Section 11-8-2.4-45-4703 - Procedures(a)(1) If a surface coal mining and reclamation operation is not proceeding in accordance with the act or the permit, the operation represents an imminent threat to the public health, welfare and the environment, and the operator has failed, within thirty (30) days after written notice to the operator and opportunity for a formal hearing, to take appropriate corrective action, a forfeiture proceeding may be commenced by the Commission against the operator for any performance bond or other collateral posted by the operator.(2) A forfeiture proceeding against any performance bond or other collateral shall be commenced and conducted according to § § 49-17-31 through 49-17-41.(3) If the Commission orders forfeiture of any performance bond or other collateral, the entire sum of the performance bond or other collateral, the entire sum of the performance bond or other collateral shall be forfeited by the Department. The funds from the forfeited performance bond or other collateral shall be used to pay for reclamation of the permit area and remediation of any offsite damages resulting from the operation. Any surplus performance bond or other collateral funds shall be refunded to the operator or corporate surety.(4) Forfeiture proceedings shall be before the Commission and an order of the Commission under this subsection shall be a final order. If the Commission determines that forfeiture of the performance bond or other collateral should be ordered, the Department shall have the immediate right to all funds of any performance bond or other collateral, subject only to review and appeals allowed under § 49-17-41.(5) If the operator cannot be located for purposes of notice, the Department shall send notice of the forfeiture proceeding, certified mail, return receipt requested, to the permittee's, surety's, and operator's last known address. The Department shall also publish notice of the forfeiture proceeding in the same manner as provided for the publication of notice for the advertisement of land ownership under § 53-9-37. Any formal hearing on the bond forfeiture shall be set at least thirty (30) days after the last notice publication.(6) At least ten (10) days prior to commencement of a forfeiture proceeding, the Department shall notify the permittee and surety, if applicable, of the conditions under which forfeiture may be avoided. Such conditions may include, but are not limited to: (A) agreement by the permittee or another party to an order of the Commission requiring that party to perform reclamation operations in accordance with a compliance schedule which meets the conditions of the permit, the reclamation plan and the regulatory program and to provide a demonstration that such party has the ability to satisfy the conditions; or(B) the Commission may allow a surety to complete 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 Permit Board may approve partial release authorized under Rule 45, no surety liability shall be released until successful completion of all reclamation under the terms of the permit, including the applicable liability periods of § 4105;(7) The Commission may proceed in an action for collection on the bond as provided by § 53-9-65(g) for the collection of defaulted bonds or other debts.(8) The Commission may use funds collected from bond forfeiture to complete the reclamation plan, or portion thereof, on the permit area or increment, to which bond coverage applies.(b) The Commission may forfeit any or all bond deposited for an entire permit area, in order to satisfy § 4701-4707. Liability under any bond, including separate bond increments or indemnity agreements applicable to a single operation, shall extend to the entire permit area.(c) If the performance bond or other collateral is insufficient to cover the costs of reclamation of the permit area or remediation of any offsite damages, the Commission may initiate a civil action to recover the deficiency amount in the county in which the surface coal mining operation is located. If the Commission initiates a civil action, the Commission shall be entitled to any sums necessary to complete reclamation of the permit area and remediate any offsite damages resulting from that operation, and attorneys' fees. (1) The Department may complete, or authorize completion of, reclamation of the bonded area and may recover from the operator all costs of reclamation in excess of the amount forfeited.(2) In the event the amount of performance bond forfeited was more than the amount necessary to complete reclamation, the unused funds shall be returned by the Commission to the party from whom they were collected.11 Miss. Code. R. § 8-2.4-45-4703