Ala. Admin. Code r. 880-X-9E-.05

Current through Register Vol. 42, No. 10, July 31, 2024

Section 880-X-9E-.05 - Determination Of Forfeiture Amount

(1) The State Regulatory Authority shall either --

(a) Determine the amount of the bond to be forfeited on the basis of all the estimated cost to the State Regulatory Authority and any contractor to complete the reclamation plan and other requirements of the Act and the permit; or

(b) Forfeit the entire amount of the bond for which liability is outstanding and deposit the proceeds thereof in an account for use in the payment of all costs associated with the conduct of reclamation, restoration or abatement activities by the State Regulatory Authority and any contractor.

(2) Upon completion of all reclamation, restoration or abatement activities by the State Regulatory Authority and following payment of all costs associated with conduct of such activities, the principle balance remaining shall be returned to the surety or principal, if applicable.

(3) If estimated amount forfeited is insufficient to pay for the full cost of reclamation, the operator shall be liable for remaining costs. The Alabama Surface Mining Commission may recover from the operator all costs of reclamation in excess of the amount forfeited and may complete, or authorize completion of, reclamation of the bonded area.

Author: Randall C. Johnson

Ala. Admin. Code r. 880-X-9E-.05

May 20, 1982; Amended: September 18, 1990; effective: August 2, 1991.

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 84, 89, 90, 91.