New Mexico Administrative Code
Title 19 - NATURAL RESOURCES AND WILDLIFE
Chapter 8 - COAL MINING
Part 32 - SMALL OPERATOR ASSISTANCE PROGRAM
Section 19.8.32.3206 - APPLICANT LIABILITY
Universal Citation: 19 NM Admin Code 19.8.32.3206
Current through Register Vol. 35, No. 24, December 23, 2024
A. The applicant shall reimburse the director for the cost of the services rendered pursuant to this part if:
(1) the applicant
submits false information, fails to submit a permit application within 1 year
from the date of receipt of the approved laboratory report, or fails to mine
after obtaining a permit;
(2) the
director finds that the applicant's actual and attributed annual production of
coal for all locations exceeds 300,000 tons during any consecutive 12-month
period either during the term of the permit for which assistance is provided or
during the first 5 years after issuance of the permit whichever is shorter,
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 tons annual production limit
during any consecutive 12-month period of the remaining term of the permit.
Under this paragraph the applicant and its successor are jointly and severally
obligated to reimburse the director.
B. The director may waive the reimbursement obligation if he finds that the applicant at all times acted in good faith.
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