Bond forfeiture proceedings

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  1. (a) The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to:

    1. (1) Failure to abate any violation of this subchapter or any rule promulgated thereunder;

    2. (2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond;

    3. (3) Failure to comply with any order of the division;

    4. (4) Failure to reclaim any affected land in accordance with this subchapter; or

    5. (5) Insolvency, bankruptcy, or receivership of the operator.

  2. (b) The division shall notify the operator in writing of the bond forfeiture, and the operator shall be given an opportunity for a hearing as provided in this subchapter.


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