Section 77.51. License requirement

(a) Operator’s license required. A person who conducts noncoal surface mining as an operator within this Commonwealth shall first obtain a noncoal surface mining operator’s license from the Department.

(b) Noncoal surface mining operator’s license application. Application for license shall be made in writing on forms prepared and furnished by the Department and contain information pertaining to:

(1) Identification of ownership.

(2) Public liability insurance when required by section 5(e) of the act (52 P. S. § 3305(e)).

(3) Compliance information.

(c) Identification of ownership. The application shall indicate whether the applicant is a corporation, partnership, single proprietorship, association or other business entity. For business entities other than single proprietorships, the application shall contain the following information if applicable:

(1) The name and address of the applicant, including partners, associates, officers, parent or subsidiary corporations.

(2) The names under which an applicant listed in paragraph (1) previously operated a mining operation in this Commonwealth within 5 years preceding the date of application.

(d) Public liability insurance. When required by section 5(e) of the act, the applicant shall provide a certificate of insurance for the term of the license covering surface mining activities of the applicant in this Commonwealth under § 77.231 (relating to terms and conditions for liability insurance).

(e) Refusal to issue or renew license. The Department will not issue a noncoal surface mining operator’s license or renew or amend a license if it finds, after investigation and an opportunity for informal hearing, that a person, partner, associate, officer, parent corporation or subsidiary corporation has been subject to a bond forfeiture under the act and environmental acts or has failed to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree under the act and environmental acts. The Department will not renew a license for an operator who uses the provisions for payment in lieu of bond unless the operator submits his annual payment with the license renewal application. The Department will not renew a noncoal mining operator’s license for an applicant who has not made full payment of the annual administration fee required under § 77.106(f) (relating to fees). A person who opposes the Department’s decision on issuance or renewal of a license has the burden of proof.

(f) License renewal requirements.

(1) A person licensed as a noncoal surface mining operator shall renew the license annually according to the schedule established by the Department.

(2) Notice of license renewal and filing of an application for license renewal shall conform to the following:

(i) The Department will notify the licensee in writing at least 60 days prior to the expiration of the current license to renew the license. The applicant shall be responsible for filing a license renewal application prior to the expiration of the current license.

(ii) If the Department does not intend to renew a license, the Department will notify the licensee, a minimum of 60 days prior to expiration of the license. This section does not prevent the Department from not renewing the license for violations occurring or continuing within this 60-day period if the Department provides an opportunity for an informal hearing.

The provisions of this § 77.51 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1971, 11 Pa.B. 1927; reserved July 30, 1982, effective July 31, 1982, 12 Pa.B. 2382; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended October 12, 2013, effective October 13, 2013, 42 Pa.B. 6536. Immediately preceding text appears at serial pages (313454) to (313455).

Notation

Authority

The provisions of this § 77.51 amended under section 7(a) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3307(a)).

Cross References

This section cited in 25 Pa. Code § 77.53 (relating to suspension and revocation).