Effective 07 Apr 1982, see footnote

444.970. Penalty — delinquency or failure to comply with assessment or reclamation plan. — 1. The commission may impose a penalty of twenty-five cents per ton upon any permittee who is more than thirty days delinquent in paying the assessment due under the provisions of section 444.965. Such penalty shall remain in effect until the delinquency is eliminated. The commission may also require prepayment of any subsequent assessments.

2. If a permittee fails to complete a reclamation plan and the completion must be made by or on behalf of the commission, the permittee or any principal of the permittee or any entity in which a principal of the permittee is a principal or any entity controlled by or under common control with the permittee shall not operate in this state until the costs of such completion have been fully paid by the permittee. The commission may sue to recover from the permittee the cost of such completion.

3. In addition, if any permittee becomes substantially delinquent in completing his reclamation plan, a penalty of twenty-five cents per ton may be imposed by the commission. Such penalty shall remain in force until the delinquency is corrected. The commission may also require bonding, in addition to that of section 444.950, to fully insure the delinquent reclamation.

4. The general assembly is under no obligation to appropriate general revenue moneys to reclaim land mined under sections 444.805 to 444.970*.

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(L. 1982 S.B. 737)

Effective 4-7-82

*Words "this act" appear in original rolls.