Section 27.19.070. Violations.

   (a) A miner who violates or permits a violation of an approved reclamation plan and fails to comply with a lawful order of the commissioner forfeits the financial assurance or a portion of the assurance and is liable to the state in a civil action for the full amount of reclamation and administrative costs incurred by the state related to the action. A miner exempted under AS 27.19.050(a) is subject to civil action for the full amount of reclamation and administrative costs incurred by the state related to the action if the commissioner determines that reclamation was not conducted under AS 27.19.020.
   (b) In addition to other remedies available under this chapter, the commissioner may suspend or revoke permits or approvals of operations not being conducted under the approved reclamation plan and deny future mining permits and approvals under this title and AS 38 related to the mining operation for failure to reclaim the mining operation to the standards of this chapter.
   (c) A miner who has forfeited a financial assurance or has been held liable in a civil action under (a) of this section may conduct future mining operations only after posting a reclamation risk assessment fee equal to five times the amount of financial assurance established under AS 27.19.040(a) for the proposed mining operation. The reclamation assessment fee shall be refunded after two consecutive years of operation consistent with this chapter.

Authorities

27.19.040

Notes

Implemented As

11 AAC 97.330
11 AAC 97.340
11 AAC 97.430
11 AAC 97.610
11 AAC 97.620
11 AAC 97.630
11 AAC 97.640
11 AAC 97.910

References

11 AAC 97.640
AS 27.19.040 Reclamation financial assurance.

History

(Sec. 1 ch 92 SLA 1990; am Sec. 4, 5 ch 137 SLA 2004)