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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 12COAL MINING REGULATIONS
SUBCHAPTER GSURFACE COAL MINING AND RECLAMATION OPERATIONS, PERMITS, AND COAL EXPLORATION PROCEDURES SYSTEMS
DIVISION 14SMALL OPERATOR ASSISTANCE
RULE §12.243Applicant Liability

(a) A coal operator who has received assistance pursuant to §§12.236 and 12.240 of this title (relating to Program Services, and to Data Requirements) shall reimburse the Commission for the cost of the services rendered if the applicant:

  (1) submits false information;

  (2) fails to submit a permit application within 1 year from the date of receipt of the approved laboratory report;

  (3) fails to mine after obtaining a permit;

  (4) if the Commission 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

  (5) the permit is sold, transferred, or assigned to another person and the transferee's total actual and attributed production exceeds the 300,000-ton production limit during the 12 months immediately following the date on which the permit was originally issued. Under this subsection, the applicant and its successor are jointly and severally obligated to reimburse the Commission.

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


Source Note: The provisions of this §12.243 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041.

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