Sec. 11. (a) Whenever the department has assumed the cost of a test or determination required by section 5 of this chapter, the operator for whom the costs were assumed shall reimburse the department for the costs if any of the following conditions exist:

(1) The actual and attributed annual coal production of the operator at all locations exceeds three hundred thousand (300,000) tons during any consecutive twelve (12) month period either during:

(A) the term of the permit for which assistance was provided; or

(B) the first five (5) years after issuance of the permit;

whichever is shorter.

(2) False information was given the department in the application for the permit or in reports required by the department.

(3) A permit application was not submitted to the department within one (1) year after the date the permittee received the report for which the cost was assumed.

(4) The applicant does not begin mining within six (6) months after obtaining the permit.

(5) The:

(A) permit is sold, transferred, or assigned to another person; and

(B) transferee’s total actual and attributed production exceeds the three hundred thousand (300,000) ton annual production limit during any consecutive twelve (12) month period of the remaining term of the permit.

Under this subdivision the applicant and the applicant’s successor are jointly and severally obligated to reimburse the department.

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

[Pre-1995 Recodification Citation: 13-4.1-3-3.5.]

As added by P.L.1-1995, SEC.27.