Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 135 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL CONTROL
Chapter 7 - FINANCIAL RESPONSIBILITY
Section 135-7-001 - General Requirements

Current through November 25, 2023

001.01 Each application for a mineral exploration hole permit or a renewal shall be accompanied by a written estimate of the costs to undertake measures necessary to prevent contamination of ground water having 10,000 mg/1 or less TDS during and after cessation of operations, including, but not limited to, the proper plugging of a hole(s).

001.02 After the submission of the estimate and as a prerequisite to commencing operations, the Department shall require the applicant to provide evidence, to its satisfaction, of financial responsibility that monies are available in an amount estimated by the Director to be sufficient to:

001.02A Undertake the measures specified in 001.01 above; and

001.02B Cover the additional estimated costs to the State which may arise from applicable public contracting requirements or the need to bring personnel and equipment to the permit area to complete the restoration after its abandonment by the permittee.

001.03 Each permittee shall keep its evidence of financial responsibility on file with the Department current and accurate. Any change in the form or nature of a permittee's method of maintaining the financial responsibility required shall be filed with and approved by the Department prior to any such change.

001.04 Evidence of financial responsibility does not operate to any extent as a limitation upon the obligation of the permittee to comply with its permit or complete any restoration.

001.05 Failure of the permit applicant to provide evidence of financial responsibility shall be sufficient cause for withholding issuance of a permit or the revocation of an existing permit.

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