Current through December 10, 2024
Section 11-8-2.4-41-4107 - Adjustment of Amount(a) The amount of the performance bond liability applicable to a permit shall be adjusted by the Permit Board as the acreage in the permit area is modified, methods of mining operation change, standards of reclamation change or when the cost of future reclamation, restoration or abatement work changes. The Department shall notify the permittee, the surety and any person with a property interest in collateral posted as bond of any proposed bond adjustment and provide the permittee an opportunity to review and discuss the adjustment with the Department prior to the Permit Board's decision regarding the adjustment. The Department shall review each outstanding performance bond at the time that permit reviews are conducted under § 3503, and re-evaluate those performance bonds in accordance with the standards in § 4101.(b) A permittee may request reduction of the required performance bond amount upon submission of evidence to the Permit Board proving that the permittee's method of operation or other circumstances will reduce the maximum estimated cost to the department to complete the reclamation responsibilities and therefore warrant a reduction of the bond amount. Bond adjustments which involve undisturbed land or revision of the cost estimate of reclamation are not considered bond release subject to procedures of Rule 45.(c) In the event that an approved permit is modified or revised in accordance with § 3505, the Permit Board shall review the bond for adequacy and, if necessary, shall require adjustment of the bond to conform to the permit as modified.11 Miss. Code. R. § 8-2.4-41-4107
Miss. Code Ann. §§ 53-9-31 and 53-9-1, et seq.