§ 77.143. Permit renewals.
(a) NPDES permit renewals. An application for renewal of an NPDES permit shall be filed with the Department at least 180 days before the expiration date of the NPDES permit in question. A renewal application shall be filed in the format required by the Department.
(b) Mine permit renewals—general requirements.
(1) A valid, existing permit issued by the Department will carry with it the presumption of successive renewals upon expiration of the term of the permit. Successive renewals will be available only for areas which were specifically approved by the Department on the application for the existing permit.
(2) A permit renewal will not be available for extending the acreage of the operation beyond the boundaries of the permit area approved under the existing permit. Addition of acreage to the operation will be considered under § 77.141(e) and (f) (relating to permit revisions). A request for permit revision may accompany a request for renewal and shall be supported with the information required for application as described in this chapter.
(3) A complete application for renewal of a permit, as established in this chapter, shall be filed with the Department at least 180 days before the expiration date of the particular permit in question. A renewal application shall be filed in the format required by the Department.
(4) An application for renewal is subject to the requirements of public notification and participation of § 77.121 (relating to public notices of filing of permit applications).
(5) A permit renewal shall be for a term not to exceed the period of the original permit.
(6) Unless the Department finds that the permit should not be renewed under paragraph (7), it will issue a permit renewal after finding that the requirements of this chapter and the requirements of public participation and notification are satisfied.
(7) A permit will not be renewed if the Department finds that one of the following applies:
(i) The requested renewal substantially jeopardizes the operator’s continuing ability to comply with the act, the environmental acts, this title and the regulatory program on existing permit areas.
(ii) The operator has failed to provide evidence that a bond required to be in effect for the activities will continue in full force and effect for the proposed period of renewal, as well as additional bond the Department might require.
(iii) Additional revised or updated information required by the Department has not been provided by the applicant.
(8) The Department will notify the applicant, persons who filed objections or comments to the renewal and persons who were parties to an informal conference held on the permit renewal of the Department’s decision.
Source The provisions of this § 77.143 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (313462) and (240725).
Cross References This section cited in 25 Pa. Code § 77.128 (relating to permit items).
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