207.16 - RELEASE OF PERFORMANCE BONDS OR DEPOSITS.
207.16 RELEASE OF PERFORMANCE BONDS OR DEPOSITS.
1. Each operator upon completion of any reclamation work required
by this chapter shall apply to the division in writing for approval
of the work. The division shall promulgate rules consistent with
Pub. L. No. 95-87, section 519, regarding procedures and requirements
to release performance bonds or deposits.
2. The division may release in whole or part the bonds or
deposits if the division is satisfied the reclamation covered by the
bonds or deposits or portions thereof has been accomplished as
required by this chapter according to stages determined by the
division by rule. When the operator has completed successfully all
surface coal mining and reclamation activities, the remaining portion
of the bond shall be released upon the expiration of the period
specified for operator responsibility in the rules promulgated
pursuant to section 207.7. A bond shall not be fully released until
all reclamation requirements of this chapter are fully met.
3. A person with a valid legal interest which might be adversely
affected by release of the bond or a federal, state, 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 which is authorized to develop
and enforce environmental standards with respect to such operations
may file written objections to the proposed release from bond to the
division within sixty days after the last publication as required by
rule of a notice of a request for bond release by the operator. If
written objections are filed and a hearing is requested, the division
shall inform all the interested parties of the time and place of the
hearing, and hold a public hearing as a contested case in the
locality of the coal mining operation or at the state capital, at the
request of the objectors, within thirty days of the request. The
date, time, and location shall be advertised by the division in a
newspaper of general circulation in the locality for two consecutive
weeks. Section History: Early Form
[C81, § 83.16] Section History: Recent Form
C93, § 207.16
2006 Acts, ch 1010, §63