Louisiana Administrative Code
Title 43 - NATURAL RESOURCES
Part XV - Office of Conservation-Surface Mining
Subpart 4 - Bond and Insurance Requirements for Surface Coal Mining and Reclamation Operations
Chapter 41 - Amount and Duration of Performance Bond
Section XV-4105 - Period of Liability

Universal Citation: LA Admin Code XV-4105

Current through Register Vol. 50, No. 9, September 20, 2024

A. Liability under performance bond(s) applicable to a permit shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, these regulations, the regulatory program and the provisions of the permit has been completed, and the permit terminated by release of the permittee from any further liability in accordance with Chapter 45.

B. In addition to the period necessary to achieve compliance with all requirements of the Act, these regulations, the regulatory program and the permit, including the standards for the success of revegetation as required by §5423, the period of liability under performance bond shall continue for a minimum period beginning with the last year of augmented seeding, fertilizing, irrigation or other work. The minimum period of liability shall continue for not less than five full years. The period of liability shall begin again whenever augmented seeding, fertilizing, irrigation or other work is required or conducted on the site prior to bond release.

C. If the office approves a long-term intensive agricultural post-mining land use, in accordance with §5431, the applicable five-year period of liability shall commence at the date of initial planting for such long-term intensive agricultural land use.

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.

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