NDAC 33.1-24-08-105
Replenishment of guarantees, letters of credit, or surety bonds
Cite as N.D. Admin. Code ยง 33.1-24-08-105
1.
If at any time after a standby trust is funded upon the instruction of the department with funds
drawn from a guarantee, local government, letter of credit, or surety bond, and the amount in
the standby trust is reduced below the full amount of coverage required, the owner or operator
shall by the anniversary date of the financial mechanism from which the funds were drawn:
a.
Replenish the value of financial assurance to equal the full amount of coverage required;
or
b.
Acquire another financial assurance mechanism for the amount which funds in the
standby trust have been reduced.
2.
For purposes of this section, the full amount of coverage required is the amount of coverage
to be provided by section 33.1-24-08-83. If a combination of mechanisms was used to provide
the assurance funds which were drawn upon, replenishment shall occur by the earliest
anniversary date among the mechanisms.