit prescribed inregulations promulgated by the commission, review outstandingpermits and may require reasonable revision or modification ofthe permit provisions during the term of such permit; provided,that such revision or modification shall be based upon a writtenfinding and subject to notice and hearing requirementsestablished by rule or regulation.
4. Where one operator succeeds another at any uncompletedoperation, either by sale, assignment, lease or otherwise, thecommission may release the first operator from all liabilityunder this law as to that particular operation, but only if thesuccessor operator applies for and qualifies for a permit andassumes as part of his obligation all liability for thereclamation of the area of land affected by the former operatorand sufficient bond is filed with the commission as provided insection 444.830. The successor operator shall not be required topay the acre fee for any acre or fraction thereof for which a feehas already been paid.
(L. 1979 H.B. 459)