23-2715 - Financial security for reclamation.

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