Current through Register Vol. 50, No. 9, September 20, 2024
A. In the event
forfeiture of the bond is required by
§4701 and 4705, the office shall:
1. send written notification by certified
mail, return receipt requested, to the permittee and the surety on the bond, if
applicable, of the office's determination to forfeit all or part of the bond
and the reasons for the forfeiture, including a finding of the amount to be
forfeited;
2. advise the permittee
and surety, if applicable, of the conditions under which forfeiture may be
avoided. Such conditions may include, but are not limited to:
a. agreement by the permittee or another
party to perform reclamation operations in accordance with a compliance
schedule which meets the conditions of the permit, the reclamation plan and the
regulatory program and a demonstration that such party has the ability to
satisfy the conditions; or
b. the
office may allow a surety to complete the reclamation plan, or the portion of
the reclamation plan applicable to the bonded phase or increment, if the surety
can demonstrate an ability to complete the reclamation in accordance with the
approved reclamation plan. Except where the office may approve partial release
authorized under Chapter 45, no surety liability shall be released until
successful completion of all reclamation under the terms of the permit,
including the applicable liability periods of §4105;
3. proceed in an action for collection on the
bond as provided by applicable laws for the collection of defaulted bonds or
other debts, consistent with this Section, for the amount forfeited, if an
appeal is not filed within a time established by the office and a stay of
collection issued by the hearing authority or such appeal is
unsuccessful;
4. if an appeal is
filed, defend the action;
5. use
funds collected from bond forfeiture to complete the reclamation plan, or
portion thereof, on the permit area or increment, to which bond coverage
applies.
B. The written
determination to forfeit all or part of the bond, including the reasons for
forfeiture and the amount to be forfeited, shall be a final decision by the
office.
C. The office may forfeit
any or all bond deposited for an entire permit area, in order to satisfy
§4701-4707 Liability under any bond, including separate bond increments or
indemnity agreements applicable to a single operation, shall extend to the
entire permit area.
D.
1. In the event the estimated amount
forfeited is insufficient to pay for the full cost of reclamation, the operator
shall be liable for remaining costs. The office may complete, or authorize
completion of, reclamation of the bonded area and may recover from the operator
all costs of reclamation in excess of the amount forfeited.
2. In the event the amount of performance
bond forfeited was more than the amount necessary to complete reclamation, the
unused funds shall be returned by the office to the party from whom they were
collected.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
30:901-932.
