Section 11-8-2.3-37-3717 - Applicant Liability(a) The applicant shall reimburse the Department for the cost of the services performed pursuant to this Rule 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 Commission 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 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 Department.(b) The Commission may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.11 Miss. Code. R. § 8-2.3-37-3717
Miss. Code Ann. §§ 53-9-26, 53-9-89 and 53-9-1, et seq.