Section 880-X-8N-.13 - Applicant Liability (Alabama Administrative Code)

§ 880-X-8N-.13. Applicant Liability

(1) The applicant shall reimburse the Regulatory Authority for the cost of the services rendered pursuant to the Rule if the applicant:

(a) Submits false information;

(b) Has his license revoked or surface coal mining permit suspended;

(c) Fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report;

(d) Fails to mine after obtaining a permit; or

(e) If the Program Administrator finds that the applicant's actual and attributed annual production of coal exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or

(f) The permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed tonnage exceeds the 300,000 annual production limit during the twelve months immediately following the date on which the permit was originally issued. Under this paragraph, the applicant and its successor, are jointly and severally obligated to reimburse the Regulatory Authority.

(2) The Program Administrator may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.

Author: Randall C. Johnson

(Filed May 20, 1982. Amended: Filed July 27. 1998; effective August 31, 1998; operative January 3, 1999.)

On December 4, 1998, the Office of Surface Mining approved this rulemaking adopted by the commission on July 16, 1998. The effective date of this rule will be January 3, 1999.

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 82, 83.

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