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(a) The reclamation risk assessment fee required by AS 27.19.070 (c) applies to a miner who has had any portion of his or her bonding pool deposit become nonrefundable, in the same way as it applies to a miner who has forfeited a reclamation bond or has been held liable in a civil action. The requirement applies to any future mining operation by that miner, regardless of location, for the period set out in (d) of this section.
(b) The reclamation risk assessment fee required by AS 27.19.070 (c) must be tendered to the department in the form of a performance bond meeting the requirements of 11 AAC 97.405 or 11 AAC 97.410. The miner may not participate in the statewide bonding pool to meet this requirement.
(c) The reclamation risk assessment fee is required in addition to, not instead of, the bonding requirements of this chapter.
(d) The reclamation risk assessment fee will be refunded to the miner after two consecutive years of mining operations in complete compliance with AS 27.19, this chapter, and the approved mining reclamation plan then in effect for that miner.
(e) If a miner who has posted a reclamation risk assessment fee is determined to be in violation of AS 27.19, this chapter, or an approved reclamation plan, the reclamation risk assessment fee will be forfeited to the statewide bonding pool.
History: Eff. 7/30/92, Register 123
Authority: Sec. 2, ch. 92, SLA
1990
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Last modified 7/05/2006