Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-4 - WILDLIFE RESOURCES DIVISION › Subject 391-4-5 - BOATING REGULATIONS › Rule 391-4-5-.18 - Criteria for Requiring Indemnity and Forfeiture Bonds and for Declaring Default Thereon

Current through Rules and Regulations filed
				through June 27, 2024
(1) Indemnity bonds.
(a) In determining when the sponsor of a
				marine event shall be required to post an indemnity bond, in establishing the
				amount of such indemnity bond up to the maximum amount set forth in law, in
				determining when the Commissioner may make a demand on the bond, and in
				determining the amount of such demand, the Commissioner may consider the
				following:
1. the type and amount of services
				and manpower to be provided by such sponsor and the plan for coordinating the
				activities of public service agencies assisting in the conduct of and cleanup
				after the proposed event;
2. the
				ability of the sponsor to ensure that all vessels entered in the event are
				restricted to those constructed in such a manner and having buoyancy materials
				complying with Rule
				391-4-5-.06;
3. the ability of the sponsor to meet the
				solid waste disposal requirements contained in Rule
				391-4-5-.08; including plans
				specifying the types of containers which will be used to accommodate solid
				waste generated during the event, the location of such containers during the
				event and plans for the disposition of the solid waste at the conclusion of the
				event and explanations of how participants and sponsor-approved food and
				beverage concessionaires will be notified of the requirements of the Georgia
				Litter Control Law;
4. the ability
				of the sponsor to meet the requirements for sanitary facilities as required in
				Rule 391-4-5-.09,
				including plans for determining an adequate number of facilities for a
				permitted event, plans for the placement of the facilities in the area of the
				permitted event and plans for removal of sanitary facilities and disposal of
				waste materials;
5. the sponsor's
				plans for debris recovery as required in Rule 391-45-.10 including provisions
				for the recovery of sunken and floating debris in the area of the permitted
				event, plus all debris generated by the event downstream of the finish point if
				the event is to held on a river or stream;
6. the ability of the sponsor to meet the
				site restoration requirements contained in Rule
				391-4-5-.11, including plans for
				restoring areas within the permitted event to their pre-event
				condition;
7. the total number of
				anticipated participants and spectators;
8. the past experience of the Department in
				dealing with and/or regulating previous events of the same type, size, nature,
				structure or within the same type geographical or topographical area or
				previous events conducted by the proposed sponsor;
9. the actual extent of compliance by the
				sponsor with cleanup, site restoration and waste disposal
				requirements;
10. the actual extent
				of demand upon the Department including actual expenses, labor, equipment
				usage, etc., to provide cleanup and site restoration due to failure of the
				sponsor to adequately fulfill the requirements related to cleanup, site
				restoration and waste disposal.