2007 Montana Legislature

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SENATE BILL NO. 180

INTRODUCED BY D. HARRINGTON

BY REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY

 

A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING THE METAL MINE RECLAMATION LAWS; AMENDING INFORMATION REQUIREMENTS FOR OPERATING PERMIT APPLICATIONS; MODIFYING THE RECLAMATION PLAN AMENDMENT PROCESS; PROVIDING FOR INTERIM BONDING INCREASES WHEN RECLAMATION PLAN AMENDMENTS BECOME NECESSARY; INCREASING BOND AMOUNTS FOR LONG-TERM WATER TREATMENT; AND AMENDING SECTIONS 82-4-335, 82-4-337, AND 82-4-338, MCA."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 82-4-335, MCA, is amended to read:

     "82-4-335.  Operating permit -- limitation -- fees. (1) A person may not engage in mining, ore processing, or reprocessing of tailings or waste material, construct or operate a hard-rock mill, use cyanide ore-processing reagents or other metal leaching solvents or reagents, or disturb land in anticipation of those activities in the state without first obtaining an operating permit from the department. Except as provided in subsection (2), a separate operating permit is required for each complex.

     (2)  (a) A person who engages in the mining of rock products or a landowner who allows another person to engage in the mining of rock products from the landowner's land may obtain an operating permit for multiple sites if each of the multiple sites does not:

     (i)  operate within 100 feet of surface water or in ground water or impact any wetland, surface water, or ground water;

     (ii) have any water impounding structures other than for storm water control;

     (iii) have the potential to produce acid, toxic, or otherwise pollutive solutions;

     (iv) adversely impact a member of or the critical habitat of a member of a wildlife species that is listed as threatened or endangered under the Endangered Species Act of 1973; or

     (v)  impact significant historic or archaeological features.

     (b)  A landowner who is a permittee and who allows another person to mine on the landowner's land remains responsible for compliance with this part, the rules adopted pursuant to this part, and the permit for all mining activities conducted on sites permitted pursuant to this subsection (2) with the landowner's permission. The performance bond required under this part is and must be conditioned upon compliance with this part, the rules adopted pursuant to this part, and the permit of the landowner and any person who mines with the landowner's consent.

     (3)  A small miner who intends to use a cyanide ore-processing reagent or other metal leaching solvents or reagents shall obtain an operating permit for that part of the small miner's operation where the cyanide ore-processing reagent or other metal leaching solvents or reagents will be used or disposed of.

     (4)  Prior to receiving an operating permit from the department, a person shall pay the basic permit fee of $500. The department may require a person who is applying for a permit pursuant to subsection (1) to pay an additional fee not to exceed the actual amount of contractor and employee expenses beyond the normal operating expenses of the department whenever those expenses are reasonably necessary to provide for timely and adequate review of the application, including any environmental review conducted under Title 75, chapter 1, parts 1 and 2. The board may further define these expenses by rule. Whenever the department determines that an additional fee is necessary and the additional fee will exceed $5,000, the department shall notify the applicant that a fee must be paid and submit to the applicant an itemized estimate of the proposed expenses. The department shall provide the applicant an opportunity to review the department's estimated expenses. The applicant may indicate which proposed expenses the applicant considers duplicative or excessive, if any.

     (5)  The person shall submit an application on a form provided by the department, which must contain the following information and any other pertinent data required by rule:

     (a)  the name and address of the operator and, if a corporation or other business entity, the name and address of its officers, directors, owners of 10% or more of any class of voting stock, partners, and the like and its resident agent for service of process, if required by law;

     (b)  the minerals expected to be mined;

     (c)  a proposed reclamation plan;

     (d)  the expected starting date of operations;

     (e)  a map showing the specific area to be mined and the boundaries of the land that will be disturbed, the topographic detail, the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area, and the location of proposed access roads to be built;

     (f)  the names and addresses of the owners of record and any purchasers under contracts for deed of the surface of the land within the permit area and the owners of record and any purchasers under contracts for deed of all surface area within one-half mile of any part of the permit area, provided that the department is not required to verify this information;

     (g)  the names and addresses of the present owners of record and any purchasers under contracts for deed of all minerals in the land within the permit area, provided that the department is not required to verify this information;

     (h)  the source of the applicant's legal right to mine the mineral on the land affected by the permit, provided that the department is not required to verify this information;

     (i)  the types of access roads to be built and manner of reclamation of road sites on abandonment;

     (j)  a plan that will provide, within limits of normal operating procedures of the industry, for completion of the operation;

     (k)  ground water and surface water hydrologic data gathered from a sufficient number of sources and length of time to characterize the hydrologic regime;

     (l)  sufficient geologic and geochemical data to characterize areas of reactive natural materials that have the potential to release contaminants at concentrations that may violate water quality standards, including nondegredation requirements;

     (m) a plan detailing the design, operation, and monitoring of impounding structures, including but not limited to tailings impoundments and water reservoirs, sufficient to ensure that the structures are safe and stable;

     (m)(n)  a plan identifying methods to be used to monitor for the accidental discharge of objectionable materials and remedial action plans to be used to control and mitigate discharges to surface or ground water;

     (n)(o)  an evaluation of the expected life of any tailings impoundment or waste area and the potential for expansion of the tailings impoundment or waste site; and

     (o)(p)  a plan outlining methods to be used that will minimize contact of surface and ground water with reactive natural materials that have the potential to release contaminants at concentrations that may violate water quality standards, including nondegredation requirements;

     (q) a plan outlining methods to be used to ensure that waste rock that contains reactive natural materials that have the potential to release contaminants will be placed in a location and manner that will prevent, to the extent possible, contact with surface and ground water causing the release of contaminants at concentrations that may violate water quality standards, including nondegredation requirements; and

     (r) an assessment of the potential for the postmining use of mine-related facilities for other industrial purposes, including evidence of consultation with the county commission of the county or counties where the mine or mine-related facilities will be located.

     (6)  Except as provided in subsection (8), the permit provided for in subsection (1) for a large-scale mineral development, as defined in 90-6-302, must be conditioned to provide that activities under the permit may not commence until the impact plan is approved under 90-6-307 and until the permittee has provided a written guarantee to the department and to the hard-rock mining impact board of compliance within the time schedule with the commitment made in the approved impact plan, as provided in 90-6-307. If the permittee does not comply with that commitment within the time scheduled, the department, upon receipt of written notice from the hard-rock mining impact board, shall suspend the permit until it receives written notice from the hard-rock mining impact board that the permittee is in compliance.

     (7)  When the department determines that a permittee has become or will become a large-scale mineral developer pursuant to 82-4-339 and 90-6-302 and provides notice as required under 82-4-339, within 6 months of receiving the notice, the permittee shall provide the department with proof that the permittee has obtained a waiver of the impact plan requirement from the hard-rock mining impact board or that the permittee has filed an impact plan with the hard-rock mining impact board and the appropriate county or counties. If the permittee does not file the required proof or if the hard-rock mining impact board certifies to the department that the permittee has failed to comply with the hard-rock mining impact review and implementation requirements in Title 90, chapter 6, parts 3 and 4, the department shall suspend the permit until the permittee files the required proof or until the hard-rock mining impact board certifies that the permittee has complied with the hard-rock mining impact review and implementation requirements.

     (8)  Compliance with 90-6-307 is not required for exploration and bulk sampling for metallurgical testing when the aggregate samples are less than 10,000 tons.

     (9)  A person may not be issued an operating permit if:

     (a)  that person's failure, or the failure of any firm or business association of which that person was a principal or controlling member, to comply with the provisions of this part, the rules adopted under this part, or a permit or license issued under this part has resulted in either the receipt of bond proceeds by the department or the completion of reclamation by the person's surety or by the department, unless that person meets the conditions described in 82-4-360;

     (b)  that person has not paid a penalty for which the department has obtained a judgment pursuant to 82-4-361;

     (c)  that person has failed to post a reclamation bond required by 82-4-305; or

     (d)  that person has failed to comply with an abatement order issued pursuant to 82-4-362, unless the department has completed the abatement and the person has reimbursed the department for the cost of abatement.

     (10) A person may not be issued a permit under this part unless, at the time of submission of a bond, the person provides the current information required in subsection (5)(a) and:

     (a)  (i) certifies that the person is not currently in violation in this state of any law, rule, or regulation of this state or of the United States pertaining to air quality, water quality, or mined land reclamation; or

     (ii) presents a certification by the administering agency that the violation is in the process of being corrected to the agency's satisfaction or is the subject of a bona fide administrative or judicial appeal; and

     (b)  if the person is a partnership, corporation, or other business association, provides the certification required by subsection (10)(a)(i) or (10)(a)(ii), as applicable, for any partners, officers, directors, owners of 10% or more of any class of voting stock, and business association members."

 

     Section 2.  Section 82-4-337, MCA, is amended to read:

     "82-4-337.  Inspection -- issuance of operating permit -- modification, amendment, or revision. (1) (a) The department shall review all applications for operating permits for completeness within 60 days of receipt of the initial application and within 30 days of receipt of responses to notices of deficiencies. The initial completeness notice must note all deficiency issues, and the department may not in a later completeness notice raise an issue pertaining to the initial application that was not raised in the initial notice. The department may, however, raise any deficiency during the adequacy review pursuant to subsection (1)(b). The department shall notify the applicant concerning completeness as soon as possible. An application is considered complete unless the applicant is notified of any deficiencies within the appropriate review period.

     (b)  Except as provided in 75-1-205(4) and 75-1-208(4)(b), unless the review period is extended as provided in this section, the department shall review the adequacy of the proposed reclamation plan and plan of operation within 30 days of the determination that the application is complete or within 60 days of receipt of the application if the department does not notify the applicant of any deficiencies in the application. If the applicant is not notified of deficiencies or inadequacies in the proposed reclamation plan and plan of operation within the time period, the operating permit must be issued upon receipt of the bond as required in 82-4-338 and pursuant to the requirements of subsection (1)(c) of this section. The department shall promptly notify the applicant of the form and amount of bond that will be required.

     (c)  A permit may not be issued until:

     (i)  sufficient bond has been submitted pursuant to 82-4-338;

     (ii) the information and certification have been submitted pursuant to 82-4-335(10); and

     (iii) the department has found that permit issuance is not prohibited by 82-4-335(9) or 82-4-341(7).

     (d)  (i) Prior to issuance of a permit, the department shall inspect the site, unless the department has failed to act on the application within the time prescribed in subsection (1)(b). If the site is not accessible because of extended adverse weather conditions, the department may extend the time period prescribed in subsection (1)(b) by not more than 180 days to allow inspection of the site and reasonable review. The department shall serve written notice of extension upon the applicant in person or by certified mail, and any extension is subject to appeal to the board in accordance with the Montana Administrative Procedure Act.

     (ii) Except as provided in 75-1-208(4)(b), if the department determines that additional time is needed for analysis to determine whether a detailed environmental impact statement is necessary under 75-1-201, the department and the applicant shall negotiate to extend the period prescribed in subsection (1)(b) of this section by not more than 75 days to permit reasonable analysis. The applicant may by written waiver extend this period.

     (iii) Except as provided in 75-1-208(4)(b), if the department determines that additional time is needed to review the application and reclamation plan for a major operation, the department and the applicant shall negotiate to extend the period prescribed in subsection (1)(b) of this section by not more than 365 days in order to permit reasonable review. The applicant may by written waiver extend this time period.

     (iv) If the department decides to hire a third-party contractor to prepare an environmental impact statement on the application, the department shall prepare a list of no fewer than four contractors acceptable to the department and shall provide the applicant with a copy of the list. The applicant shall provide the department with a list of at least 50% of the contractors from the department's list. The department shall select its contractor from the list provided by the applicant.

     (v)  Failure of the department to act upon a complete application within the extension period constitutes approval of the application, and the permit must be issued promptly upon receipt of the bond as required in 82-4-338.

     (2)  The operating permit must be granted for the period required to complete the operation and is valid until the operation authorized by the permit is completed or abandoned, unless the permit is suspended or revoked by the department as provided in this part.

     (3)  The operating permit must provide that the reclamation plan may be modified by the department, upon proper application of the permittee or after timely notice and opportunity for hearing, at any time during the term of the permit and for any of the following reasons:

     (a)  to modify the requirements so that they will not conflict with existing laws;

     (b)  when the previously adopted reclamation plan is impossible or impracticable to implement and maintain;

     (c)  when significant environmental problem situations are revealed by field inspection.

     (4)  (a) The modification of an operating permit may be a major or minor permit amendment or a permit revision. A modification of the operating permit, including a modification necessary to conform to the requirements of existing law as interpreted by a court of competent jurisdiction, must be processed in accordance with the procedures for an application for a permit amendment or revision that are established pursuant to 82-4-342 and this section, including any environmental analysis required by Title 75, chapter 1, part 2.

     (b)  The modification of an operating permit may not be finalized and an existing bond amount may not be increased until the permit modification procedures and analysis described in subsection (4)(a) are completed.

     (5)  During the term of an operating permit, an operator may apply for an amendment or revision to the permit. The operator may not apply for an amendment to delete disturbed acreage from the permit.

     (6)  Applications for major amendments must be processed in the same manner as applications for new permits.

     (7)  Major amendments are those that may significantly affect the environment. Minor amendments are those that will not significantly affect the environment. The board may by rule establish criteria for classification of amendments as major or minor. The rules must establish requirements for the content of applications for amendments and revisions and procedures for processing of minor amendments.

     (8)  If the department demonstrates that a revision may result in a significant environmental impact that was not previously and substantially evaluated in an environmental impact statement, the application must be processed in the same manner as is provided for new permits. Except as provided in 75-1-208(4)(b), applications for minor amendments and other revisions must be processed within 30 days of receipt of an application.

     (9) (a) In determining whether to require modification of a reclamation plan under subsection (3)(c), the department shall prepare or require the permittee to prepare a written analysis of changes in the reclamation plan that may eliminate or mitigate to an acceptable level the environmental problem situation. The analysis must include an assessment of the effectiveness of the changes and any negative environmental impacts of the changes. The department shall prepare an environmental assessment or an environmental impact statement pursuant to Title 75, chapter 1, only if the department determines that:

     (i) the changes will not completely eliminate the environmental problem situation;

     (ii) further analysis is necessary to determine whether the changes will eliminate the environmental problem situation; or

     (iii) the changes may have potentially significant negative environmental impacts.

     (b) If the department determines that preparation of an environmental impact statement is necessary, the permittee shall pay the department's costs pursuant to 75-1-205."

 

     Section 3.  Section 82-4-338, MCA, is amended to read:

     "82-4-338.  Performance bond. (1)  (a) An applicant for an exploration license or operating permit shall file with the department a bond payable to the state of Montana with surety satisfactory to the department in the sum to be determined by the department of not less than $200 for each acre or fraction of an acre of the disturbed land, conditioned upon the faithful performance of the requirements of this part, the rules of the board, and the permit. In lieu of a bond, the applicant may file with the department a cash deposit, an assignment of a certificate of deposit, an irrevocable letter of credit, or other surety acceptable to the department. The bond may not be less than the estimated cost to the state to ensure compliance with Title 75, chapters 2 and 5, this part, the rules, and the permit, including the potential cost of department management, operation, and maintenance of the site upon temporary or permanent operator insolvency or abandonment, until full bond liquidation can be effected.

     (b)  A public or governmental agency may not be required to post a bond under the provisions of this part.

     (c)  A blanket performance bond covering two or more operations may be accepted by the department. A blanket bond must adequately secure the estimated total number of acres of disturbed land.

     (d)  (i) For an exploration license or operating permit authorizing activities on federal land within the state, the department may accept a bond payable to the state of Montana and the federal agency administering the land. The bond must provide at least the same amount of financial guarantee as required by this part.

     (ii) The bond must provide that the department may forfeit the bond without the concurrence of the federal land management agency. The bond may provide that the federal land management agency may forfeit the bond without the concurrence of the department. Upon forfeiture by either agency, the bond must be payable to the department and may also be payable to the federal land management agency. If the bond is payable to the department and the federal land management agency, the department, before accepting the bond, shall enter into an agreement or memorandum of understanding with the federal land management agency providing for administration of the bond funds in a manner that will allow the department to provide for compliance with the requirements of this part, the rules adopted under this part, and the permit.

     (iii) The department may not enter into an agreement or memorandum of understanding with a federal land management agency that would require the department to impose requirements on an operator that are more stringent than state law and rules.

     (2)  (a) The department may calculate one or more reclamation plan components within its jurisdiction with the assistance of one or more third-party contractors selected jointly by the department and the applicant and compensated by the applicant when, based on relevant past experience, the department determines that additional expertise is necessary to calculate the bond amount for reclamation plan components. The department may contract for assistance pursuant to this subsection in determining bond amounts for the initial bond and for any subsequent bond review and adjustment. The mine owner applicant is responsible for the first $5,000 in contractor services provided under this subsection. The mine owner applicant and the department are each responsible for 50% of any amount over $5,000.

     (b)  To select a third-party contractor as authorized in subsection (2)(a), the department shall prepare a list of no fewer than four contractors acceptable to the department and shall provide the applicant with a copy of the list. The applicant shall provide the department with a list of at least 50% of the contractors from the department's list. The department shall select its contractor from the list provided by the applicant.

     (3)  (a) The department shall conduct an overview of the amount of each bond annually and shall conduct a comprehensive bond review at least every 5 years. The department may conduct additional comprehensive bond reviews if, after modification of a reclamation or operation plan, an annual overview, or an inspection of the permit area, the department determines that an increase of the bond level may be necessary. The department shall consult with the licensee or permittee if a review indicates that the bond level should be adjusted. When determined by the department that the set bonding level of a permit or license does not represent the present costs of compliance with this part, the rules, and the permit, the department shall modify the bonding requirements of that permit or license. The licensee or permittee must have 60 days to negotiate the preliminary bond determination with the department, at the end of which time period the department shall issue the proposed bond determination. The department shall give the licensee or permittee a copy of the bond calculations that form the basis for the proposed bond determination and, for operating permits, publish notice of the proposed bond determination in a newspaper of general circulation in the county in which the operation is located. The department shall issue a final bond determination in 30 days. Unless the licensee or permittee requests a hearing under subsection (3)(b), the licensee or permittee shall post bond with the department in the amount represented by the final bond determination no later than 30 days after issuance of the final bond determination. If the licensee or permittee demonstrates that, through the exercise of reasonable diligence, the licensee or permittee will not be able to post the bond within 30 days, the department shall grant a 30-day extension of the deadline.

     (b)  The permittee or any person with an interest that may be adversely affected may obtain a contested case hearing before the board under the provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, on the final bond determination by filing with the department, within 30 days of the issuance of the final bond determination, a written request for hearing stating the reason for the request. The request for hearing must specify the amount of bond increase, if any, that the licensee or permittee considers appropriate and state the reasons that the licensee or permittee considers the department's final bond determination to be excessive. As a condition precedent to any right to request a hearing, the licensee or permittee shall post bond with the department in the amount of the bond increase that the licensee or permittee has stated is appropriate in the request for hearing or the amount that is one-half of the increase contained in the department's final bond determination, whichever amount is greater. If the board determines that additional bond is necessary, the licensee or permittee shall post bond in the amount determined by the board within 30 days of receipt of the board's decision. If the licensee or permittee demonstrates that, through the exercise of reasonable diligence, the licensee or permittee will not be able to post the bond within 30 days, the department shall grant a reasonable extension of the deadline.

     (c)  If a licensee or permittee fails to post bond in accordance with subsection subsections (3)(a), or (3)(b), or (7), in the required amounts by the required deadlines, the license or permit is suspended by operation of law and the licensee or permittee shall immediately cease mining and exploration operations until the required bond is posted with and approved by the department.

     (4)  A Except as provided in subsection (7)(d), a bond filed in accordance with the provisions of this part may not be released by the department until the provisions of this part, the rules adopted pursuant to this part, and the permit have been fulfilled.

     (5)  A Except for an interim bond that expires under subsection (7)(d), a bond filed for an operating permit obtained under 82-4-335 may not be released or decreased until the public has been provided an opportunity for a hearing and a hearing has been held if requested. The department shall provide reasonable statewide and local notice of the opportunity for a hearing, including but not limited to publishing the notice in newspapers of general daily circulation.

     (6) (a) All Except as provided in subsection (6)(b), all bonds required in accordance with the provisions of this section must be based upon reasonably foreseeable activities that the applicant may conduct in order to comply with conditions of an operating permit or license. Bonds may be required only for anticipated activities as described in subsection (1). Only those activities that themselves or in conjunction with other activities have a reasonable possibility of occurring may be bonded. Bond calculations, including calculations for the initial bond or for subsequent bond reviews and adjustments, may not include amounts for any occurrence or contingency that is not a reasonably forseeable result of any activity conducted by the applicant.

     (b) Except as provided in subsection (6)(c), if the department determines that mine discharge water is projected to require treatment to meet water quality standards and this treatment will be necessary after all other reclamation is completed, the bond amount must be increased by 50% of the calculated treatment costs.

     (c) A bond increase is not required if the water treatment is necessary only to remove nitrates from the water.

     (7) (a) If the department determines pursuant to 82-4-337(3) that a reclamation plan must be changed, the department may require a permittee to submit an amended interim reclamation plan within a reasonable time specified by the department. The department shall review the amended interim reclamation plan and may approve it, reject it, or propose amendments. If the department rejects the permittee's plan or proposes amendments, the department may require submission of changes to the permittee's proposal or submission of another amended reclamation plan. When the department approves an amended reclamation plan, the permittee shall submit an interim bond under subsections (7)(b) and (7)(c).

     (b) In determining the amount of the interim bond, the department shall select a third-party contractor, in consultation with the permittee, to provide a technical engineering analysis and report on the estimated costs of addressing the situation. The department shall, if possible, provide the permittee with a list of at least four qualified contractors. The permittee shall provide the department with a list that includes at least 50% of the contractors from the department's list. The department shall select a contractor from the permittee's list. The permittee shall reimburse the department for the reasonable costs of the contractor.

     (c) When the department determines the interim bond amount, considering the contractor's calculations, it shall notify the permittee in writing of the bond amount. Within 10 days of receipt of the notice, the permittee may request an informal conference with the director of the department if the permittee disagrees with the bond amount determined by the department. If an informal conference is requested, the director shall hold the informal conference, determine the bond amount within 5 working days of the informal conference, and notify the permittee of the bond amount in writing. The permittee shall, within 60 days of receipt of the last written notice, post the interim bond with the department.

     (d) An approved interim amended reclamation plan and interim bond must remain in effect until the earlier of:

     (i) the date that a revised reclamation plan is approved pursuant to 82-4-337 and a permanent bond for the revised reclamation plan is submitted and accepted pursuant to this section; or

     (ii) 3 years following the date of submission of a complete application pursuant to 82-4-337 to modify the reclamation plan provision or remedy the conditions that created the need to amend the reclamation plan unless the department approves or denies the complete application within 3 years of submission. The applicant may agree to an extension of this deadline.

     (e) The process provided for in this subsection (7) is not subject to the provisions of Title 75, chapter 1.

     (8) At the applicant's discretion, bonding in addition to that required by this section may be posted. These unobligated bonds may, on the applicant's request, be applied to future bonds required by this section.

     (8)(9)  (a) If the department determines that there exists at an area permitted or licensed under this part an imminent danger to public health, safety, or the environment caused by a violation of this part, the rules adopted pursuant to this part, or the permit or license and if the permittee or licensee fails or refuses to expeditiously abate the danger, the department may immediately suspend the permit or license, enter the site, and abate the danger. The department may thereafter institute proceedings to revoke the license or permit, declare the permittee or licensee in default, and forfeit a portion of the bond, not to exceed $150,000 or 10% of the bond, whichever is less, to be used to abate the danger. The department shall notify the surety of the forfeiture and the forfeiture amount by certified mail, and the surety shall pay the forfeiture amount to the department within 30 days of receipt of the notice. The department shall, as a condition of any termination of the suspension and revocation proceedings, require that the permittee or licensee reimburse the surety, with interest, for any amount paid to and expended by the department pursuant to this subsection (8) (9) and for the actual cost of the surety's expenses in responding to the department's forfeiture demand.

     (b)  If the department is unable to permanently abate the imminent danger using the amount forfeited under subsection (8)(a) (9)(a), the department may forfeit additional amounts under the procedure provided in subsection (8)(a) (9)(a).

     (c)  The department shall return to the surety any money received from the surety pursuant to this subsection and not used by the department to abate the imminent danger. The amount not returned to the surety must be credited to the surety and reduces the penal amount of the bond on a dollar-for-dollar basis.

     (d)  Any interest accrued on bond proceeds that is not required to abate the imminent danger determined in subsection (8)(a) (9)(a) must be returned to the surety, unless otherwise agreed to in writing by the surety.

     (9)(10)  If a bond is terminated as a result of the action or inaction of a licensee or permittee or is canceled or otherwise terminated by the surety issuing the bond and the licensee or permittee fails to post a new bond for the entire amount of the terminated bond within 30 days following the notice of termination provided to the department, then the license or permit must be immediately suspended without further action by the department."

 

     NEW SECTION.  Section 4.  Saving clause. [This act] does not affect proceedings pursuant to 82-4-337(3) that were begun before January 1, 2007, and that were required by a court judgment.

- END -

 


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