§ 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.
Source The provisions of this § 86.94 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended April 23, 1993, effective April 24, 1993, 23 Pa.B. 1946; amended September 29, 1995, effective September 30, 1995, 25 Pa.B. 4124; amended January 2, 1998, effective January 3, 1998, 28 Pa.B. 15. Immediately preceding text appears at serial pages (198821) to (198822).
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