PERMFILE133580 - Laserfiche WebLink

Home Browse Search

farcTi ~ , .1981 Page Tu•o • • III.. States which allow the agency to accept, in its discretion,. in addition to the usual forms of surety, liens, individual surety or other security sufficient to guarantee reclamation: California New Hampshire Indiana Oregon Maine Virginia Montana IV. States which (in some cases seemingly due to the haste in enacting an approvable state coal program) have re- cently amended their reclamation statutes to apply only to coal, and states which have only the coal act in place: Kansas Kentucky Lousiana Maryland Massachusets North Dakota V. States which use a reclamation trust fund: Florida. In Florida,50° of severance taxes on solid minerals are paid into a Land Reclamation Trust Fund. The operator-taxpayer may earn a credit against severance taxes paid if he has in effect an approved reclamation plan. The state comptroller grants a refund to the operator-taxpayer from the Land Reclamation Trust Fund "upon written verification of com- pliance .... and upon verification of the cost of the restora- tion and re~~lamation program." F.S.A. RIV, Ch. 211, Sec. 211.31, 211.32. In Florida the obligation to reclaim is made a burden upon the land itself. The duty to reclaim "shall run with the land and shrill be enforceable against any person claiming a fee . interest in the land ...." F.S.A, ss 211.32 (k). Pennsylvania. In Pennsylvania, corporate surety; cash or government securities are required. However, if the depart- ment determines (a) that the ore body exceeds the overburden by more than a four to one ratio, and (b) that operations will con- tinue for over ten years, then, in lieu of such surety, tl~e operator may elect to pay into a Surface Alining Conservation and Reclamation Fund an amount equal to 95% of the average surety bond premium (as determined by the state insurance commissioner) which the operator would otherwise have to pay for a surety bond.