§ 86.270. Operator liability.
(a) The operator shall reimburse the Department for the cost of the services performed under this subchapter, including interest from the date the Department demands reimbursement, if the operator does one of the following:
(1) Submits false information.
(2) Fails to provide the services required to complete the permit application, including submission of reclamation bond.
(3) Fails to submit a complete surface mine activities 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.
(4) Fails to mine within 3 years after obtaining a permit.
(5) Sells, transfers or assigns the permit to an operator who does not meet the requirements of § 86.253 (relating to operator and project qualification).
(b) If the operator fails to reimburse the Department under subsection (a), licenses and permits may be suspended by the Department.
(c) If funds allocated for the services are less than those required to pay for the services, the operator is responsible for costs exceeding the amount of funds allocated for the services provided to the operator.
(d) The Department may waive the reimbursement requirement of subsection (a) if the operator demonstrates one of the following:
(1) The consultant and laboratory reports indicate 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 operator’s control.
(3) Other factors are identified which would preclude mining of the site, and the operator does not intend to file a mine permit application.
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