25 Pa. Code § 86.94 - Applicant liability
(a) The
applicant shall reimburse the Department for the cost of the consultant and
laboratory services performed under this subchapter, including interest from
the date the Department requests reimbursement, if the applicant does one of
the following:
(1) Submits false
information.
(2) Fails to submit a
complete permit application within 1 year from the date of receipt of the
approved consultant report, unless the report indicates that the application is
not approvable for technical reasons beyond the applicant's control.
(3) Fails to commence mining within 3 years
after obtaining a permit.
(4) The
applicant's actual and attributed annual production of coal exceeds 300,000
tons during the 12-month period immediately following the date on which the
applicant is issued the mining activities permit.
(5) Sells, transfers or assigns the permit to
another person and the transferee's total actual and attributed production
exceeds the 300,000-ton annual production limit during the 12-month period
immediately following the date on which the applicant is issued the mining
activities permit. Under this paragraph, the applicant and its successor are
jointly and severally obligated to reimburse the Department.
(6) Fails to provide the services required to
complete the application.
(b) If the applicant violates this section,
licenses and permits may be suspended or revoked by the Department.
(c) The Department may waive the
reimbursement liability requirements of subsection (a)(2) or (3) if the
applicant has demonstrated a good faith effort to comply with these provisions.
For the purpose of this determination, "good faith" means that the applicant
has promptly notified the Department of the conditions and circumstances which
have precluded the completion of the Small Operator Assistance Program Project,
the submission of a mine permit application or the initiation of mining within
the prescribed time period and the circumstances which preclude compliance with
the liability requirements include one of the following:
(1) The consultant report indicated that
mining could have potentially adverse environmental impacts.
(2) The application for a mining permit is
denied as a result of potentially adverse environmental impacts or other
technical reasons beyond the applicant's control.
(3) Other factors are identified which would
preclude mining of the site, and the applicant does not intend to file a permit
application.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.