§ 800.4 - Regulatory authority responsibilities.

§ 800.4 Regulatory authority responsibilities.

(a) The regulatory authority must shall prescribe and furnish forms for filing performance bonds and financial assurances.

(b) The regulatory authority must shall prescribe by regulation terms and conditions for performance bonds , financial assurances, and liability insurance policies.

(c) The regulatory authority must shall determine the amount of the bond for each area to be bonded, in accordance with § 800.14 of this part. The regulatory authority shall also must adjust the bond amount as acreage in the permit area is revised, or when other relevant conditions change , in accordance with § 800.15 of this part. In addition, the regulatory authority must determine the amount of financial assurance required to ensure long-term treatment of discharges under § 800.18 of this part, monitor trust performance, and require adjustments of the financial assurance as necessaryaccording to the requirements of § 800.15.

(d) The regulatory authority may accept a self-bond if the permittee meets the requirements of § 800.23 of this part and any additional requirements in the regulatory program are met. However, a state or tribal regulatory program need not authorize the use of self-bondsState or Federal program.

(e) The regulatory authority must shall release liability under a bond or financial assurance instrument bonds in accordance with §§ § 800.40 through 800. 44 of this part.

(f) If the conditions specified in § 800.50 of this part occur, the regulatory authority must shall take appropriate action to cause all or part of a bond or financial assurance to be forfeited in accordance with procedures of that section.

(g) The regulatory authority must shall require in the permit that adequate bond and financial assurance coverage be in effect at all times. Except as provided in § 800.3016(b) of this parte)(2), operating without adequate a bond or financial assurance is a violation of these rules and the terms and conditions of the permit. a condition upon which the permit is issued.

[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]