Rule 391-3-3-.03 - Bonding(1) Upon approval by the Director of a Mining Land Use Plan or an amended Mining Land Use Plan submitted by the mining operator, the Division shall furnish approved surety bond forms to the mining operator, and advise said mining operator as to the amount of bond that will be required. A mining operator shall submit to the Director an acceptable performance bond, payable to the Governor of Georgia or his successor, within 60 days from the date of mail receipt or personal delivery to the operator such forms, unless otherwise exempted from the bonding requirement by the Director. Mining operators shall have the option of posting a surety bond, government securities, irrevocable letter of credit, cash or any combination thereof. If a cash bond is to be submitted, the mining operator shall submit a cashier's check or money order payable to the Georgia Department of Natural Resources. A mining operator submitting government securities shall purchase securities having a current market value equal to the full amount of the required bond. Additionally, government securities that contain interest coupons shall have all outstanding coupons attached thereto.(2) Bond requirements will be fixed in an amount of not less than $1,000 nor more than $2,500 per acre or fraction thereof of the area affected land. When determining the amount of bond required, the Director will consider the character and nature of the land reclamation requirements as approved in the operator's Mining Land Use Plan or amended Mining Land Use Plan and the degree to which the mining operator has complied with the provisions of any existing or past approved Mining Land Use Plan.(3)Exemption from the Bonding Requirement. Any mining operator who desires an exemption from the bonding requirements of this section shall make a written request for such an exemption from the Director. The Director, in determining whether such a request should be granted, will consider (1) the financial responsibility of the mining operator; (2) the degree to which the mining operator has complied with the provision of any existing or past approved Mining Land Use Plan; and (3) such other matters as the Director may deem appropriate and relevant. In considering the financial responsibility of the mining operator, the Director may require a mining operator to submit the latest available financial statement.(4) The bond, government securities, irrevocable letter of credit, or cash shall be held until the affected lands or any portion thereof are satisfactorily reclaimed. The Division shall inspect and evaluate affected lands to determine if the provisions of the Act, the rules and regulations promulgated thereunder, and the operator's approved Mining Land Use Plan have been properly fulfilled. The operator shall notify the Division by filing a final reclamation report when the provisions of his Mining Land Use Plan have been fulfilled. Upon receipt of the operator's final reclamation report advising that the provisions of the Mining Land Use Plan have been fulfilled, the Division will have the site(s) covered by said Plan inspected for compliance. Within 60 days from the date of such inspection, the Division will notify the mining operator in writing as to whether said operator has fulfilled the reclamation responsibility under his Plan. If said reclamation responsibility has been fulfilled, a mining operator who has not been granted an exemption from the bonding requirement will have his bonding obligation terminated.(5) Any mining operator who has been granted an exemption from the bonding requirement and who subsequently violates any provision of the Act or these rules and regulations, or who defaults on his obligations under any Mining Land Use Plan, may be required by the Director to post a bond.Ga. Comp. R. & Regs. R. 391-3-3-.03
Ga. L. 1968, p. 9, et. seq., as amended; specifically by Ga. L. 1976, p. 527; Ga. L. 1972, p. 1015, as amended; Ga. L. 1992, p. 1098, et seq., as amended.
Original Rule was filed on September 6, 1973; effective September 26, 1973.Amended: Filed October 23, 1974; effective November 12, 1974.Amended: Filed July 19, 1976; effective August 8, 1976.Amended: F. Jul. 23, 1992; eff. Aug. 12, 1992.