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208-28
208.28 FORFEITURE OF BOND -- LICENSURE
RESTRICTIONS.
1. The attorney general, upon request of the division, shall
institute proceedings for forfeiture of the bond posted by an
operator to guarantee reclamation of a site where the operator is in
violation of any of the provisions of this chapter or any rule
adopted by the division pursuant to this chapter. The division shall
have the power to reclaim as required by section 208.17 any mined
land with respect to which a bond has been forfeited, using the
proceeds of the forfeiture to pay for the necessary reclamation work
and associated administrative costs.
2. If the proceeds from bond forfeiture proceedings are
insufficient to fully satisfy the estimated cost of reclaiming
disturbed lands as required under section 208.17 and division rules,
the operator shall be liable for remaining costs. The division may
complete, or authorize completion of, the necessary reclamation and
may authorize the attorney general to bring a civil action to recover
from the operator all actual or estimated costs of reclamation in
excess of the amount forfeited or require the operator to complete
reclamation.
3. If the amount of bond forfeited exceeds the amount necessary
to complete reclamation, the unused funds shall be returned to the
operator or the surety, as appropriate. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 83A.28] Section History: Recent Form
85 Acts, ch 137, §20
C93, § 208.28
96 Acts, ch 1043, §19
