35-11-1209. Contract eligibility.
(a) The abandoned mine land division shall not issue a contract to any contractor if the United States department of interior, office of surface mining applicant violator system shows the contractor has any one (1) or more of the following:
(i) Delinquent abandoned mine reclamation fee;
(ii) Federal or state failure-to-abate cessation order;
(iii) Unabated federal or state imminent harm cessation order;
(iv) Delinquent civil penalty issued under the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87;
(v) Bond forfeiture if the violation upon which the forfeiture was based has not been corrected;
(vi) Unabated violation of federal or state law, rule or regulation pertaining to air or water environmental protection incurred in connection with any surface coal mining operation;
(vii) Unresolved notice of violation.
(b) As used in this section "ownership or controlling interest" means as defined in Title 30 of the Code of Federal Regulations part 773.5, as amended.
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