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 47 - Performance Bond Forfeiture Criteria and Procedures
Section XV-4705 - Criteria for Forfeiture

Universal Citation: LA Admin Code XV-4705

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

A. A bond shall be forfeited if the office finds that:

1. the permittee has violated any of the terms or conditions of the bond; or

2. the permittee has failed to conduct the surface mining and reclamation operations in accordance with the Act, the conditions of the permit or these regulations within the time required by the Act, these regulations and the permit; or

3. the permit for the area under bond has been revoked, unless the operator assumes liability for completion of reclamation work; or

4. the permittee has failed to comply with a compliance schedule approved pursuant to §4701 B

B. A bond may be forfeited if the office finds that:

1. the permittee has become insolvent, failed in business, been adjudicated a bankrupt, filed a petition in bankruptcy or for a receiver or had a receiver appointed by any court; or a creditor of the permittee has attached or executed a judgment against the permittee's equipment, materials, facilities at the permit area or on the collateral pledged to the office;

2. the permittee cannot demonstrate or prove the ability to continue to operate in compliance with the Act, these regulations and the permit.

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

Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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