SECTION 460:20-37-6. Period of liability

(a)   

(1)   Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation provided in Section 460:20-43-46 or 460:20-45-46 of these Regulations or until achievement of the reclamation requirements of the Act, regulatory programs, and permit, whichever is later.

(2)   With the approval of the Department, a bond may be posted and approved to guarantee specific phases of reclamation within the permit area provided the sum of phase bonds posted equals or exceeds the total amount required under Sections 460:20-37-7 and 460:20-37-8. The scope of work to be guaranteed and the liability assumed under each phase bond shall be specified in detail.

(b)   Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the Department. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure. Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the Department.

(c)   If the Department approves a long-term, intensive agricultural postmining land use, in accordance with Section 460:20-43-51 or 460:20-45-51 of these Regulations, the applicable 5- or 10-year period of liability shall commence at the date of initial planting for such long-term agricultural use.

(d)   

(1)   The bond liability of the permittee shall include only those actions which he or she is obligated to take under the permit, including completion of the reclamation plan, so that the land will be capable of supporting the postmining land use approved under Section 460:20-43-51 or 460:20-45-51 of these Regulations.

(2)   Implementation of an alternative postmining land use approved under Sections 460:20-43-51(c) and 460:20-45-51(c) which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in Section 460:20-37-15(c)(2).