Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 25 - COAL MINING AND RECLAMATION OPERATIONS
Rule 4 - Permitting Procedures
Section 4-143 - Small operator assistance; applicant liability
Universal Citation: 312 IN Admin Code 4-143
Current through March 20, 2024
Authority: IC 14-34-2-1
Affected: IC 14-34; 30 CFR 795.12
Sec. 143.
(a) A coal operator who has received assistance under sections 135 through 141 of this rule and this section shall reimburse the director for the cost of the services rendered if any of the following occurs:
(1)
The applicant submits false information, fails to submit a permit application
within one (1) year from the date of receipt of the approved laboratory report,
or fails to mine after obtaining a permit.
(2) The program administrator finds that the
operator's actual and attributed annual production of coal for all locations
exceeds three hundred thousand (300,000) tons during the twelve (12) months
immediately following the date on which the operator is issued the surface coal
mining and reclamation permit.
(3)
The permit is sold, transferred, or assigned to another person and the
transferee's total actual and attributed production exceeds the three hundred
thousand (300,000) ton production limit during the twelve (12) months
immediately following the date on which the permit was originally issued. Under
this section the applicant and its successor are jointly and severally
obligated to reimburse the director.
(4) The applicant does not begin mining
within six (6) months after obtaining the permit.
(b) The program administrator may waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.
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