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ENFORCE20982
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ENFORCE20982
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Last modified
8/24/2016 7:31:16 PM
Creation date
11/21/2007 9:52:54 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Date
5/31/2001
Doc Name
COVER SHEET
Violation No.
CV2000009
Media Type
D
Archive
No
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44 <br />1 board. <br />2 MR. HELD: Can I just ask you one <br />3 question? Is it a violation of the statute to <br />4 cause damage to somebody's house? <br />5 MR. HELD: No. It's only a violation -- <br />6 the coal statute contemplates the fact that there <br />7 will potentially be damage. Now, the permit is <br />8 supposed to be designed such to minimize that <br />9 damage or not cause it, but the mere fact that <br />10 there's damage is not a violation. <br />11 The violation occurs if and when the <br />12 company or the person or individual who causes said <br />13 damage doesn't compensate, repair, or otherwise <br />14 make the homeowner or structure owner whole. <br />15 That's where the violation exists. <br />16 So in other words, if you're out there, <br />17 my house is damaged, I go to the company, I say my <br />18 house has been damaged by subsidence, fix it, the <br />19 company fixes it, not a problem. We say to the <br />20 company, fix it, the company says no, it's not <br />21 subsidence, we're not going to fix it. That's <br />22 where the violation potentially comes into play. <br />23 MR. MCCULLOH: Did the company fix it? <br />24 MR. LONG: For this second allegation, <br />25 no. Not as of this date, no, that I'm aware of. <br />
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