§ 23-2715 — Financial security for reclamation

§ 23-2715. Financial security for reclamation.\n 1. Before the department may issue a permit, the applicant, unless\nexempt, shall furnish financial security to ensure the performance of\nreclamation as provided in the approved mined land-use plan and naming\nthe state as beneficiary. Financial security shall be in the form of a\nbond from a corporate surety licensed to do business as such in the\nstate or any other form the department may deem acceptable. Any interest\naccruing as a result of such security shall be the exclusive property of\nthe permittee.\n 2. The department shall determine the amount, condition, and terms of\nthe financial security. The amount shall be based upon the estimated\ncost of reclaiming the affected land, which shall be based on\ninformation contained in the permit application and upon such\ninformation as an investigation by the department may disclose.\n 3. The financial security shall remain in full force and effect until\nthe department has approved the reclamation. At the discretion of the\ndepartment, the permittee may secure the release of that portion of the\nfinancial security for affected land on which reclamation has been\ncompleted and approved by the department.\n 4. If the financial security shall for any reason be cancelled, within\nthirty days after receiving notice thereof, the permittee shall provide\na valid replacement under the same conditions as described in this\nsection. Failure to provide a replacement bond within such period may,\nat the discretion of the commissioner, result in the immediate\nsuspension of the mining permit by the department.\n 5. If a permit is suspended or revoked, the department may require the\npermittee to commence reclamation upon thirty days notice.\n 6. If the permittee fails to commence or to complete the reclamation\nas required, the department may attach the financial security furnished\nby the permittee. In any event, the full cost of completing reclamation\nshall be the personal liability of the permittee and/or the person\nengaged in mining and the department, acting by the attorney general,\nmay bring suit to recover all costs to secure the reclamation not\ncovered by the financial security. The materials, machinery, implements\nand tools of every description which may be found at the mine, or other\nassets of the permittee and/or the person engaged in mining shall be\nsubject to a lien of the department for the amount expended for\nreclamation of affected lands and shall not be removed without the\nwritten consent of the department. Such lien may be foreclosed by the\nattorney general in the same manner as a mechanic's lien. Any and all\nmoneys recovered shall be deposited in the environmental regulatory\naccount pursuant to section 72-1009 of this chapter.\n 7. Political subdivisions, municipalities, the United States and any\nof its agencies and agencies of the state shall be exempt from the\nrequirements of this section.\n