Section 15-57-405 - Notification of temporarily closed quarry(a) Quarry sites in which operations are only occasionally conducted and in which the operator anticipates future quarry activity can be shut down on a temporary basis. If so, the operator will file a notification of temporarily closed quarry with the Division of Environmental Quality, within thirty (30) days after an operation is closed. Full reclamation will not be required until no further additional quarrying is anticipated or the quarry is exhausted. All operational safeguards, as described in this subchapter, will remain in place as required until the quarry is exhausted. The notification of temporarily closed quarry will contain the following:(1) Same information as notification of intent to quarry per § 15-57-404(a); and(2) Right to temporarily close as follows: "I, operator of [quarry name], located at [legal description in __________________ County], have the legal right by deeds, leases, or other instruments to temporarily close this quarry operation until such time as it becomes necessary to reactivate this operation. I will comply with all state and federal laws, rules, and regulations during this temporary closure and inactive status."
(b) When an operator closes a quarry and fails to file a notification of temporarily closed quarry with the division within sixty (60) days, the division may levy a fine of not more than one hundred dollars ($100) per day by citation until said notification is received. The maximum fine is five thousand dollars ($5,000).(c) If a notification of temporarily closed quarry is not received within ninety (90) days of the issuance of the citation, the division may declare that the quarry is in default and require the operator to reclaim the site as per the bonding and reclamation requirements or the division may forfeit the bond and issue a contract to have the site reclaimed as per the reclamation requirements.Amended by Act 2019, No. 315,§ 1170, eff. 7/24/2019.Amended by Act 2019, No. 910,§ 3121, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 3120, eff. 7/1/2019.Acts 1997, No. 1166, § 5.