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i • <br />deposited in a special account established by the board for <br />the purposes of reclaiming lands which were obligated to be <br />reclaimed under the permits upon which such financial <br />warranties have been forfeited. <br />(2) Any applicant that desires to utilize the <br />self-insurance provisions listed in section 34-32-117 (3) (a) <br />(V), (VI), (VII), and (VIII) shall pay an annual fee to the <br />division sufficient to defray the actual cost to the division <br />of establishing and reviewing the financial warranty of the <br />applicant. These funds are hereby annually made available to <br />the division which shall utilize outside financial and legal <br />services for this purpose. <br />34-32-123. Operating without a permit - penalty. (1) <br />Whenever an operator or prospector fai]s to obtain a valid <br />permit or file a notice of intent under the provisions of this <br />article, the board may issue an immediate cease and desist <br />order. Concurrently with the issuance of such an order, the <br />board may seek a restraining order or injunction pursuant to <br />section 34-32-124 (3). <br />(2) Any operator who operates without a permit or a <br />prospector who prospects without filing a notice of intent <br />shall be subject to a civil penalty of not less than one <br />hundred dollars per day nor more than one thousand dollars per <br />day during which such violation occurs; except that any <br />operator eligible for a permit under section 34-32-110 shall <br />be subject to a civil penalty of not less than fifty dollars <br />nor more than two hundred dollars per day during which such <br />violation occurs. <br />34-32-124. Failure to cbm 1 with the conditions of an <br />order, permit, or regu an on. 1 Whenever the board has <br />reason to believe that there has occurred a violation of an <br />order, permit, notice of intent, or regulation issued under <br />the authority of this article, written notice shall be given <br />to the operator or prospector of the alleged violation. Such <br />notice shall be served personally or by certified mail, return <br />receipt requested, upon the alleged violator or his agent for <br />service of process. The notice shall state the provision <br />alleged to be violated and the facts alleged to constitute the <br />violation and may include the nature of any corrective action <br />proposed to be required. <br />(2) If the board determines that there exists any <br />violation of any provisions of this article or of any notice, <br />permit, or regulation issued or promulgated under authority of <br />this article, the board may issue a cease and desist order. <br />Such order shall set forth the provisions alleged to be <br />violated, the facts alleged to constitute the violation, and <br />the time by which the acts or practices complained of must be <br />terminated and may include the nature of any corrective action <br />proposed to be required. Such order shall be served <br />-33- <br />November, 1983 <br />