R 425.207 Transfer of permit.

Rule 207. (1) If a permittee desires to transfer the mining permit to another person, then the acquiring person shall submit to the department a request for the transfer of the permit. The request for transfer of the permit shall be submitted on forms prescribed by the department, and shall be signed by an authorized representative of the permittee and an authorized representative of the acquiring operator. The request shall include the following: (a) An update of the contingency plan. (b) Provisions for financial assurance as prescribed in R 425.301. (c) An organization report for the acquiring operator. (2) Upon receiving a request for a transfer of a mining permit, the department shall inspect the mining area and determine whether the existing permittee is in violation of part 632 of the act or these rules at the mining site. If the department determines the permittee to be in violation, then the mining permit shall not be transferred to a person until the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations. The department may incorporate the consent agreement by reference in the mining permit. (3) A permit transfer is not effective until all other applicable permits are transferred to the acquiring operator. Until the department approves the transfer of a mining permit, the acquiring operator shall not operate the mine. Upon approval of a transfer request, the acquiring operator shall assume the responsibilities for mining activities specified in part 632 of the act, these rules, a mining permit, or orders of the department under part 632 of the act. (4) If a permittee conveys his or her authority to operate a mine to another person, and a request for transfer of the mining permit has not been approved, then, in addition to other enforcement actions, the department may order the immediate suspension of any or all mining activities at the permitted site, including the removal or sale of metallic product.