La. Admin. Code tit. 43 § XV-4105
Current through Register Vol. 50, No. 12, December 20, 2024
Section XV-4105 - Period of LiabilityA. Liability under performance bond(s) applicable to a permit shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, these regulations, the regulatory program and the provisions of the permit has been completed, and the permit terminated by release of the permittee from any further liability in accordance with Chapter 45.B. In addition to the period necessary to achieve compliance with all requirements of the Act, these regulations, the regulatory program and the permit, including the standards for the success of revegetation as required by §5423, the period of liability under performance bond shall continue for a minimum period beginning with the last year of augmented seeding, fertilizing, irrigation or other work. The minimum period of liability shall continue for not less than five full years. The period of liability shall begin again whenever augmented seeding, fertilizing, irrigation or other work is required or conducted on the site prior to bond release.C. If the office approves a long-term intensive agricultural post-mining land use, in accordance with §5431, the applicable five-year period of liability shall commence at the date of initial planting for such long-term intensive agricultural land use.La. Admin. Code tit. 43, § XV-4105
Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 6:296 (June 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.