§ 30:919 — Release of performance bonds or deposits

Louisiana § 30:919

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§919. Release of performance bonds or deposits
A. The permittee may file a request with the commissioner for the
release of all or part of a performance bond or deposit. Within thirty days after
any application for bond or deposit release has been filed with the
commissioner, the operator shall submit a copy of an advertisement placed at
least once a week for four successive weeks in a newspaper of general
circulation in the locality of the surface coal mining operation. Such
advertisement shall be considered part of any bond release application and
shall contain a notification of the precise location of the land affected, the
number of acres, the permit and the date approved, the amount of the bond
filed and the portion sought to be released, and the type and appropriate dates
of reclamation work performed, and a description of the results achieved as
they relate to the operator's approved reclamation plan. In addition, as part of
any bond release application, the applicant shall submit copies of letters which
he has sent to adjoining property owners, local governmental bodies, planning
agencies, and sewage and water treatment authorities, or water companies in
the locality in which the surface coal mining and reclamation activities took
place, notifying them of his intention to seek release from the bond.
B. Upon receipt of the notification and request, the commissioner shall
within thirty days conduct an inspection and evaluation of the reclamation
work involved. Such evaluation shall consider, among other things, the degree
of difficulty to complete any remaining reclamation, whether pollution of
surface and subsurface water is occurring, the probability of continuance of
future occurrence of such pollution, and the estimated cost of abating such
pollution. The commissioner shall notify the permittee in writing of its
decision to release or not to release all or part of the performance bond or
deposit within sixty days from the filing of the request, if no public hearing is
held pursuant to Subsection F of this Section, and if there has been a public
hearing held pursuant to Subsection F of this Section, within thirty days
thereafter.
C. The commissioner shall release in whole or in part said bond or
deposit if the commissioner is satisfied the reclamation covered by the bond
or deposit or portion thereof has been accomplished as required by this
Chapter according to the following schedule:
(1) When the operator completes the backfilling, regrading, and
drainage control of a bonded area in accordance with his approved reclamation
plan, the release of 60 per centum of the bond or collateral for the applicable
permit area.
(2) After revegetation has been established on the regraded mined
lands in accordance with the approved reclamation plan. When determining
the amount of bond to be released after successful revegetation has been
established, the commissioner shall retain that amount of bond for the
revegetated area which would be sufficient for a third party to cover the cost
of reestablishing revegetation for the period specified for operator
responsibility in R.S. 30:915 of reestablishing revegetation. No part of the
bond or deposit shall be released under this Paragraph so long as the lands to
which the release would be applicable are contributing suspended solids to
streamflow or runoff outside the permit area in excess of the requirements set
by R.S. 30:915(B)(10) or until soil productivity for prime farmlands has
returned to equivalent levels of yield as nonmined land of the same soil type
in the surrounding area under equivalent management practices as determined
from the soil survey performed pursuant to R.S. 30:907(B)(16). Where a silt
dam is to be retained as a permanent impoundment pursuant to R.S.
30:915(B)(8), the portion of bond may be released under this Paragraph so
long as provisions for sound future maintenance by the operator or the
landowner have been made with the commissioner.
(3) When the operator has completed successfully all surface coal
mining and reclamation activities, the release of the remaining portion of the
bond, but not before the expiration of the period specified for operator
responsibility in R.S. 30:915: Provided, That no bond shall be fully released
until all reclamation requirements of this Chapter are fully met.
D. If the commissioner disapproves the application for release of the
bond or portion thereof, the commissioner shall notify the permittee, in
writing, stating the reasons for disapproval and recommending corrective
actions necessary to secure said release and allowing opportunity for a public
hearing.
E. When any application for total or partial bond release is filed with
the commissioner, the commissioner shall notify the municipality in which a
surface coal mining operation is located by certified mail at least thirty days
prior to the release of all or a portion of the bond.
F. Any person with a valid legal interest which might be adversely
affected by release of the bond or the responsible officer or head of any State,
Federal or local governmental agency which has jurisdiction by law or special
expertise with respect to any environmental, social, or economic impact
involved in the operation, or is authorized to develop and enforce
environmental standards with respect to such operations, shall have the right
to file written objections to the proposed release from bond to the
commissioner within thirty days after the last publication of the above notice.
If written objections are filed, and a hearing requested, the commissioner shall
inform all the interested parties of the time and place of the hearing, and hold
a public hearing in the locality of the surface coal mining operation proposed
for bond release within thirty days of the request for such hearing. The date,
time, and location of such public hearings shall be advertised by the
commissioner in a newspaper of general circulation in the locality for two
consecutive weeks, and the commissioner shall hold a public hearing in the
locality of the surface coal mining operation proposed for bond release or at
the State capital at the option of the objector, within thirty days of the request
for such hearing.
G. Without prejudice to the rights of the objectors, the applicant, or the
responsibilities of the commissioner pursuant to this section, the commissioner
may establish an informal conference as provided in R.S. 30:913 to resolve
such written objections.
H. For the purpose of such hearing the commissioner shall have the
authority and is hereby empowered to administer oaths, subpoena witnesses,
or written or printed materials, compel the attendance of witnesses, or
production of the materials, and take evidence including but not limited to
inspections of the land affected and other surface coal mining operations
carried on by the applicant in the general vicinity. A verbatim record of each
public hearing required by this Chapter shall be made, and a transcript made
available on the motion of any party or by order of the commissioner.

Legislative History

Added by Acts 1978, No. 406, §1.