Utah Admin. Code R649-9-9a - Forfeiture of Performance Bonds
(1) The
division shall take action to forfeit a performance bond if any of the
following occur:
(a) The operator refuses or
is unable to close an E and P recycling facility and perform site
restoration;
(b) The operator
refuses or is unable to repair an E and P recycling facility or remediate
pollution;
(c) Upon receiving a
notice of violation, the operator's continued failure to comply with permit
conditions as referenced in the notice of violation; or
(d) The operator defaults on the conditions
under which the bond was accepted.
(2) In the event the division forfeits a
bond, the matter will be considered by the board before the division taking any
action to close an E and P recycling facility.
(3) After proper notice and hearing, the
board may order the division to do the following:
(a) Use funds collected from bond forfeiture
to close an E and P recycling facility and complete site restoration to which
bond coverage applies;
(b) Enter
into a written agreement with the operator or another party to perform site
closure and restoration in accordance with a compliance schedule established by
the division as long as such party has the ability to perform the necessary
work;
(c) Allow a surety to
complete the site closure and restoration, if the surety can demonstrate an
ability to complete the closure; or
(d) Take other actions the board deems
reasonable and appropriate.
(4) In the event the amount forfeited is
insufficient to pay for the full cost of site closure and restoration, the
division may complete or authorize completion of site closure and restoration
and may recover from the operator all costs in excess of the amount forfeited.
(a) In the event the amount forfeited was
more than the amount necessary to complete site closure restoration, the unused
funds shall be returned by the division to the party from whom they were
collected.
(b) In the event the
bond is forfeited and there exists any other E and P recycling facility
previously covered under the forfeited bond, the operator must establish new
bond coverage in accordance with Rule R649-9 or, upon an order from the
division or the Board, cease operations until adequate bonding is
provided.
Notes
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