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? ? •r 9 <br />i <br />f <br />warranty forfeited pursuant to section 34-32.5-123 for administrative costs associated with <br />reclaiming sites for which the financial warranty has been revoked shall be deposited in the <br />mined land reclamation fund, created in section 34-32-127. All civil penalties collected <br />pursuant to this article shall be deposited in the general fund. Ninety-five percent of the <br />proceeds of all financial warranties forfeited under section 34-32.5-118 shall be deposited <br />in a special account in the general fund established by the board for the purpose of reclaiming <br />lands that were required to be reclaimed under permits upon which such financial warranties <br />had been forfeited. <br />(2) An applicant that desires to use the self-insurance provisions in section <br />34-32.5-117 (3) (f) (IV) to (3) (f) (VII) or (8) shall pay an annual fee to the office sufficient <br />to defray the actual cost to the office of establishing and reviewing the financial warranty of <br />such applicant. Such funds are hereby annually made available to the office, which shall <br />utilize outside financial and legal services for this purpose. <br />34-32.5-123. Operating without a permit - penalty. (1) If an operator or person <br />conducting exploration fails to obtain a valid permit or file a notice of intent pursuant to this <br />article, the board or the office may issue an immediate cease-and-desist order. Concurrently <br />with the issuance of such an order, the board or the office may seek a restraining order or <br />injunction pursuant to section 34-32.5-124. <br />(2) An operator who operates without a permit shall be subject to a civil penalty of <br />not less than one thousand dollars per day nor more than five thousand dollars per day for <br />each day the land has been affected, not to exceed three hundred sixty-five days. An operator <br />who mines substantial acreage beyond the approved permit boundary may be found to be <br />operating without a permit. <br />(3) A person who conducts exploration without filing a notice of intent shall be <br />subject to a civil penalty of not less than fifty dollars per day nor more than two hundred <br />dollars per day for each day the land has been affected. Such penalties shall be assessed for <br />not less than one day and not more than sixty days. <br />(4) In addition to the civil penalties imposed in subsections (2) and (3) of this section, <br />the board shall also assess a civil penalty in an amount not less than the amount necessary <br />to cover costs incurred by the division in investigating the alleged violation. <br />34-32.5-124. Failure to comply with the conditions of an order, permit, or <br />regulation. (1) Whenever the board or the office has reason to believe that a violation of <br />an order, permit, notice of intent, or regulation issued under this article has occurred, written <br />notice of the alleged violation shall be given to the operator or person conducting the <br />exploration. Such notice shall be served personally or by certified mail, return receipt <br />requested, upon the alleged violator or the alleged violator's agent for service of process. The <br />notice shall state the provision alleged to have been violated and the facts alleged to <br />constitute such violation and may include the nature of any corrective action proposed to be <br />required. <br />(2) If the board determines that any provision of this article or any notice, permit, or <br />regulation issued or promulgated pursuant to this article has been violated, it may issue a <br />cease-and-desist order. Such order shall set forth the provisions alleged to be violated, the