Section 880-X-8M-.11 - Transfer, Assignment, or Sale Of Permit Rights (Alabama Administrative Code)

§ 880-X-8M-.11. Transfer, Assignment, or Sale Of Permit Rights

(1) General. No transfer, assignment, or sale of rights granted by a permit shall be made without the prior written approval of the Regulatory Authority.

(2) Application requirements. An applicant for approval of the transfer, assignment, or sale of permit rights shall --

(a) Provide the Regulatory Authority with an application for approval of the proposed transfer, assignment, or sale including --

1. The name and address of the existing permittee and permit number or other identifier;

2. A brief description of the proposed action requiring approval; and

3. The legal, financial, compliance, and related information required by Section 880-X-8D and 880-X-8G for the applicant for approval of the transfer, assignment, or sale of permit rights.

(b) Advertise the filing of the application in a newspaper of general circulation in the locality of the operations involved, indicating the name and address of the applicant, the permittee, the permit number or other identifier, the geographic location of the permit, and the address to which written comments may be sent;

(c) Obtain appropriate performance bond coverage in an amount sufficient to cover the proposed operations, as required under Chapter 880-X-9.

(3) Public participation. Any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Regulatory Authority within thirty (30) days after the last publication of the newspaper notice required by paragraph (2)(b) of this section.

(4) Criteria for approval. The Regulatory Authority may allow a permittee to transfer, assign, or sell permit rights to a successor, if it finds in writing that the successor --

(a) Is eligible to receive a permit in accordance with Section 880-X-8K-.10(2) and (3).

(b) Has submitted a performance bond or other guarantee, or obtained the bond coverage of the original permittee, as required by Chapter 880-X-9.

(5) Notification.

(a) The Regulatory Authority shall notify the permittee, the successor, commenters, and OSM, if OSM is not the Regulatory Authority, of its findings.

(b) The successor shall immediately provide notice to the Regulatory Authority of the consummation of the transfer, assignment, or sale of permit rights.

(6) Continued operation under existing permit. The successor in interest shall assume the liability and reclamation responsibilities of the existing permit and shall conduct the surface coal mining and reclamation operations in full compliance with the Act, the regulatory program, and the terms and conditions of the existing permit, unless the applicant has obtained a new or revised permit as provided in this subchapter.

Author: Randall C. Johnson

Statutory Authority: Code of Ala. 1975, § 9-16-107.

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