La. Admin. Code tit. 43 § XV-3717

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-3717 - Applicant Liability

A. A coal operator shall reimburse the office for the cost of the services rendered pursuant to this Chapter if:

1. the applicant submits false information, fails to submit a permit application within one year from the date of receipt of the approved laboratory report, or fails to mine after obtaining a permit;

2. the commissioner finds that the operator's actual and attributed annual production of coal for all locations 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

3. the permit is sold, transferred or assigned to another person and the transferee's total actual and attributed production exceeds the 300,000-ton annual production limit during the 12 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 office.

B. The office may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.

La. Admin. Code tit. 43, § XV-3717

Promulgated by the Department of Natural Resources, Office of Conservation, LR 6:177 (May 1980), amended LR 14:441 (July 1988), LR 20:447 (April 1994), LR 24:2284 (December 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.