Md. Code Regs. 26.20.16.08

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.20.16.08 - Applicant Liability

A. The applicant shall reimburse the Bureau for the cost of the services performed pursuant to this chapter if the applicant:

(1) Submits false information;

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

(3) Fails to mine after obtaining a permit;

(4) Is determined by the Bureau to have an actual and attributed annual production of coal exceeding 300,000 tons for all locations during the 12 months immediately following the date on which the operator is issued the permit;

(5) Sells, transfers, or assigns the permit to another person and the transferee's total actual and attributed production exceeds 300,000 tons during the 12 months immediately following the date on which the permit was originally issued.

B. Under §A(5) of this regulation the applicant and its successor are jointly and severally obligated to reimburse the Bureau.

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

Md. Code Regs. 26.20.16.08

Regulations .08 were previously codified as COMAR 08.13.09.17 a A_H, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.
Regulation .08 amended effective September 23, 1996 (23:19 Md. R. 1378)