Ga. Comp. R. & Regs. R. 391-4-5-.18 - Criteria for Requiring Indemnity and Forfeiture Bonds and for Declaring Default Thereon
(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.
(b) Whenever the sponsor of a marine event
for which an indemnity bond has been posted fails or refuses to comply with the
conditions of its permit relating to clean up after the event or whenever it
becomes apparent to the Department that the said sponsor will be unable to
comply with those conditions within the time limit set forth in the said
permit, the Department shall notify the sponsor and the bonding company of its
finding of the sponsor's present or imminent default and its intent to proceed
with the necessary clean up unless, within a specified period, the sponsor and
the bonding company achieve full compliance with the said permit conditions.
Upon a failure of the sponsor or the bonding company or both to achieve full
compliance with the said permit conditions within the period specified in the
notice, the Department will proceed with the necessary clean up, calculate its
costs, including labor, equipment use and maintenance, materials and supplies,
and declare the indemnity bond forfeited to the extent of its costs in
accomplishing the clean up.
(2) Forfeiture Bonds.
(a) In determining when the sponsor of a
marine event shall be required to post a forfeiture bond, in establishing the
amount of such forfeiture bond up to the maximum amount set forth in law, in
determining when the Commissioner may make demand on the bond, and in
determining if such demand will be for an amount less than the face amount of
the bond, 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 clean up
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
391-4-5-.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 be 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 ability of the sponsor to ensure
compliance with the public safety requirements listed in Rule
391-4-5-.04;
10. the ability of the sponsor to enlist a
sufficient number of authorized peace officers as required by law;
11. the ability of the sponsor to ensure
compliance with the boating safety requirements contained in Rule
391-4-5-.05 and in the Georgia Boat
Safety Act;
12. the overall ability
of the sponsor to coordinate the requirements of the applicable laws, rules,
regulations and permits issued into a single comprehensive plan for the conduct
of a water event;
13. the
anticipated size and magnitude of the proposed event;
14. the actual extent of compliance by the
sponsor with cleanup, site restoration and waste disposal
requirements;
15. the existence of
unusual public safety hazards inherent in the event;
16. the fragility of the ecosystem in which
the event is sought to be conducted.
(b) Whenever the sponsor of a marine event
for which a forfeiture bond has been posted fails or refuses to comply with any
provision of the Georgia Boat Safety Act, these Rules or any of the conditions
of its permit, the Commissioner may declare a forfeiture of the face amount of
said bond or that portion of the face amount of the bond which he deems
appropriate based on the extent of failure or refusal on the part of the
sponsor. In making his decision, he may consider the following:
1. violations relating to public
safety;
2. violations relating to
requirements for the provision of facilities for the comfort and convenience of
participants and spectators;
3.
violations of requirements relating to preventing, minimizing or mitigating
damage to the water body and surrounding area.
(c) The Commissioner shall have the
discretion to determine the precise amount to be declared forfeited, depending
upon the seriousness and degree of the noncompliance.
Notes
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