444.970. Penalty--delinquency or failure to comply with assessment or reclamation plan.
Penalty--delinquency or failure to comply with assessment orreclamation plan.
444.970. 1. The commission may impose a penalty oftwenty-five cents per ton upon any permittee who is more thanthirty days delinquent in paying the assessment due under theprovisions of section 444.965. Such penalty shall remain ineffect until the delinquency is eliminated. The commission mayalso require prepayment of any subsequent assessments.
2. If a permittee fails to complete a reclamation plan andthe completion must be made by or on behalf of the commission,the permittee or any principal of the permittee or any entity inwhich a principal of the permittee is a principal or any entitycontrolled by or under common control with the permittee shallnot operate in this state until the costs of such completion havebeen fully paid by the permittee. The commission may sue torecover from the permittee the cost of such completion.
3. In addition, if any permittee becomes substantiallydelinquent in completing his reclamation plan, a penalty oftwenty-five cents per ton may be imposed by the commission. Suchpenalty shall remain in force until the delinquency is corrected.The commission may also require bonding, in addition to that ofsection 444.950, to fully insure the delinquent reclamation.
4. The general assembly is under no obligation toappropriate general revenue moneys to reclaim land mined undersections 444.805 to 444.970*.
(L. 1982 S.B. 737)Effective 4-7-82
*Original rolls contain words "this act". Intent apparently was to include sections 444.800 to 444.970, although only sections 444.805, 444.830, 444.950, 444.955, 444.960, 444.965, and 444.970 were included in this act, S.B. 737, enacted in 1982.