Rule 391-4-5-.18 - Criteria for Requiring Indemnity and Forfeiture Bonds and for Declaring Default Thereon(1) Indemnity bonds. (a) In determining when the sponsor of a marine event shall be required to post an indemnity bond, in establishing the amount of such indemnity bond up to the maximum amount set forth in law, in determining when the Commissioner may make a demand on the bond, and in determining the amount of such demand, the Commissioner may consider the following: 1. the type and amount of services and manpower to be provided by such sponsor and the plan for coordinating the activities of public service agencies assisting in the conduct of and cleanup after the proposed event;2. the ability of the sponsor to ensure that all vessels entered in the event are restricted to those constructed in such a manner and having buoyancy materials complying with Rule 391-4-5-.06;3. the ability of the sponsor to meet the solid waste disposal requirements contained in Rule 391-4-5-.08; including plans specifying the types of containers which will be used to accommodate solid waste generated during the event, the location of such containers during the event and plans for the disposition of the solid waste at the conclusion of the event and explanations of how participants and sponsor-approved food and beverage concessionaires will be notified of the requirements of the Georgia Litter Control Law;4. the ability of the sponsor to meet the requirements for sanitary facilities as required in Rule 391-4-5-.09, including plans for determining an adequate number of facilities for a permitted event, plans for the placement of the facilities in the area of the permitted event and plans for removal of sanitary facilities and disposal of waste materials;5. the sponsor's plans for debris recovery as required in Rule 391-45-.10 including provisions for the recovery of sunken and floating debris in the area of the permitted event, plus all debris generated by the event downstream of the finish point if the event is to held on a river or stream;6. the ability of the sponsor to meet the site restoration requirements contained in Rule 391-4-5-.11, including plans for restoring areas within the permitted event to their pre-event condition;7. the total number of anticipated participants and spectators;8. the past experience of the Department in dealing with and/or regulating previous events of the same type, size, nature, structure or within the same type geographical or topographical area or previous events conducted by the proposed sponsor;9. the actual extent of compliance by the sponsor with cleanup, site restoration and waste disposal requirements;10. the actual extent of demand upon the Department including actual expenses, labor, equipment usage, etc., to provide cleanup and site restoration due to failure of the sponsor to adequately fulfill the requirements related to cleanup, site restoration and waste disposal.(b) Whenever the sponsor of a marine event for which an indemnity bond has been posted fails or refuses to comply with the conditions of its permit relating to clean up after the event or whenever it becomes apparent to the Department that the said sponsor will be unable to comply with those conditions within the time limit set forth in the said permit, the Department shall notify the sponsor and the bonding company of its finding of the sponsor's present or imminent default and its intent to proceed with the necessary clean up unless, within a specified period, the sponsor and the bonding company achieve full compliance with the said permit conditions. Upon a failure of the sponsor or the bonding company or both to achieve full compliance with the said permit conditions within the period specified in the notice, the Department will proceed with the necessary clean up, calculate its costs, including labor, equipment use and maintenance, materials and supplies, and declare the indemnity bond forfeited to the extent of its costs in accomplishing the clean up.(2) Forfeiture Bonds. (a) In determining when the sponsor of a marine event shall be required to post a forfeiture bond, in establishing the amount of such forfeiture bond up to the maximum amount set forth in law, in determining when the Commissioner may make demand on the bond, and in determining if such demand will be for an amount less than the face amount of the bond, the Commissioner may consider the following: 1. the type and amount of services and manpower to be provided by such sponsor and the plan for coordinating the activities of public service agencies assisting in the conduct of and clean up after the proposed event;2. the ability of the sponsor to ensure that all vessels entered in the event are restricted to those constructed in such a manner and having buoyancy materials complying with Rule 391-4-5-.06;3. the ability of the sponsor to meet the solid waste disposal requirements contained in Rule 391-4-5-.08, including plans specifying the types of containers which will be used to accommodate solid waste generated during the event, the location of such containers during the event and plans for the disposition of the solid waste at the conclusion of the event and explanations of how participants and sponsor-approved food and beverage concessionaires will be notified of the requirements of the Georgia Litter Control Law;4. the ability of the sponsor to meet the requirements for sanitary facilities as required in Rule 391-4-5-.09, including plans for determining an adequate number of facilities for a permitted event, plans for the placement of the facilities in the area of the permitted event and plans for removal of sanitary facilities and disposal of waste materials;5. the sponsor's plans for debris recovery as required in Rule 391-4-5-.10 including provisions for the recovery of sunken and floating debris in the area of the permitted event, plus all debris generated by the event downstream of the finish point if the event is to be held on a river or stream;6. the ability of the sponsor to meet the site restoration requirements contained in Rule 391-4-5-.11, including plans for restoring areas within the permitted event to their pre-event condition;7. the total number of anticipated participants and spectators;8. the past experience of the Department in dealing with and/or regulating previous events of the same type, size, nature, structure or within the same type geographical or topographical area, or previous events conducted by the proposed sponsor:9. the ability of the sponsor to ensure compliance with the public safety requirements listed in Rule 391-4-5-.04;10. the ability of the sponsor to enlist a sufficient number of authorized peace officers as required by law;11. the ability of the sponsor to ensure compliance with the boating safety requirements contained in Rule 391-4-5-.05 and in the Georgia Boat Safety Act;12. the overall ability of the sponsor to coordinate the requirements of the applicable laws, rules, regulations and permits issued into a single comprehensive plan for the conduct of a water event;13. the anticipated size and magnitude of the proposed event;14. the actual extent of compliance by the sponsor with cleanup, site restoration and waste disposal requirements;15. the existence of unusual public safety hazards inherent in the event;16. the fragility of the ecosystem in which the event is sought to be conducted.(b) Whenever the sponsor of a marine event for which a forfeiture bond has been posted fails or refuses to comply with any provision of the Georgia Boat Safety Act, these Rules or any of the conditions of its permit, the Commissioner may declare a forfeiture of the face amount of said bond or that portion of the face amount of the bond which he deems appropriate based on the extent of failure or refusal on the part of the sponsor. In making his decision, he may consider the following: 1. violations relating to public safety;2. violations relating to requirements for the provision of facilities for the comfort and convenience of participants and spectators;3. violations of requirements relating to preventing, minimizing or mitigating damage to the water body and surrounding area.(c) The Commissioner shall have the discretion to determine the precise amount to be declared forfeited, depending upon the seriousness and degree of the noncompliance.Ga. Comp. R. & Regs. R. 391-4-5-.18
Ga. L. 1973, p. 1427, et seq., as amended.
Original Rule entitled "Repealer" was filed on December 12, 1979; effective January 1, 1980.Amended: Rule repealed and a new Rule entitled "Criteria for Requiring Indemnity and Forfeiture Bonds and for Declaring Default Thereon" adopted. Filed July 1, 1982; effective July 21, 1982.