49-410. Amendment of permit, application; requirements; limitation on transfer, assignment or sale of rights granted under permit; revision or modification of permit.
49-410
49-410. Amendment of permit, application; requirements; limitation ontransfer, assignment or sale of rights granted under permit; revision ormodification of permit.(a) (1) During the term of the permit an operator may submit an applicationto amend the permit, together with a revised reclamation plan, to the department.
(2) An application to amend a permit shall not be approved unless thesecretary finds that reclamation as required by this act can be accomplishedunder the amended reclamation plan. The amended plan shall be approvedor disapproved within a period of time established by the secretary,and the secretary shall establish guidelines for a determination ofthe scale or extentof an amendment request for which all permit application information requirementsand procedures, including notice and hearings, shall apply. Any amendmentswhich propose significant alterations in the reclamation plan shall, ata minimum, be subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except incidentalboundary revisions must be made by application for another permit.
(b) No transfer, assignment, or sale of the rights granted under any permitissued pursuant to this act shall be made without the written approval ofthe secretary.
(c) The department within a time limit prescribed inregulations promulgatedby the secretary, shall review outstanding permits and mayrequire reasonable revisionor modification of the permit provisions during the term of such permit.Such revision or modification shall be based upon written findings and subjectto notice and hearing requirements.
History: L. 1968, ch. 395, § 10; L. 1978, ch. 208, § 9; L. 1979,ch. 169, § 7;L. 1988, ch. 192, § 18;L. 1990, ch. 194, § 2; July 1.