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Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

previous next Effective - 28 Aug 1979bottom

  444.840.  Revision of permit, procedure — transfer or assignment to have prior approval — commission may require permit revision — operator may be released from liability. — 1.  (1)  During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the commission.

  (2)  An application for a revision of a permit shall not be approved unless the commission or the director finds that reclamation can be accomplished under the revised reclamation plan.  The revision shall be approved or disapproved within a period of time established by the commission.  The commission shall establish guidelines for a determination of the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, shall apply; provided, that any revisions which propose significant alterations in the reclamation plan shall, at a minimum, be subject to notice and hearing requirements.

  (3)  Any extensions to the area covered by the permit except incidental boundary revisions must be made by application for another permit.

  2.  No transfer, assignment, or sale of the rights granted under any permit issued pursuant to this law shall be made without the written approval of the commission.

  3.  The commission shall, within a time limit prescribed in regulations promulgated by the commission, review outstanding permits and may require reasonable revision or modification of the permit provisions during the term of such permit; provided, that such revision or modification shall be based upon a written finding and subject to notice and hearing requirements established by rule or regulation.

  4.  Where one operator succeeds another at any uncompleted operation, either by sale, assignment, lease or otherwise, the commission may release the first operator from all liability under this law as to that particular operation, but only if the successor operator applies for and qualifies for a permit and assumes as part of his obligation all liability for the reclamation of the area of land affected by the former operator and sufficient bond is filed with the commission as provided in section 444.830.  The successor operator shall not be required to pay the acre fee for any acre or fraction thereof for which a fee has already been paid.

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(L. 1979 H.B. 459)


---- end of effective   28 Aug 1979 ----

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