§ 34-33-115 — Revision of permit

(1) (a) During the term of the permit, the
permittee may submit an application for revision of the permit, together with any
necessary revisions to the reclamation plan, to the office.

(b) An application for revision of a permit shall not be approved unless the
office finds that the reclamation required by this article can be accomplished under
any necessary revisions to the reclamation plan. The revisions shall be approved or
disapproved within the time periods provided for by sections 34-33-118 and 34-33-119. The board shall, by regulation, establish guidelines for a determination of the
scale or extent of a revision request for which all permit application information
requirements and procedures, including notice and hearings, shall apply; except
that any revisions which propose significant alterations in the reclamation plan
shall be subject to notice and hearing requirements.

(c) Any applications for extension of the area covered by the permit, except
incidental boundary revisions, must be made by application for a permit revision or
another permit.

(2) No transfer, assignment, or sale of rights granted under any permit
issued pursuant to this article shall be made without the written approval of the
division.

(3) The office shall, within a time limit prescribed in regulations promulgated
by the board, review outstanding permits and may, for good cause shown, require
reasonable revisions or modifications of the permit provisions during the term of
each such permit; except that such revisions or modifications shall be based upon
written findings and shall be subject to the notice and hearing requirement
established by this article.

Legislative History

Source: L. 79: Entire article added, p. 1270, � 1, effective July 1. L. 92: Entire section amended, p. 1952, � 58, effective July 1. L. 95: (1)(c) amended, p. 148, � 3, effective April 7.