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In the event forfeiture of the bond is necessary, the department shall:

(1) send written notification by certified mail, return receipt requested, to the permittee and the surety on the bond, if applicable, of the department's determination to forfeit all or part of the bond and the reasons for the forfeiture, including a finding of the amount to be forfeited;

(2) advise the permittee and surety, if applicable, of any conditions under which forfeiture may be avoided, including, but not limited to:

(a) agreement by the permittee or another party to perform reclamation operations in accordance with a compliance schedule that meets the conditions of the permit, the reclamation plan, and the regulatory program, and a demonstration that such party has the ability to satisfy the conditions; or

(b) completion by the surety of the reclamation plan, or the portion of the reclamation plan applicable to the bonded phase or increment, if the surety can demonstrate an ability to complete the reclamation in accordance with the approved reclamation plan. Except where the department approves partial release under ARM 17.24.1116, no surety liability may be released until successful completion of all reclamation under the terms of the permit, including applicable responsibility periods; and

(3) in the event forfeiture cannot be or is not avoided under (2) , proceed in an action for collection on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this rule, for the amount forfeited.

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. 3042.

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