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(7) 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 forfeiting <br />a bond penalty. <br />34-32-119. Operators - succession. Where one operator succeeds another at any <br />uncompleted operation, the board shall release the first operator from all liability as to that <br />particular reclamation operation and shall release all applicable performance and financial <br />warranties as to such operation if the successor operator assumes, as part of his obligation <br />under this article, all liability for the reclamation of the affected land, and his obligation is <br />covered by appropriate performance and financial warranties as to such affected land. Where <br />one operator succeeds another, a fee as specified in section 34-32-127 (2) shall be paid to the <br />board before the first operator is released from liability and before any financial warranties <br />are released. <br />34-32-120. Permit refused defaulting operator. No permit for new mining <br />operations shall be granted to any operator who is currently found to be in violation of the <br />provisions of this article with respect to any operation in this state. <br />34-32-121. Entry upon lands for inspection. The board, the office, or their <br />authorized representatives may enter upon the lands of the operator at all reasonable times <br />for the purpose of inspection to determine whether the provisions of this article have been <br />complied with. <br />34-32-121.5. Reporting certain conditions. Any person engaged in a mining <br />operation shall notify the office of any failure or imminent failure as soon as reasonably <br />practicable after such person has knowledge of such condition, but for in situ leach mining <br />operations in no event more than twenty-four hours after the discovery of such failure or an <br />imminent failure, of: Any impoundment, embankment, or slope that poses a reasonable <br />potential for danger to any persons or property or to the environment; any structure for in situ <br />leach mining operations designed to detect, prevent, minimize, or mitigate adverse impacts <br />on ground water; any structure used in connection with in situ leach mining designed to <br />detect, prevent, minimize, or mitigate adverse impacts on human health, wildlife, or the <br />environment; or any environmental protection facility designed to contain or control <br />chemicals or waste that are acid- or toxic-forming, as identified in the permit. <br />34-32-122. Fees, civil penalties, and forfeitures - deposit - emergency response <br />cash fund - created. (1) (a) All fees and assessments collected pursuant to this article and <br />five percent of the proceeds of any financial warranty forfeited pursuant to section 34-32-118 <br />shall be deposited in the mined land reclamation fund for administrative costs associated with <br />reclaiming sites for which the financial warranty has been revoked. All civil penalties <br />collected under the provisions of this article shall be deposited in the general fund. <br />Ninety-five percent of the proceeds of all financial warranties forfeited under the provisions <br />of section 34-32-118 shall be deposited in a special account in the general fund established <br />by the board for the purposes of reclaiming lands which were obligated to be reclaimed under <br />the permits upon which such financial warranties have been forfeited. <br />(b) Repealed. <br />-33- <br />January 29, 2009