38-14.1-33. Permit revocation - Bond forfeiture

38-14.1-33. Permit revocation - Bond forfeiture 1. The commission may institute proceedings for the revocation of the permit and forfeiture of the performance bond of a permittee for violation by the permittee of any of the provisions of this chapter or of regulations implementing this chapter. The commission shall issue an order forfeiting the bond and revoking the permit of a permittee who fails to comply with an order of the commission suspending the permit pursuant to subsection 2 of section 38-14.1-30. 2. A permittee whose bond has been forfeited and permit revoked shall immediately cease all surface coal mining operations in this state. The permittee is not eligible to receive another permit unless the land for which the bond was forfeited has been reclaimed without cost to the state or the permittee has paid into the reclamation account a sum which, added to the value of the bond, the commission finds adequate to reclaim the land. 3. A permittee who refuses or willfully fails to comply with this chapter is ineligible for any further mining permits. After an opportunity for hearing and after a finding by the commission that the permit applicant, or operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of this chapter, or the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201, et seq.], of such nature and duration and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this chapter, or the Surface Mining Control and Reclamation Act of 1977 [Pub. L. 95-87; 91 Stat. 445; 30 U.S.C. 1201, et seq.], no permit may be issued to said permit applicant or permittee.