444.570. Bond, amount--commission may waive.
Bond, amount--commission may waive.
444.570. Before the issuance of the permit, the operatorshall file with the commission, in such form as the commissionprescribes, a bond payable to the state treasurer, conditionedthat the operator shall faithfully perform all requirements ofthe commission in accordance with the provisions of sections444.500 to 444.755, any such rules and regulations pursuantthereto, and conditions in the permit. The bond shall be signedby the operator as principal, and by a corporate surety licensedto do business in the state of Missouri and approved by thecommission. In lieu of a bond with surety, an applicant mayfurnish to the commission a personal bond, on conditions asabove described, secured by a certificate of deposit in anamount equal to that of the required surety bond. The penal sumof the bond shall be determined by the commission at not lessthan three hundred dollars nor more than seven hundred dollarsfor coal for each acre, or fraction thereof, of the area of landaffected, with a minimum bond of two thousand dollars, exceptthat the commission may by regulation waive the minimum bond oracreage bond, or both, as to any class of operators who do notaffect more than one acre of land annually, where the stripmining operation will not, in the judgment of the commission,result in significant harmful effects on the air, water, land,fish, wildlife or other natural resources of the state. Indetermining the amount of the bond within the above limits, thecommission shall take into consideration the character andnature of the overburden, the future suitable use of the landinvolved and the cost of reclamation to be required. The bondshall remain in effect until the mined acreages have beenreclaimed, approved and released by the commission. Uponreceipt of the permit application, the fee provided for insection 444.540 and the filing of the bond provided for in thissection, the commission shall issue the permit if the operatormeets the requirements of sections 444.500 to 444.755 and therules and regulations of the commission adopted pursuant tosection 444.720.
(L. 1971 S.B. 1 § 8, A.L. 1976 S.B. 646, A.L. 1980 H.B. 1839, A.L. 1990 H.B. 1584)