Metal Mine Performance Bonds And State Liability [electronic Resource] : Are There Any Deficiencies? 2000
Metal Mine Performance Bonds And State Liability [electronic Resource] : Are There Any Deficiencies? 2000
Lloyd, Roger
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Although statute allows the department to modify the reclamation plan in these instances, it does not require it nor does it provide a timeframe for making the modifications. If a mining company defaults (or goes bankrupt) before the modifications are in place, the state would not have enough money to complete the reclamation according to existing law. Some mining activities have a cap on the bond amount. For other mining activities, no reclamation is required and, hence, there is no performanc...e bond. Small miners may be permitted to disturb up to 100 acres with a maximum of 5 acres unreclaimed at any point in time. Statute limits the amount of the performance bond for small miners involved in placer or dredge mining to a maximum of $10,000. If the miner defaults and the state conducts the reclamation, the miner is liable for costs that exceed the bond amount. However, if the miner declares bankruptcy or otherwise defaults, the state's chances of recovering some of the costs are reduced.
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