312 IAC 25-4-143 Small operator assistance; applicant liability

Sec. 143. (a) A coal operator who has received assistance under sections 135 through 141 of this rule and this section shall reimburse the director for the cost of the services rendered if any of the following occurs: (1) The applicant submits false information, fails to submit a permit application within one (1) year from the date of receipt of the approved laboratory report, or fails to mine after obtaining a permit. (2) The program administrator finds that the operator's actual and attributed annual production of coal for all locations exceeds three hundred thousand (300,000) tons during the twelve (12) months immediately following the date on which the operator is issued the surface coal mining and reclamation permit. (3) The permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed production exceeds the three hundred thousand (300,000) ton production limit during the twelve (12) months immediately following the date on which the permit was originally issued. Under this section the applicant and its successor are jointly and severally obligated to reimburse the director. (4) The applicant does not begin mining within six (6) months after obtaining the permit. (b) The program administrator may waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.