17.24.1102 BONDING: DETERMINATION OF BOND AMOUNT
The standard applied by the department in
determining the amount of performance bond is the estimated cost to the
department if it had to perform the reclamation, restoration, and abatement
work required of an operator or a prospecting permittee under the Act, the
rules adopted thereunder, and the permit.
This amount is based on, but not limited to:
(1) the estimated costs submitted by the permittee
in accordance with ARM 17.24.313 and, if applicable, costs estimated by using
current machinery production handbooks and publications or other documented
costs acceptable to the department;
(2) the additional estimated costs to the
department which may arise from applicable public contracting requirements or
the need to bring personnel and equipment to the permit area after its
abandonment by the permittee to perform reclamation, restoration, and abatement
(3) all additional estimated costs necessary,
expedient, and incident to the satisfactory completion of the requirements
identified in this rule;
(4) an additional amount based on factors of cost
changes during the preceding 5 years for the types of activities associated
with the reclamation to be performed; and
(5) such other cost information as may be required
by or available to the department.
History: 82-4-204, 82-4-205, MCA; IMP, 82-4-223, 82-4-232, 82-4-235, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 2852.