Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas
Rule 17.24.1119 - BONDING: CRITERIA FOR FORFEITURE
Universal Citation: MT Admin Rules 17.24.1119
Current through Register Vol. 6, March 22, 2024
(1) A bond must be forfeited if the department finds that:
(a)
the permittee has violated any of the terms or conditions of the
bond;
(b) the permittee has failed
to conduct the strip or underground mining and reclamation operations in
accordance with the Act, the rules adopted pursuant thereto, or the conditions
of the permit, within the time required by the Act, the rules adopted pursuant
thereto, or the permit;
(c) the
permit for the area under bond has been revoked, unless the operator assumes
liability for completion of reclamation work; or
(d) the permittee has failed to comply with a
compliance schedule approved by the department.
(2) A bond may be forfeited, if the department finds that:
(a) the permittee has
become insolvent, failed in business, been adjudicated bankrupt, filed a
petition in bankruptcy or for a receiver, or had a receiver appointed by any
court;
(b) a creditor of the
permittee has attached or executed a judgment against the permittee's equipment
or materials at the permit area or on the collateral pledged to the department;
or
(c) the permittee cannot
demonstrate or prove the ability to continue to operate in compliance with the
Act, the rules adopted pursuant thereto and the permit.
AUTH: 82-4-205, MCA; IMP: 82-4-223, 82-4-232, 82-4-235, MCA
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