(A) It shall be unlawful for any person to operate coal hauling vehicle or coal mining equipment on a county highway in the county, without having first obtained a permit to operate the vehicle or equipment from the County Board of Commissioners.
(B) Before a permit is issued, each applicant must first submit sufficient data concerning the operator, location of the pit and proposed routes of travel from the pit to the nearest state highway.
(C) At the time the permit is used, the Board of Commissioners shall designate the county highways that may be used to haul minerals into and out of the surface mining operation and/or pit.
(1) The route shall be the designated coal haul route for the applicant seeking the permit.
(2) The Board of Commissioners shall also designate the routes of ingress and egress from the county highways across the county rights-of-way and into the pit.
(D) A $10 permit fee must accompany each application.
(E) A separate permit shall be required for each surface mining operation and/or pit operated by any person.
(F) Every person, prior to being issued a permit, shall be required to show sufficient proof of financial ability to comply with the provisions of this subchapter.
(G) Every person to whom a permit is issued shall be required to maintain the coal haul route, as per County Highway Coal Mine Policy P-16. Maintenance shall include, but is not limited to, surface quality, dust control, drainage and ditching.
(1) If the coal haul route is used by more than one company, each company shall maintain its portion of the route until it enters upon another coal company's issued route.
(2) The companies may bill each other for the pro-rata share of expenses, and upon failure of a company to pay within ten days after being billed, they shall notify the county, and the county may start its revocation of permit proceedings.
(H) Upon approval of any coal haul route, mine through or equipment crossing, the coal company shall present a satisfactory surety bond in an amount equal to the county's investment as determined by § 2 of the County Highway Coal Mine Policy P-16. They shall also provide the county with an escrow account in the form of cash certificates of deposit or an irrevocable letter of credit in an amount equal to 10% of the surety bond. The amounts of escrow shall be adjusted to reflect the number of coal companies using the route.
(I) The coal companies shall also use the coal haul routes exclusively for the delivery of all supplies when the gross weight of the vehicle is at or exceeds 20,000 pounds.
(J) Failure of any person to comply with the above stated provisions shall be grounds for revocation.
(Ord. 97-2, passed 3-24-1997) Penalty, see § 91.99