§ 34-33-116 — Technical revision of permit - regulations

(1) During the term of
the permit, the permittee may submit an application for a technical revision of the
permit to the office.

(2) An application for a technical revision of a permit shall contain:

(a) An identification of the permit by permit number or other appropriate
reference which is the subject of the technical revision;

(b) A specific description of the requested change in the terms of the permit;
and

(c) Such other information as may be necessary for the office to properly
evaluate the technical revision.

(3) Consistent with the provisions of subsection (2) of this section, the board
may promulgate regulations further defining the form and content of applications
for technical revisions; except that applications for technical revisions shall not be
subject to the full standards and information requirements applicable to new
permit applications under this article; and except that the board or office may
reasonably request additional information to evaluate the proposed technical
revision.

(4) The board shall promulgate regulations providing for the processing of
applications for technical revisions, which regulations shall provide for adequate
public notice of such applications and an opportunity for an expeditious hearing
before the board for any person who may be adversely affected by the proposed
technical revision.

(5) Within sixty days after the filing of a complete application for a technical
revision, the office shall issue a proposed decision approving or denying the
application in whole or in part. A written copy of such decision shall be promptly
provided to the permittee and shall be published once in a newspaper of general
circulation in the locality of the affected surface coal mining operation. Any
requests for a hearing regarding the proposed decision of the office must be
received in writing by the office within ten days after such publication. If no request
for a hearing is received within such ten-day period, the proposed decision of the
office shall immediately become final.

Legislative History

Source: L. 79: Entire article added, p. 1271, � 1, effective July 1. L. 92: Entire section amended, p. 1953, � 59, effective July 1.