§ 36-3-109 — Disposal of slash on timber lands; forestry performance account

(a) The state forester shall provide for the disposal of
any slash resulting from the harvest of forest products and may
require forest management work through a forest product sales
contract or a service contract. The state forester may, when
deemed necessary, require a slash deposit or performance bond to
cover the anticipated cost of any slash disposal or required
management work as a guarantee of compliance with contract
specifications.
(b) When any slash is not disposed of or management work
is not completed in accordance with the requirements of the
forest products sales contract or service contract, the state
forester may go upon the premises with such personnel, equipment
and supplies as may be necessary to burn or otherwise dispose of
the slash or complete a required management project. The expense
incurred in disposing of the slash or completing the required
management project, shall be a charge against the posted
performance bond or slash deposit.
(c) Repealed By Laws 1999, ch. 124, § 2.
(d) There is created the revolving forestry performance
account in which any performance bond or slash deposit shall be
deposited, and from which any expense incurred in the completion
of slash disposal or another contract requirement not complying
with forest products sale or service contract specifications
shall be paid. The funds in the account are continuously
appropriated to the state forester for the purposes of this
section. Upon successful completion of required slash disposal
or other contract requirements, as determined and approved by
the state forester, the performance bond or slash deposit shall
be refunded to the purchaser or contractor. If required slash
disposal or other contract requirements are partially completed,
the expense of completing the required work shall be charged
against the forestry performance account with the balance of the
performance bond or slash deposit, if any, refunded to the
purchaser or contractor.