(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.
Authorizing statute(s): 82-4-205, MCA
Implementing statute(s): 82-4-221, MCA
History: 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.