Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 1 - RAILROAD COMMISSION OF TEXAS
Chapter 12 - COAL MINING REGULATIONS
Subchapter G - SURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
Division 14 - SMALL OPERATOR ASSISTANCE
Section 12.243 - Applicant Liability
Universal Citation: 16 TX Admin Code § 12.243
Current through Reg. 50, No. 13; March 28, 2025
(a) A coal operator who has received assistance pursuant to §§ 12.236 and 12.240 of this title (relating to Program Services, and to Data Requirements) shall reimburse the Commission for the cost of the services rendered 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) if 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
(5) 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 subsection, the applicant and its successor are
jointly and severally obligated to reimburse the Commission.
(b) The Commission may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.
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