4VAC25-130-795.12: Applicant liability

(a) The coal operator who has received assistance pursuant to 4VAC25-130-795.9 shall reimburse the division for the cost of the services rendered if:

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

(2) The division finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit; or

(3) The mining rights granted under the permit are 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 months immediately following the date on which the permit was originally issued. Under this paragraph the applicant and its successor are jointly and severally obligated to reimburse the division.

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