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Part 421: Permits

Please note: the fee requirements of this regulation have been superceded by a change in statute. Mining permit annual regulatory fees will be assessed in accordance with the statute.

(Statutory authority: Environmental conservation Law, §§3-0301, 8-0109, 23-2711, 23-2721)

[Effective January 18, 1995]

[page 1 of 1]

Contents:

Sec.

§421.1 General Provisions

(a) After September 1, 1991, any person who mines or proposes to mine from each mine site more than 1,000 tons or 750 cubic yards of minerals, whichever is less, from the earth within 12 successive calendar months or who mines or proposes to mine over one hundred cubic yards of minerals from or adjacent to any body of water not subject to the jurisdiction of article 15 of the environmental conservation law or to the public lands law shall not engage in such mining unless a permit for such mining operation has been obtained from the department. A separate permit shall be obtained for each mine site.

(b) A mining permit issued by the department shall consist of two parts. Part one shall be a permit certificate, or a copy of such certificate certified by the department, to be prominently displayed by the permittee at the site of the mine. The permit certificate must at all times be visible, legible and protected from the elements. Part two shall be the application and other documents on file with the department including such terms and conditions as may be imposed. The documents constituting part two shall be available for inspection at the department's headquarters for the region in which the mine is located and at the local office of the permittee for use by department personnel.

(c) All permits shall be conditioned upon compliance with an approved mined land use plan. The department may also impose, as terms of the permit, such conditions as it may deem necessary or appropriate to satisfy the provisions of title 27 or this Subchapter.

(d) A mining permit will not be issued for an existing mine nor renewed for any mine if there is a finding, after notice and hearing, or a departmental order that the operation of the mine is in violation of any provision of the Environmental Conservation Law, or rule or regulation promulgated thereunder unless the applicant or permittee is in compliance with a schedule of abatement of such violation, or if there is no applicable schedule the applicant or permittee agrees to such a schedule or the department imposes one as a condition of the permit.

(e) Mining permits shall expire either annually or at the end of five years depending on the issue and expiration dates and may be renewed upon application to the department at least 30 days prior to the expiration date of the permit. A renewal application shall be submitted to the department pursuant to the provisions of title 27 and shall be accompanied by a report, in accordance with section 422.4 of this title, which shall be reviewed by the department prior to renewing a mining permit. A renewal application shall contain the following:

(i) completed application forms; (ii) an updated mining plan map consistent with the provisions of title 27 and including an identification of the area to be mined during the proposed permit term; (iii) a description of any changes to the mined land-use plan; and (iv) an identification of reclamation accomplished during the existing permit term.

Upon completion of the department's review process, the permittee shall be notified of any change in financial responsibility, or in the conditions imposed pursuant to subdivision (c) of this section.

(f) The department may refuse to issue or transfer a permit to any applicant who has had a mining permit issued pursuant to title 27 revoked, or who has had a reclamation bond or other security forfeited. If any officer of an applicant has been an officer of a corporation which has had a mining permit issued pursuant to title 27 revoked, or which has had a reclamation bond or other security forfeited, the department shall investigate the responsibility, if any, of the individual in question for the acts or omissions which were the grounds of such revocation or forfeiture. If the department finds that such individual was responsible, in whole or in part, for such revocation or forfeiture, the department may refuse to issue a permit to the corporate applicant of which such individual is an officer. If the department finds that the individual was not responsible, in whole or in part, for the acts or omissions which were the grounds of such revocation or forfeiture, the department shall issue a permit to such an applicant if otherwise entitled thereto.

§421.2 Permit Term and Fees

(a) Applications for permits may be submitted for annual terms not to exceed five years.

(b) All persons required to obtain a permit or approval or subject to regulation under this title shall submit annually to the department a fee in the amount to be determined for affected land as follows:

(i) four hundred dollars for minor projects; or (ii) seven hundred dollars for affected land of an acreage equal to or less than five acres; or (iii) nine hundred dollars for affected land of an acreage greater than five acres and equal to or less than ten acres; or (iv) twelve hundred dollars for affected land of an acreage greater than ten acres and equal to or less than twenty acres; or (v) one thousand five hundred dollars for affected land of an acreage greater than twenty acres and equal to or less than thirty acres; or (vi) two thousand dollars for affected land of an acreage greater than thirty acres.

(c) Liability for fees authorized by this title shall be as follows:

(i) for persons holding permits or approvals or subject to regulation under this title on January first in any year beginning with the year nineteen hundred ninety-one, liability for fees shall commence on January first; (ii) for persons receiving new permits or approvals or subject to regulation under this title after September first, nineteen hundred ninety-one, liability for fees shall equal the annual fee established pursuant to this title and shall be prorated from the date of issuance; (iii) for all persons holding permits or approvals, or subject to regulation under this title liability to pay annual fees shall continue until such time as reclamation has been completed and approved by the department and any required financial security has been released, and shall be prorated to the date of approval by the department.

(d) Notwithstanding any other provision of law, counties, cities, towns and villages shall be exempted from the fees for the permit, application, amendment and renewal required by this article.

§421.3 Refusal to Renew, Suspension or Revocation

(a) The department may refuse to renew a permit, in whole or in part, upon a finding that the permittee is in repeated or willful violation of any of the terms of the permit; title 27; or any rule, regulation, standard, or condition promulgated pursuant thereto. When the department denies an application for renewal of a permit, the permit shall expire as scheduled unless a hearing is requested by the permittee prior to said expiration date. In the latter case, the permit will be extended until a date which an order of the department made after such hearing may provide. Such extension shall not be construed as condonation by the department of the permittee's actions prior to or during the extension period.

(b) The department may suspend or revoke a permit, in whole or in part, upon a finding that the permittee is in repeated or willful violation of any of the terms of the permit, or provisions of title 27, or for repeated or willful deviation from the mined land-use plan. Suspension or revocation of a permit shall become effective 15 days after the mailing or service of notice to the permittee unless a hearing requested by the permittee, in which case such action will be effective upon any date which an order of the department made after such hearing may provide.