122 Neb. Admin. Code, ch. 13, § 011 - Forfeiture of Financial Assurance

011.01 The Director shall declare all or any appropriate part of financial assurance for any permit as forfeited if he or she determines that:
011.01A The owner or operator has violated any of the terms or conditions of its permit and/or financial assurance and has failed to take adequate corrective action; or
011.01B The owner or operator has failed to conduct its operations in accordance with the Nebraska Environmental Protection Act, these regulations and the permit within the time required, and that it is necessary, in order to fulfill the requirements of the permit and any restoration, plugging or abandonment, to have someone other than the owner or operator correct or complete such work.
011.02 The Director may withhold declaration of forfeiture if the owner or operator and surety, escrow agent, or other person responsible for financial assurance agree to a compliance schedule to comply with the violations of the financial assurance or permit conditions.
011.03 In the event a determination to forfeit financial assurance is made, the Director shall:
011.03A Send written notification by certified mail, return receipt requested, to the owner or operator and the surety, escrow agent, or other person responsible for financial assurance of the Director's determination to forfeit all or part of the financial assurance and the reasons for the forfeiture, including a finding of the amount to be forfeited;
011.03B The owner or operator may request a hearing on the issue of whether the financial assurance, or part thereof, shall be forfeited in accordance with the procedures specified in Neb. Rev. Stat. §§ 81-1507(1)(2) and Title 115 of the Department's Rules of Practice and Procedure.
011.03C An appeal from a final decision of the Director shall be in accordance with Neb. Rev. Stat. §§ 81-1509.


122 Neb. Admin. Code, ch. 13, § 011

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