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The County Commissioners shall appoint a committee to advise the Department and to review the implementation of this regulation. The committee shall consist of general citizens and persons representing the industries affected and the pertinent regulatory agencies. The committee shall meet at its Chairperson’s call or at the call of not less than 3 members, but not less than annually.
(1986 Code, § 253-15) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
PERFORMANCE SECURITY
No application shall be approved until the Department has received an acceptable performance security in accordance with this subchapter; provided, however, that the following may be exempted from this subchapter as determined by the Department:
(A) Each application involving an activity, including but not limited to surface mining activities, for which the applicant is bound by state law or regulation to furnish a performance security to the state in an amount comparable to the requirements of § 52.41;
(B) Each application for which the Department, after review, has made a written determination that the purposes of this regulation can be achieved without the necessity for a performance security;
(C) Each application which involves only top dressing of soil which already has a cover crop.
(1986 Code, § 253-16) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
The purpose of the security deposit is to insure that sufficient money is available, in the event of failure to complete satisfactorily all work specified in the permit, to enable the site to be restored to a condition meeting the minimum requirements of this regulation. The amount of the security deposit shall be a minimum of $20,000, plus an amount equal to $0.20 per square foot of disturbed area as shown on the approved plan, plus an amount equal to $1,500 per acre of land requiring revegetation on the approved plan.
(1986 Code, § 253-17) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
The form of the performance security shall be subject to approval by the County Attorney and may consist of 1 or a combination of the following in sufficient amount to meet the total set pursuant to § 52.41:
(A) A performance bond executed by the applicant and a corporate surety or guaranty company with authority to do business in this state as a surety;
(B) A cash deposit;
(C) A certified check, cashier’s check or irrevocable letter of credit from an accredited financial institution, as herein defined.
(1986 Code, § 253-18) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
The performance security shall be submitted to the Department, which shall issue a receipt for the same. The security shall be lodged for safekeeping with the County Treasurer, except that the Department may, at the request of the applicant, enter any cash security in a time deposit account at an accredited financial institution subject to the condition that the applicant may from time to time withdraw the accrued interest but may not withdraw any portion of the principal amount without the written authorization of the Department following the final inspection and approval pursuant to § 52.60(B).
(1986 Code, § 253-19) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
The permit may provide, subject to approval by the County Attorney as to legal form, for partial release of the performance security upon satisfactory completion of specified phases of the site work as delineated, described and scheduled in the permit. In such case, the Department shall perform an inspection and may make an interim written certification approving partial completion.
(1986 Code, § 253-20) (Ord. —, passed 3-29-1983; Am. Ord. —, passed 11-16-1993)
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