§ 208.28 — Forfeiture of bond — licensure restrictions

Iowa § 208.28

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 208: MINES

Text

1. The attorney general, upon request of the division, shall institute proceedings for
forfeiture of the bond posted by an operator to guarantee reclamation of a site where the
operator is in violation of any of the provisions of this chapter or any rule adopted by the
division pursuant to this chapter. The division shall have the power to reclaim as required
by section 208.17 any mined land with respect to which a bond has been forfeited, using
the proceeds of the forfeiture to pay for the necessary reclamation work and associated
administrative costs.
2. If the proceeds from bond forfeiture proceedings are insufficient to fully satisfy the
estimated cost of reclaiming disturbed lands as required under section 208.17 and division
rules, the operator shall be liable for remaining costs. The division may complete, or
authorize completion of, the necessary reclamation and may authorize the attorney general
to bring a civil action to recover from the operator all actual or estimated costs of reclamation
in excess of the amount forfeited or require the operator to complete reclamation.
3. If the amount of bond forfeited exceeds the amount necessary to complete reclamation,
the unused funds shall be returned to the operator or the surety, as appropriate.

Legislative History

[C71, 73, 75, 77, 79, 81, §83A.28]