17.24.1228    SMALL OPERATOR ASSISTANCE PROGRAM: APPLICANT LIABILITY

(1) The applicant shall reimburse the department for the cost of the services performed pursuant to ARM 17.24.1224 if the applicant:

(a) submits false information;

(b) fails to submit a permit application within one year from the date of receipt of the approved laboratory, consultant, and/or contractor report;

(c) fails to mine after obtaining a permit;

(d) produces coal in excess of 300,000 actual and attributable tons at all operations during the 12-month period immediately following the date on which the applicant was issued a coal mining permit; or

(e) sells, transfers, or assigns the permit and the total actual and attributed production of the transferee exceeds the 300,000-ton annual production limit during the 12-month period immediately following the date on which the applicant was issued a coal mining permit. Under this section, the applicant and its successor are jointly and severally obligated to reimburse the department.

(2) The department may waive the reimbursement obligation if it finds that the applicant at all times acted in good faith.

 

History: 82-4-205, MCA; IMP, 82-4-221, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042; AMD, 1999 MAR p. 811, Eff. 4/23/99; AMD, 2024 MAR p. 260, Eff. 2/10/24.