N.M. Admin. Code § 19.8.32.3206

Current through Register Vol. 36, No. 1, January 14, 2025

Section 19.8.32.3206 - APPLICANT LIABILITY

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.

N.M. Admin. Code § 19.8.32.3206

11-29-97; 19.8.32.3206 NMAC - Rn, 19 NMAC 8.2.32.3206, 9-29-2000; A, 1-15-2002