La. Admin. Code tit. 43 § XV-4703

Current through Register Vol. 50, No. 12, December 20, 2024

Section XV-4703 - Procedures

A. In the event forfeiture of the bond is required by §4701 and 4705, the office shall:

1. send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if applicable, of the office's determination to forfeit all or part of the bond and the reasons for the forfeiture, including a finding of the amount to be forfeited;

2. advise the permittee and surety, if applicable, of the conditions under which forfeiture may be avoided. Such conditions may include, but are not limited to:

a. agreement by the permittee or another party to perform reclamation operations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan and the regulatory program and a demonstration that such party has the ability to satisfy the conditions; or

b. the office may allow a surety to complete the reclamation plan, or the portion of the reclamation plan applicable to the bonded phase or increment, if the surety can demonstrate an ability to complete the reclamation in accordance with the approved reclamation plan. Except where the office may approve partial release authorized under Chapter 45, no surety liability shall be released until successful completion of all reclamation under the terms of the permit, including the applicable liability periods of §4105;

3. proceed in an action for collection on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this Section, for the amount forfeited, if an appeal is not filed within a time established by the office and a stay of collection issued by the hearing authority or such appeal is unsuccessful;

4. if an appeal is filed, defend the action;

5. use funds collected from bond forfeiture to complete the reclamation plan, or portion thereof, on the permit area or increment, to which bond coverage applies.

B. The written determination to forfeit all or part of the bond, including the reasons for forfeiture and the amount to be forfeited, shall be a final decision by the office.

C. The office may forfeit any or all bond deposited for an entire permit area, in order to satisfy §4701-4707 Liability under any bond, including separate bond increments or indemnity agreements applicable to a single operation, shall extend to the entire permit area.

D.

1. In the event the estimated amount forfeited is insufficient to pay for the full cost of reclamation, the operator shall be liable for remaining costs. The office may complete, or authorize completion of, reclamation of the bonded area and may recover from the operator all costs of reclamation in excess of the amount forfeited.

2. In the event the amount of performance bond forfeited was more than the amount necessary to complete reclamation, the unused funds shall be returned by the office to the party from whom they were collected.

La. Admin. Code tit. 43, § XV-4703

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

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