Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-3 - SURFACE MINING › Rule 391-3-3-.03 - Bonding

Current through Rules and Regulations filed through June 27,
				2024
(1) Upon approval
				by the Director of a Mining Land Use Plan or an amended Mining Land Use Plan
				submitted by the mining operator, the Division shall furnish approved surety
				bond forms to the mining operator, and advise said mining operator as to the
				amount of bond that will be required. A mining operator shall submit to the
				Director an acceptable performance bond, payable to the Governor of Georgia or
				his successor, within 60 days from the date of mail receipt or personal
				delivery to the operator such forms, unless otherwise exempted from the bonding
				requirement by the Director. Mining operators shall have the option of posting
				a surety bond, government securities, irrevocable letter of credit, cash or any
				combination thereof. If a cash bond is to be submitted, the mining operator
				shall submit a cashier's check or money order payable to the Georgia Department
				of Natural Resources. A mining operator submitting government securities shall
				purchase securities having a current market value equal to the full amount of
				the required bond. Additionally, government securities that contain interest
				coupons shall have all outstanding coupons attached thereto.
(2) Bond requirements will be fixed in an
				amount of not less than $1,000 nor more than $2,500 per acre or fraction
				thereof of the area affected land. When determining the amount of bond
				required, the Director will consider the character and nature of the land
				reclamation requirements as approved in the operator's Mining Land Use Plan or
				amended Mining Land Use Plan and the degree to which the mining operator has
				complied with the provisions of any existing or past approved Mining Land Use
				Plan.
(3)
Exemption from the
				Bonding Requirement.
Any mining operator who desires an exemption from
				the bonding requirements of this section shall make a written request for such
				an exemption from the Director. The Director, in determining whether such a
				request should be granted, will consider (1) the financial responsibility of
				the mining operator; (2) the degree to which the mining operator has complied
				with the provision of any existing or past approved Mining Land Use Plan; and
				(3) such other matters as the Director may deem appropriate and relevant. In
				considering the financial responsibility of the mining operator, the Director
				may require a mining operator to submit the latest available financial
				statement.
(4) The bond, government
				securities, irrevocable letter of credit, or cash shall be held until the
				affected lands or any portion thereof are satisfactorily reclaimed. The
				Division shall inspect and evaluate affected lands to determine if the
				provisions of the Act, the rules and regulations promulgated thereunder, and
				the operator's approved Mining Land Use Plan have been properly fulfilled. The
				operator shall notify the Division by filing a final reclamation report when
				the provisions of his Mining Land Use Plan have been fulfilled. Upon receipt of
				the operator's final reclamation report advising that the provisions of the
				Mining Land Use Plan have been fulfilled, the Division will have the site(s)
				covered by said Plan inspected for compliance. Within 60 days from the date of
				such inspection, the Division will notify the mining operator in writing as to
				whether said operator has fulfilled the reclamation responsibility under his
				Plan. If said reclamation responsibility has been fulfilled, a mining operator
				who has not been granted an exemption from the bonding requirement will have
				his bonding obligation terminated.
(5) Any mining operator who has been granted
				an exemption from the bonding requirement and who subsequently violates any
				provision of the Act or these rules and regulations, or who defaults on his
				obligations under any Mining Land Use Plan, may be required by the Director to
				post a bond.
Ga. L. 1968, p. 9, et.
				  seq., as amended; specifically by Ga. L. 1976, p. 527; Ga. L. 1972, p. 1015, as
				  amended; Ga. L. 1992, p. 1098,
et seq.
, as
				  amended.