1980-08-30_GENERAL DOCUMENTS - C1981017

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Page 197 Section 3.04 3.04 FORFEITURE OF PERFORMANCE BONDS 124(4) 3.04.1 Criteria. (1) The Board shall declare all or an appropriate part of a performance bond for any permit as forfeited if the Board determines that any of the following circumstances exist: (a) The permittee has violated any of the terms or conditions of the bond and has failed to take adequate corrective action; (b) The permittee has failed to conduct the surface mining and reclamation operations in accordance with the Act, these Rules and the permit within the time required, and that it is necessary, in order to fulfill the requirements of the permit and the reclamation plan, to have someone other than the permittee correct or complete reclamation; (c) The permit has been suspended or revoked, and neither the permittee nor the surety has assumed liability for completion of the reclamation work under a compliance schedule approved under 3.04.1(2); or (d) The permittee or surety has failed to comply with a compliance schedule approved under 3.04.1(2). (2) The Board may withhold declaration of forfeiture if the permittee and the surety, if applicable, agree to a compliance schedule to correct the violations of the permit or to comply with the bond conditions. Such a compliance schedule shall provide for completion of reclamation within a reasonable time specified by the Board. The Board shall not agree to a compliance schedule if: (a) The permittee has become insolvent, failed in business, been adjudicated a bankrupt, filed a petition in bankruptcy or for a receiver, or had a receiver appointed by any court; or (b) A creditor of the permittee has attached or executed a judgment against the permittee's equipment, materials, facilities at the permit area or on any collateral pledged to the State; and (c) The permittee cannot demonstrate or prove the ability to continue to operate in compliance with the Act, these Rules and the permit.