SECTION 460:20-35-7. Applicant liability

(a)   The applicant shall reimburse the Department for the cost of the services rendered pursuant to this Subchapter if:

(1)   The applicant submits false information, fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report, or fails to mine after obtaining a permit;

(2)   The program administrator finds that the applicant's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12-month period immediately following the issuance of the permit for which assistance is provided; or

(3)   The permit is sold, transferred, or assigned 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 issuance of the permit. Under this Subsection the applicant and its successor are jointly and severally obligated to reimburse the Department.

(b)   The program administrator may waive the reimbursement obligation if he or she finds that the applicant at all times acted in good faith.

[Source: Amended at 11 Ok Reg 925, eff 12-23-93 through 7-14-94 (emergency); Amended at 11 Ok Reg 4235, eff 7-25-94; Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 16 Ok Reg 3526, eff 9-13-99]