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- Alaska Statutes.
- Title 27. Mining
- Chapter 19. Reclamation
- Section 70. Violations.
previous: Section 60
. Cooperative Management Agreements.
next: Section 80
. Administrative Procedure Act; Regulations.
AS 27.19.070. Violations.
- (a) A miner who violates or permits a violation of an approved reclamation plan and fails to comply with a lawful order of
the commissioner forfeits the financial assurance or a portion of the assurance and is liable to the state in a civil
action for the full amount of reclamation and administrative costs incurred by the state related to the action. A miner
exempted under AS 27.19.050
(a) is subject to civil action for the full amount of reclamation and administrative costs incurred by the state
related to the action if the commissioner determines that reclamation was not conducted under AS 27.19.020.
- (b) In addition to other remedies available under this chapter, the commissioner may suspend or revoke permits or
approvals of operations not being conducted under the approved reclamation plan and deny future mining permits and
approvals under this title and AS 38 related to the mining operation for
failure to reclaim the mining operation to the standards of this chapter.
- (c) A miner who has forfeited a financial assurance or has been held liable in a civil action under (a) of this section
may conduct future mining operations only after posting a reclamation risk assessment fee equal to five times the
amount of financial assurance established under AS 27.19.040
(a) for the proposed mining operation. The reclamation assessment fee shall be refunded after two consecutive years of
operation consistent with this chapter.
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