Section 53-9-23 - Surface coal mining and reclamation permit-reissuance(1) Any permit shall have the right of successive reissuance upon expiration for the areas within the boundaries of the existing permit. The burden of proving that the permit should not be reissued shall be on opponents of reissuance or the department. The holders of the permit may apply for reissuance and after meeting the public notice requirements of Sections 53-9-37 and 53-9-39, that permit shall be reissued unless it is established by the opponents to reissuance or the department, and written findings are made by the permit board stating that: (a) The permittee is not satisfactorily meeting the terms and conditions of the existing permit;(b) The surface coal mining and reclamation operation is not in compliance with the environmental protection standards of this chapter and the regulations applicable to the existing permit;(c) The reissuance requested substantially jeopardizes the operator's continuing responsibility on existing permit areas;(d) The operator has not provided evidence that the performance bond, or any additional bond the permit board may require under Section 53-9-31, which is in effect for that operation, will continue in full force and effect for any period of reissuance requested in the application; or(e) The operator has failed to provide any additional, revised or updated information required by the department or the permit board. Before granting the reissuance of any permit, the permit board shall provide notice to the public authorities described in Section 53-9-39(1)(b).
(2) If an application for reissuance of a permit includes a proposal to extend the surface coal mining operation beyond the boundaries authorized in the existing permit, the portion of the application for reissuance of the permit which addresses any new land areas shall be subject to the requirements applicable to new applications under this chapter.(3) Any permit reissuance shall be for a term not to exceed the period of the original permit established by this chapter. Application for permit reissuance shall be filed at least one hundred eighty (180) days before the expiration of the permit. If an application for reissuance is timely filed, the operator may continue surface coal mining operations under the existing permit until the permit board takes action on the reissuance application.Laws, 1979, ch. 477, § 11(5); Laws, 1997, ch. 306, § 11, eff. 3/10/1997.