Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 795 - Small Operator Assistance Program
Section 4VAC25-130-795.12 - Applicant liability
Universal Citation: 4 VA Admin Code 25-130-795-12
Current through Register Vol. 41, No. 3, September 23, 2024
(a) The coal operator who has received assistance pursuant to 4VAC25-130-795.9 shall reimburse the division for the cost of the services rendered 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 division 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 mining rights
granted under the permit are sold, transferred, or assigned to another person
and the transferee's total actual and attributed production exceeds the
300,000-ton annual 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 division.
(b) The division may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
