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17.24.203    BOND OR OTHER SECURITY

(1) An application for a permit must be accompanied by a bond or other security acceptable to the department under 82-4-433, MCA, of at least $200 for each acre of affected land as defined in 82-4-403, MCA. After the department has evaluated the site it may require an increase in the amount of bond or other security in accordance with 82-4-433, MCA.

(2) The department may adjust the bond or other security levels yearly.  Should the department determine that additional bond or other security is required, the operator shall submit it within 30 days of notification by the department.

(3) If the bond or other security is canceled or otherwise becomes ineffective, the operator shall reinstate it or replace it with another bond or other security acceptable to the department under 82-4-433, MCA, within 30 days of notification by the department of the cancellation.  Upon failure of the operator to reinstate or replace such bond or other security within that time, the department may suspend the permit(s) secured by such bond or other security until its reinstatement or replacement.  The operator shall immediately cease opencut operations, except reclamation activities, on lands covered by a suspended permit.

(4) Requests for full or partial release of bond or other security must be submitted on forms provided by the department.

History: 82-4-422, MCA; IMP, 82-4-432, 82-4-433, MCA; NEW, 1994 MAR p. 1871, Eff. 7/8/94; TRANS, from DSL, 1996 MAR p. 2852; AMD, 2004 MAR p. 317, Eff. 2/13/04.

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