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5) A Financial Warrantor shall have ninety (90) days to provide an alternate wazranty <br />required under Pazagraph 4.14(4). <br />4.19 FORFEITURE OF FINANCIAL WARRANTY <br />(2) Whenever the Board, based on information and belief, has reason to believe that a <br />Financial Warranty is subject to forfeiture, the Boazd shall so notify the Operator and all <br />Financial Warrantors. The Boazd shall afford the Operator and all Financial Warrantors <br />the right to appear before the Board at a hearing to be held not less than thirty (30) days <br />after the parties'receipt of said Notice. <br />(4) Upon finding that a Financial Warranty should be forfeited, the Board shall issue <br />written findings of fact and conclusions of law to support its decision and shall issue an <br />order directing affected Financial Warrantors to immediately deliver to the Board all <br />amounts warranted by applicable Financial Warranties. <br />(5) The Board, upon issuing any order pursuant to Paragraph 4.19(3), may request the <br />Attorney General to institute proceedings to secure or recover amounts warranted by <br />forfeited Financial Warranties. The Attorney General shall have the power, inter alia, to: <br />(a) foreclose upon any real and personal property encumbered for the benefit of the state; <br />(b) collect, present for payment, take possession of, and otherwise reduce to cash any <br />property held as security by the Board; <br />(c) dispose of pledged property. <br />(11) Notwithstanding any provision of this Section to the contrary, a corporate surety <br />may elect to reclaim Affected Lands in accordance with an approved plan in lieu of <br />forfeiting a bond penalty, or in accordance with the approved Plan acceptable to the <br />Board or Office, otherwise the Board may forfeit the fund and perform reclamation. <br />8.4 EMERGENCY RESPONSE AUTHORITY OF THE OFFICE <br />8.4.1 Responsibilities of the Office <br />The Office may: <br />(e) operate the Environmental Protection Facility utilizing any or all portions of the <br />Financial Warranty established for such purpose. Such funds shall be available for the <br />state to operate any portion of the Environmental Protection Facilities, or other facilities <br />as may be necessary, to terminate an emergency as defined by these Rules. In responding <br />to an emergency, the Board or Office will first use funds available as appropriate from <br />the Emergency Response Cash Fund prior to utilizing any or all portions of the <br />Permittee's Financial Warranty. <br />4 <br />