§181-5  Bond.  Contemporaneously withand as a condition precedent to the issuance of the permit, the operator shallfile with the board of land and natural resources and thereafter shall keep infull force and effect until the operator shall be released therefrom ashereinafter provided, a bond payable to the State, conditioned that theoperator shall faithfully and fully perform all duties and requirements to beperformed and observed by the operator as provided in the permit and by thischapter.  The bond shall be signed by the operator as principal and by a suretycompany authorized to do business in the State.  The penalty of the bond shallbe in an amount fixed by the board based on the reasonable cost of restoringand rehabilitating the land covered by the permit but not to exceed $300 anacre of land proposed thereafter by the operator to be subjected to stripmining for the ensuing year.  The penalty of the bond shall from time to timebe increased or reduced by the board pro tanto in accordance with the number ofacres added to the land for strip mining operations or in accordance with thenumber of acres to which the bond is no longer operative because of theoperator's withdrawal of acreage or by reason of the operator's performance ofthe operator's obligations subsequent to the issuance of the permit.

Any operator may execute the bond withoutsurety if the operator deposits with the board cash in the amount of the bondfixed by the board as provided in this section covering the land proposed by theoperator to be stripped in the ensuing year and the permit issued shalltherefor be limited to the number of acres for which the deposit is made or maybe increased later by the board on receipt by it of additional deposits.  Thedeposits shall be retained by the board as a guaranty by the operator for thefaithful performance of the operator's bond.  Should the operator fail to carryout the requirements set forth in section 181-6 or to carry out the plan ofreclamation, the board may cause them to be carried out and may use the fundsdeposited or may proceed against the bond to pay therefor.  The board shallrelease any bond and shall repay any deposits no longer necessary to bemaintained for the purposes of this chapter, upon showing by the operator thatthis chapter has been complied with. [L 1957, c 161, §6; am L 1959, c 20, §5;am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-6; HRS §181-5; gench 1985]