Kan. Admin. Regs. § 11-8-8 - Bond or other security

Current through Register Vol. 40, No. 39, September 30, 2021

(a) Each applicant for registration of a surface mining site shall file a bond or other security with each application in the following amounts:
(1) $400 per affected acre, for sand and gravel mining operations;
(2) $600 per affected acre, for all other types of mining operations.
(b) Subject to the limitations of K.S.A. 49-615, and amendments thereto, the amount of bond required may be adjusted by the director based on the estimated cost to reclaim the affected land.
(c) Each surety bond shall be written on a form provided by the director.
(d) An attachment which lists the sites by registration number and legal description shall be included as part of the bond document. This attachment shall be signed by representatives of the surety and the operator and shall be notarized.
(e) Each certificate of deposit posted as a bond shall be made payable to the state of Kansas, state conservation commission. All interest earned shall be paid to the operator.
(f) All cash bonds accepted in lieu of a surety bond shall not draw interest. Each check shall be made payable to the state of Kansas, state conservation commission.
(g) The bond shall cover all affected land not previously reclaimed.
(h) The amount of bond or other security may be adjusted for annual variations in the amount of affected land by the director or by request from the operator, if approved by the director.
(i) No single certificate of deposit shall exceed the sum of $100,000, nor shall any operator submit a certificate of deposit totaling more than $100,000 from a single bank or financial institution. The issuing bank or financial institution shall be insured by the federal deposit insurance corporation.
(j) The bank or financial institution issuing the certificate of deposit shall provide a letter that assigns the certificate of deposit to the commission. The letter shall accompany each certificate of deposit submitted as a bond.
(k) Before the commission requests the attorney general to institute proceedings for forfeiture of a bond, the bonding company shall be notified by the director that the operator is in violation of this act and forfeiture proceedings may be initiated.

Notes

Kan. Admin. Regs. § 11-8-8
Authorized by K.S.A. 49-623; implementing K.S.A. 49-615; effective June 19, 1995; amended Sept. 27, 1996.

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