Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0006 - Land Quality - Coal
Chapter 11 - SELF-BONDING PROGRAM
Section 11-5 - Substitution of the Operator's Self-bond

020-11 Wyo. Code R. § 11-5

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Current through April 27, 2019
Section 11-5 - Substitution of the Operator's Self-bond

(a) The Administrator may require the operator to substitute a good and sufficient corporate surety licensed to do business in the State if the Administrator determines in writing that the self-bond of the operator fails to provide the protection consistent with the objectives and purposes of this Act. The Administrator shall require this substitution if the financial information submitted or requested under Section 4(a)(ii) indicates that the operator no longer qualifies under the self-bonding program. Substitution of an alternate bond shall be made within 90 days. The operator may also request substitution. This request is contingent upon the operator meeting all the requirements of the bond provisions (W.S. §§ 35-11-417 to 424 (1977)) of the Act. If these requirements are met, the Administrator shall accept substitution.

(b) If the operator fails within 90 days to make a substitution for the revoked self-bond with a corporate surety, cash, governmental securities, or federally insured certificates of deposit, or irrevocable letters of credit, the Administrator shall suspend or revoke the license of the operator to conduct operations upon the land described in the permit until such substitution is made.

(c) All methods of substitution shall be made in accordance with the bonding provisions (W.S. §§ 35-11-417 to 35-11-424(1977) ) of the Act. The Administrator shall either:

  • (i) Require substitution of a good and sufficient corporate surety licensed to do business in the State that will stand as surety so as to cover all periods of time as they relate to the mining operations, or
  • (ii) Retain from the operator sufficient assets within the department so as to cover that period of time of the mining operation which is not covered by the substituted surety. Those assets not retained shall be returned to the operator within 60 days free from the Department's encumbrances, liens, mortgages or security interests.

020-11 Wyo. Code R. § 11-5