(a) It shall be unlawful for any person to proceed to mine coal, commonly known as anthracite, by the strip mining method as an operator within this Commonwealth without first obtaining a license as a strip mining operator from the Department of Mines and Mineral Industries.¹ Applications for licensure as strip mining operators shall be made in writing to the department upon forms prepared and furnished by the department, and shall contain such information as to the applicant as the department shall require, and when the application is made by a corporation, partnership or association, the names of its officers, directors and principal owners. The application for licensure shall be accompanied by a fee of three hundred dollars ($300). It shall be the duty of all persons licensed as strip mining operators to renew such license annually, and pay for each such license renewal the sum of three hundred dollars ($300). The application for renewal of a license as a strip mining operator shall be made, annually, on or before January 1 of the next succeeding year.

Penalty.--Any person who proceeds to mine coal, commonly known as anthracite, by the strip mining method as an operator without having applied for and received a license as herein provided, shall be guilty of a misdemeanor, and, upon conviction, shall be sentenced to pay a fine of not less than five thousand dollars ($5,000) and not exceeding ten thousand dollars ($10,000), or undergo imprisonment not exceeding six months, or both. The fine shall be payable to the Commonwealth.

(b) The department shall not issue any new strip mining operator's license or renew any existing strip mining operator's license to any person or operator if it finds, after investigation that the applicant for licensure or renewal has previously failed and continues to fail to comply with any of the provisions of this act as hereby amended. Where the applicant is a corporation, partnership or association, the department shall not issue such license or renewal if, after investigation, it finds that any principal owner or partner of such corporation, partnership or association, has previously failed and continues to fail to comply with any of the provisions of this act, or if any principal owner or partner is or has been a principal owner or partner of any other corporation, partnership or association, which has previously failed and continues to fail to comply with any of the provisions of this act as hereby amended.