MARVIN MANDEL, Governor

2785

WITHOUT FIRST OBTAINING A SURFACE MINING OPERATOR'S
LICENSE.

(B)   APPLICATION.

AN APPLICATION FOR A LICENSE SHALL BE IN WRITING AND
ON A FORM PREPARED AND FURNISHED BY THE DEPARTMENT. IF
THE APPLICATION IS MADE BY A CORPORATION, PARTNERSHIP, OR
ASSOCIATION IT SHALL CONTAIN INFORMATION CONCERNING ITS
OFFICERS, DIRECTORS, AND PRINCIPAL OWNERS, AS THE
DEPARTMENT REASONABLY REQUIRES.

(C)   FEE AND LICENSE RENEWAL.

THE APPLICATION SHALL BE ACCOMPANIED BY A $100 FEE.
THE LICENSE SHALL BE RENEWABLE ANNUALLY, AND THE RENEWAL
FEE IS $50. THE APPLICATION FOR RENEWAL SHALL BE MADE
ANNUALLY BY JANUARY 1.

(D)   DEPARTMENT NOT TO ISSUE OR RENEW UNDER CERTAIN
CIRCUMSTANCES.

THE DEPARTMENT MAY NOT ISSUE ANY NEW SURFACE MINING
OPERATOR'S LICENSE OR RENEW ANY EXISTING SURFACE MINING
OPERATOR'S LICENSE TO ANY PERSON IF IT FINDS, AFTER
INVESTIGATION, THAT THE APPLICANT HAS FAILED AND
CONTINUES TO FAIL TO COMPLY WITH ANY OF THE PROVISIONS OF
THIS SUBTITLE.

(E)   PENALTY.

ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS
SECTION IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS
SUBJECT TO A FINE OF [[NOT LESS THAN $5,000 AND]] NOT
MORE THAN $10,000. THE FINE SHALL BE PAID TO THE SURFACE
MINED LAND RECLAMATION FUND.

[[7-7B07]] 7-6A07. SURFACE MINING PERMIT.

(A)   PERMIT REQUIRED.

AFTER JANUARY 1, [[1976]] 1977, NO LICENSED OPERATOR
MAY ENGAGE IN SURFACE MINING WITHIN THE STATE WITHOUT
FIRST OBTAINING A SURFACE MINING PERMIT WHICH COVERS THE
AFFECTED LAND.

(B)   APPLICATION.

THE APPLICATION SHALL BE IN WRITING AND ON A FORM
PREPARED AND FURNISHED BY THE DEPARTMENT AND SHALL FULLY
STATE THE INFORMATION CALLED FOR. IN ADDITION, THE
APPLICANT MAY BE REQUIRED TO FURNISH OTHER INFORMATION
THE DEPARTMENT REASONABLY DEEMS NECESSARY IN ORDER TO
ENFORCE THIS SUBTITLE.