A. Upon the basis of a complete mining application and reclamation plan or arevision or renewal thereof, as required by the federal act and pursuant tothe approved permanent state regulatory program, including publicnotification and opportunity for public hearing, the Director shall grant,require modification of, or deny the application for a permit in a reasonabletime established by regulation and shall notify the applicant in writing. Theapplicant shall have the burden of establishing that the application is incompliance with all the requirements of the permanent state regulatoryprogram. Within ten days after the granting of a permit the Director shallnotify the government officials in the city or county in which the area ofland to be affected is located that a permit has been issued and shalldescribe the location of the land.
B. No permit or revision application shall be approved unless the applicationaffirmatively demonstrates, and the Director finds in writing on the basis ofthe information set forth in the application or from information otherwiseavailable which will be documented in the approval and made available to theapplicant, that:
1. The permit application is accurate and complete and that all therequirements of the federal act and the permanent state regulatory programhave been complied with;
2. The applicant has demonstrated that reclamation as required by the federalact and the permanent state regulatory program can be accomplished under thereclamation plan contained in the permit application;
3. The assessment of the probable cumulative impact of all anticipated miningin the area on the hydrologic balance has been made by the Director inaccordance with regulation and the proposed operation has been designed toprevent material damage to hydrologic balance outside the permit area;
4. The area proposed to be mined is not included within an area designatedunsuitable for coal surface mining pursuant to this chapter nor is it withinan area under study for such designation in an administrative proceedingcommenced pursuant to this chapter, unless in such an area as to which anadministrative proceeding has commenced, the applicant demonstrates thatprior to January 1, 1977, he made substantial legal and financial commitmentsin relation to the operation for which he seeks a permit;
5. In cases where the private mineral estate has been severed from theprivate surface estate, the applicant has submitted to the Director:
a. The written consent of the surface owner to the extraction of coal bysurface mining methods; or
b. A conveyance that expressly grants or reserves the right to extract thecoal by surface mining methods; or
c. If the conveyance does not expressly grant the right to extract coal bysurface mining methods, the surface-subsurface legal relationship shall bedetermined in accordance with the laws of this Commonwealth; provided,however, that nothing herein shall be construed to authorize the Director toadjudicate property rights disputes.
C. The applicant shall file with his permit application a schedule listingany and all notices of violations of the federal act, this chapter and anylaw, rule or regulation of the United States or of this Commonwealth or ofany department or agency in the United States pertaining to air or waterenvironmental protection, incurred by the applicant in connection with anycoal surface mining operation during the three-year period preceding the dateof application. The schedule shall also indicate the final resolution of anysuch notice of violation. Where the schedule or other information availableto the Director indicates that any coal surface mining operation owned orcontrolled by the applicant is currently in violation of the laws referred toin this subsection, the permit shall not be issued until the applicantsubmits proof that such violation has been corrected or is in the process ofbeing corrected to the satisfaction of the authority, department or agencywhich has jurisdiction over such violation, and no permit shall be issued toan applicant after a finding by the Director after opportunity for a hearing,that the applicant, or the operator specified in the application, controls orhas controlled mining operations with a demonstrated pattern of willfulviolations of the federal act or this chapter of such nature and durationwith such resulting irreparable damage to the environment as to indicate anintent not to comply with the federal act or this chapter.
D. In addition to finding the application in compliance with subsection B ofthis section, if the area proposed to be mined contains prime farmlandpursuant to § 507 (b) (16) of the federal act, the Director shall comply withapplicable regulations issued by the Secretary in determining whether toissue a permit for such area.
A. Upon the basis of a complete mining application and reclamation plan or arevision or renewal thereof, as required by the federal act and pursuant tothe approved permanent state regulatory program, including publicnotification and opportunity for public hearing, the Director shall grant,require modification of, or deny the application for a permit in a reasonabletime established by regulation and shall notify the applicant in writing. Theapplicant shall have the burden of establishing that the application is incompliance with all the requirements of the permanent state regulatoryprogram. Within ten days after the granting of a permit the Director shallnotify the government officials in the city or county in which the area ofland to be affected is located that a permit has been issued and shalldescribe the location of the land.
B. No permit or revision application shall be approved unless the applicationaffirmatively demonstrates, and the Director finds in writing on the basis ofthe information set forth in the application or from information otherwiseavailable which will be documented in the approval and made available to theapplicant, that:
1. The permit application is accurate and complete and that all therequirements of the federal act and the permanent state regulatory programhave been complied with;
2. The applicant has demonstrated that reclamation as required by the federalact and the permanent state regulatory program can be accomplished under thereclamation plan contained in the permit application;
3. The assessment of the probable cumulative impact of all anticipated miningin the area on the hydrologic balance has been made by the Director inaccordance with regulation and the proposed operation has been designed toprevent material damage to hydrologic balance outside the permit area;
4. The area proposed to be mined is not included within an area designatedunsuitable for coal surface mining pursuant to this chapter nor is it withinan area under study for such designation in an administrative proceedingcommenced pursuant to this chapter, unless in such an area as to which anadministrative proceeding has commenced, the applicant demonstrates thatprior to January 1, 1977, he made substantial legal and financial commitmentsin relation to the operation for which he seeks a permit;
5. In cases where the private mineral estate has been severed from theprivate surface estate, the applicant has submitted to the Director:
a. The written consent of the surface owner to the extraction of coal bysurface mining methods; or
b. A conveyance that expressly grants or reserves the right to extract thecoal by surface mining methods; or
c. If the conveyance does not expressly grant the right to extract coal bysurface mining methods, the surface-subsurface legal relationship shall bedetermined in accordance with the laws of this Commonwealth; provided,however, that nothing herein shall be construed to authorize the Director toadjudicate property rights disputes.
C. The applicant shall file with his permit application a schedule listingany and all notices of violations of the federal act, this chapter and anylaw, rule or regulation of the United States or of this Commonwealth or ofany department or agency in the United States pertaining to air or waterenvironmental protection, incurred by the applicant in connection with anycoal surface mining operation during the three-year period preceding the dateof application. The schedule shall also indicate the final resolution of anysuch notice of violation. Where the schedule or other information availableto the Director indicates that any coal surface mining operation owned orcontrolled by the applicant is currently in violation of the laws referred toin this subsection, the permit shall not be issued until the applicantsubmits proof that such violation has been corrected or is in the process ofbeing corrected to the satisfaction of the authority, department or agencywhich has jurisdiction over such violation, and no permit shall be issued toan applicant after a finding by the Director after opportunity for a hearing,that the applicant, or the operator specified in the application, controls orhas controlled mining operations with a demonstrated pattern of willfulviolations of the federal act or this chapter of such nature and durationwith such resulting irreparable damage to the environment as to indicate anintent not to comply with the federal act or this chapter.
D. In addition to finding the application in compliance with subsection B ofthis section, if the area proposed to be mined contains prime farmlandpursuant to § 507 (b) (16) of the federal act, the Director shall comply withapplicable regulations issued by the Secretary in determining whether toissue a permit for such area.
A. Upon the basis of a complete mining application and reclamation plan or arevision or renewal thereof, as required by the federal act and pursuant tothe approved permanent state regulatory program, including publicnotification and opportunity for public hearing, the Director shall grant,require modification of, or deny the application for a permit in a reasonabletime established by regulation and shall notify the applicant in writing. Theapplicant shall have the burden of establishing that the application is incompliance with all the requirements of the permanent state regulatoryprogram. Within ten days after the granting of a permit the Director shallnotify the government officials in the city or county in which the area ofland to be affected is located that a permit has been issued and shalldescribe the location of the land.
B. No permit or revision application shall be approved unless the applicationaffirmatively demonstrates, and the Director finds in writing on the basis ofthe information set forth in the application or from information otherwiseavailable which will be documented in the approval and made available to theapplicant, that:
1. The permit application is accurate and complete and that all therequirements of the federal act and the permanent state regulatory programhave been complied with;
2. The applicant has demonstrated that reclamation as required by the federalact and the permanent state regulatory program can be accomplished under thereclamation plan contained in the permit application;
3. The assessment of the probable cumulative impact of all anticipated miningin the area on the hydrologic balance has been made by the Director inaccordance with regulation and the proposed operation has been designed toprevent material damage to hydrologic balance outside the permit area;
4. The area proposed to be mined is not included within an area designatedunsuitable for coal surface mining pursuant to this chapter nor is it withinan area under study for such designation in an administrative proceedingcommenced pursuant to this chapter, unless in such an area as to which anadministrative proceeding has commenced, the applicant demonstrates thatprior to January 1, 1977, he made substantial legal and financial commitmentsin relation to the operation for which he seeks a permit;
5. In cases where the private mineral estate has been severed from theprivate surface estate, the applicant has submitted to the Director:
a. The written consent of the surface owner to the extraction of coal bysurface mining methods; or
b. A conveyance that expressly grants or reserves the right to extract thecoal by surface mining methods; or
c. If the conveyance does not expressly grant the right to extract coal bysurface mining methods, the surface-subsurface legal relationship shall bedetermined in accordance with the laws of this Commonwealth; provided,however, that nothing herein shall be construed to authorize the Director toadjudicate property rights disputes.
C. The applicant shall file with his permit application a schedule listingany and all notices of violations of the federal act, this chapter and anylaw, rule or regulation of the United States or of this Commonwealth or ofany department or agency in the United States pertaining to air or waterenvironmental protection, incurred by the applicant in connection with anycoal surface mining operation during the three-year period preceding the dateof application. The schedule shall also indicate the final resolution of anysuch notice of violation. Where the schedule or other information availableto the Director indicates that any coal surface mining operation owned orcontrolled by the applicant is currently in violation of the laws referred toin this subsection, the permit shall not be issued until the applicantsubmits proof that such violation has been corrected or is in the process ofbeing corrected to the satisfaction of the authority, department or agencywhich has jurisdiction over such violation, and no permit shall be issued toan applicant after a finding by the Director after opportunity for a hearing,that the applicant, or the operator specified in the application, controls orhas controlled mining operations with a demonstrated pattern of willfulviolations of the federal act or this chapter of such nature and durationwith such resulting irreparable damage to the environment as to indicate anintent not to comply with the federal act or this chapter.
D. In addition to finding the application in compliance with subsection B ofthis section, if the area proposed to be mined contains prime farmlandpursuant to § 507 (b) (16) of the federal act, the Director shall comply withapplicable regulations issued by the Secretary in determining whether toissue a permit for such area.
