Section 69-05.2-29-08 - Small operator assistance - Applicant liability1. The applicant shall reimburse the commission for the cost of all services rendered under this chapter if: a. The applicant submits false information. b. The applicant fails to submit a permit application within one year after receiving the approved report from the qualified public or private entity. c. The applicant fails to mine after obtaining a permit. d. The commission finds that the operator's actual and attributed annual production of coal for all locations exceeds three hundred thousand tons [272155.41 metric tons] during the twelve months immediately following the date the operator is issued a surface coal mining and reclamation permit. e. The applicant sells, transfers, or assigns the permit to another person and the transferee's total actual and attributed production exceeds the three hundred thousand-ton [272155.41 metric-ton] annual production limit during any consecutive twelve-month period of the remaining permit term. Under this subdivision, the applicant and successor are jointly and severally obligated to reimburse thecommission. 2. The commission may waive the reimbursement obligation under the conditions described in subdivisions b and c of subsection 1 if it finds that the applicant at all times acted in good faith. N.D. Admin Code 69-05.2-29-08
Effective August 1, 1980; amended effective May 1, 1990; October 1,1994.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-03, 38-14.1-37