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been revoked, unless the operator assumes liability for completion of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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