Current through Register Vol. 54, No. 50, December 14, 2024
Section 86.39 - Final permit action(a) The Department will approve or deny an application within the following time limits: (1) A complete application submitted under § 86.14(a) (relating to permit application filing deadlines) will be approved or denied within 8 months of the effective date of this chapter or within 60 days of an informal conference, if held.(2) A complete application submitted under § 86.14(b) will be approved or denied within one of the following time limits: (i) If an informal conference or public hearing has been held under § 86.34 (relating to informal conferences), within 60 days of the close of the conference or hearing unless deficiencies in the application continue to exist and the Department has allowed additional time for the applicant to submit additional information to resolve the deficiencies.(ii) If no informal conference or public hearing has been held under § 86.34, then within a reasonable time not to exceed 60 days after the close of the public comment period, unless deficiencies in the application continue to exist and the Department has allowed additional time for the applicant to submit additional information to resolve the deficiencies.(b) Simultaneously with the final action on a permit application, the Department will: (1) Issue notice of its decision to the applicant and each person and governmental official who filed a written objection or comment on the application. The Office of Surface Mining Reclamation and Enforcement will be given notice of the decision and provided a copy of a permit issued when requested.(2) Publish a summary of its decision in the Pennsylvania Bulletin ; and within 10 days after the granting of a permit, issue notice to the local government officials of each township or municipality in which the activities are located.The provisions of this § 86.39 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316. This section cited in 25 Pa. Code § 86.129 (relating to coal exploration on areas designated as unsuitable for surface mining operations).