GA Code § 12-4-75 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 2 - Mining and Drilling|Part 3 - Surface Mining|§ 12-4-75. Permits for Surface Mining Operations; Submission of Mining Land Use Plan and Amendment to Plan; Bonding of Applicants

 Operators of surface mining firms shall be required:    To obtain from the director of the division a permit to conduct surface mining operations in the specified area to be mined prior to commencing the operation of same, provided that where a change in ownership of a mining operation occurs, the new owners may continue such operation on condition that a valid application, mining land use plan, and bond sufficient as to form and content for final approval are placed on file with the director within 60 days from date of consummation of the ownership change.In the event the new owners fail to place on file with the director the necessary documents for permitting within said 60 day period, all activities associated with removal of minerals or ores from the premises shall cease.It is further provided that a mining operator who continues to conduct a surface mining operation under a previous owner's permit in accordance with this paragraph shall be subject to having said permit revoked in the same manner and under the same conditions as a mining operator conducting a surface mining operation under his own permit. The application for a permit shall be made on a form provided by the director. The permit shall be issued on evidence satisfactory to the director of compliance with this part and the rules and regulations promulgated pursuant to this part, and the permit shall be conditioned upon the permittee's compliance with the approved mining land use plan;   To submit, with the application for a permit, a mining land use plan which shall be consistent with the land use in the area of the mine and shall provide for reclamation of the affected land.Once approved, the operator will be responsible for completion of the plan.However, any change affecting a new area or any other change in an approved plan must be submitted to the division for approval as an amendment to an operator's mining land use plan;   To file a bond with the director within 60 days after the date of being furnished approved surety bond forms by the division; provided, however, that any mining operator who desires to be exempted from the bonding requirement shall request an exemption from such bonding requirement from the director, whereupon a mining operator may be exempted from such bonding requirement at the discretion of the director.Any mining operator who has been granted an exemption from the bonding requirement and who subsequently violates any of the provisions of this part or the rules and regulations promulgated under this part, or who defaults on his obligations under any mining land use plan, may be required by the director to post a bond in accordance with this paragraph. Any bond filed with the director shall be written by a surety approved by the director and authorized to transact business in this state. Such bond shall be fixed by the director in an amount not more than $2,500.00 per acre, or fraction thereof, of the area of affected land. Such bond shall further be payable to the Governor and conditioned upon the faithful performance of the requirements set forth in this part and the rules and regulations promulgated pursuant to this part. Mining operators shall have the option of posting bond, government securities, cash, or any combination thereof on each mined area.In determining the amount of bond, government securities, or cash within the above limits, the director shall take into consideration the character and nature of the land reclamation requirements as approved in the operator's mining land use plan. For each permit, the director shall review and reevaluate at least every five years the site operation, objectives of the land use plan, and estimated cost factors for completion of the plan and shall require adjustments to bonding amounts as may be necessary to ensure adequate funding for site reclamation.The bond, government securities, or cash shall be held by the division until the affected land or any portion thereof is satisfactorily reclaimed, in the opinion of the director, at which time the bond, government securities, or cash or portion thereof shall be terminated or returned to the mining operator, provided that where a mining operator fails or refuses to complete any of his responsibilities under a mining land use plan and the bond, government securities, or cash are consequently recovered upon or forfeited, the director may expend as he deems appropriate that portion of such recovered or forfeited funds as is necessary to complete such mining operator's responsibilities under the mining land use plan.A mining operator, upon approval of an amended mining land use plan, shall file with the director the appropriate bond, government securities, or cash to cover the plan as amended, unless otherwise exempted from the bonding requirement.    (Ga. L. 1968, p. 9, § 6; Ga. L. 1971, p. 200, § 4; Ga. L. 1976, p. 527, §§ 3, 4; Ga. L. 1985, p. 879, § 1; Ga. L. 1992, p. 1098, § 3; Ga. L. 1996, p. 6, § 12.)   OPINIONS OF THE ATTORNEY GENERAL   Scope of section.    - This section does not give a landowner, whether an operator or operator's lessor, the right to exempt affected land from the reclamation requirement. 1970 Op. Att'y Gen. No. 70-31 (see O.C.G.A. § 12-4-75).   Coupon bond deemed government security within meaning of paragraph (3).    - Coupon bond, issued over the signature of the Secretary of the Treasury of the United States and representing an obligation of the United States, is a government security within the meaning of paragraph (3) of this section. 1970 Op. Att'y Gen. No. 70-18 (see O.C.G.A. § 12-4-75).   Blanket bond not prohibited.    - Blanket bond, which is satisfactory to the Surface Mined Land Use Board (now environmental protection division of Department of Natural Resources), adequate to reclaim affected lands and fencing within the limitations of this section is not prohibited by this section. 1970 Op. Att'y Gen. No. 70-18 (see O.C.G.A. § 12-4-75).    Detaching unmatured coupons represents impairment of maturity redemption value of security  since, if any coupons are missing, the security will not be redeemed unless accompanied by a remittance in an amount equal to the face value of the missing coupons; any coupons returned prior to maturity date would have to be deducted from the face value before discounting the value of the bond for the purpose of determining bonding coverage. 1970 Op. Att'y Gen. No. 70-18.   Time certificates not acceptable alternative under bonding requirement of paragraph (3).    - Time certificates, issued by a national bank doing business in Georgia, do not constitute an acceptable alternative under the bonding requirement of paragraph (3) of this section since, as obligations of a banking corporation, the certificates are neither cash nor government securities. 1970 Op. Att'y Gen. No. 70-18 (see O.C.G.A. § 12-4-75).    Cashier's check does not satisfy requirements of this section in that a cashier's check is a primary obligation of the bank upon which the cashier's check is drawn and, as such, it does not fall within the definition of "cash." 1970 Op. Att'y Gen. No. 70-18 (see O.C.G.A. § 12-4-75).   Unused forfeited bond funds.   - Should portion of moneys involved be unused at particular reclamation site, following authorization by the director of the division for the expenditure of forfeited bond funds, the remainder of the unused forfeited bond funds should not be allowed to accumulate in a forfeited bond escrow account for the purpose of completing reclamation on another site when bond funds are forfeited and are insufficient to properly complete reclamation; any such unused portions should be deposited into the state treasury. 1976 Op. Att'y Gen. No. 76-98.   Irrevocable letter of credit satisfies requirement.    - Requirement of posting a surety bond pursuant to O.C.G.A. § 12-4-75 may be met through the use of an irrevocable letter of credit issued by a commercial bank domiciled in this state. 1984 Op. Att'y Gen. No. 84-23.   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 243 et seq.   C.J.S.   - 58 C.J.S., Mines and Minerals, §§ 417 et seq., 443 et seq., 460, 462 et seq.   ALR.    - Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.    Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.   Prohibiting or regulating removal or exploitation of oil and gas, minerals, soil, or other natural products within municipal limits, 10 A.L.R.3d 1226.