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Session Laws, 1985
Volume 760, Page 3083   View pdf image
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HARRY HUGHES, Governor

3083

(3)  § 7-6A-13 OF THIS SUBTITLE FOR A RENEWAL OF A
PERMIT; AND

(4)  § 7-6A-16 OF THIS SUBTITLE FOR A TRANSFER OF A
PERMIT.

(F)  THE FEE FOR AN ORIGINAL PERMIT SHALL BE $8 FOR EACH
ACRE OF AFFECTED LAND FOR EACH YEAR OF OPERATION REQUESTED, BUT
THE FEE MAY NOT EXCEED $500 FOR ANY 5-YEAR PORTION OF THE TERM OF
THE PERMIT.

(G)  THE FEE REQUIRED FOR ANY PERMIT SHALL BE PRORATED SO
THAT THE PERMITTEE WILL NOT PAY MORE THAN $500 FOR ANY 5-YEAR
CONSECUTIVE TERM.

(H) (1) IF THE TERM OF THE ORIGINAL PERMIT EXCEEDS 5 YEARS,
THE PERMITTEE SHALL PAY ADDITIONAL FEES, BASED ON THE FORMULA IN
SUBSECTION (F) OF THIS SECTION FOR EACH 5-YEAR PORTION OF THE
TERM OF THE ORIGINAL PERMIT. THESE ADDITIONAL FEES SHALL BE PAID
TO THE DEPARTMENT WITHIN 1 YEAR BEFORE THE COMPLETION OF EACH
5-YEAR PORTION OF THE TERM OF THE PERMIT.

(2) AN ORIGINAL ANY PERMIT THAT EXCEEDS 5 YEARS AND
THAT WAS GRANTED ON OR BEFORE DECEMBER 31, 1984 JUNE 30, 1985, IS
NOT SUBJECT TO THE ADDITIONAL FEES REQUIRED BY PARAGRAPH (1) OF
THIS SUBSECTION UNTIL THE TIME OF MODIFICATION OR RENEWAL OF THE
PERMIT UNDER §§ 7-6A-12 AND 7-6A-13 OF THIS SUBTITLE.

[(f)] (I) In addition, before a surface mining permit is
issued every applicant shall pay a special reclamation fee of $30
for each acre of land affected. The payment shall be based on the
same number of acres as that for which bond is required.

[(g)] (J) The Governor each year shall place an item in the
budget to provide for the matching moneys required by this
subsection. These matching funds may be provided by the State in
the current budget at the time the permit is issued or in the
next succeeding State budget. When all pre-law surface mined
lands have been reclaimed, this fee shall cease to be collected.

[(h)] (K) Any [operator] PERSON who violates the provisions
of this section or who knowingly or intentionally has filed false
information in the application for a permit, or who has not fully
complied with all provisions and requirements of the permit, is
guilty of a misdemeanor, and, on conviction, is subject to a fine
that is sufficient to cover the cost of reclaiming the land
affected [but] OR not more than $25,000. The fine shall be paid
into the Surface Mined Land Reclamation Fund.

7-6A-08.

On receipt of an application and accompanying documents, the
Department shall review it and make further inquiries,
inspections, or examinations as necessary or desirable for proper
evaluation. If the Department objects to any part of the

 

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Session Laws, 1985
Volume 760, Page 3083   View pdf image
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