38 §489-C. Rescission
Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 6: SITE LOCATION OF DEVELOPMENT
§489-C. Rescission
The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met: [1995, c. 493, §9 (AMD).]
1. Development other than a subdivision. The permittee has not constructed or caused to be constructed, or operated or caused to be operated, a development other than a subdivision as defined at the time of permit issuance;
[ 1995, c. 493, §9 (AMD) .]
2. Subdivision. If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or
[ 1995, c. 493, §9 (AMD) .]
3. Reclamation following borrow, clay or topsoil mining. If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that:
A. The affected area has been successfully reclaimed; [1995, c. 493, §9 (NEW).]
B. There are not continuing requirements; and [1995, c. 493, §9 (NEW).]
C. There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department. [RR 1995, c. 2, §99 (COR).]
[ RR 1995, c. 2, §99 (COR) .]
A rescission is considered a minor revision. [1993, c. 383, §29 (NEW).]
SECTION HISTORY
RR 1993, c. 1, §122 (RNU). 1993, c. 383, §29 (NEW). RR 1995, c. 2, §99 (COR). 1995, c. 493, §9 (AMD).