38-1306B. REQUIREMENT FOR OPERATING BONDS. (1) At the direction of the board, the department shall require submission of an operating bond, before accepting a forest practices notification, from any operator who has repeatedly or habitually:
(a) Operated without a valid forest practices notification as required in section 38-1306, Idaho Code;
(b) Violated the terms of a stop work order issued pursuant to section 38-1307(2)(b), Idaho Code;
(c) Failed to apply best management practices as required by law and the rules promulgated under this chapter;
(d) Willfully caused degradation to forest soils, air, or water resources; or
(e) Failed to comply with the rules promulgated under this chapter as determined by the board.
(2) The bond shall be in a form, acceptable to the board, to insure the performance of the duties of the operator under this chapter and any rules promulgated thereunder, in the amount of two hundred dollars ($200) per acre for each acre in the contract area included in a forest practices notification, with a minimum bond of five thousand dollars ($5,000) and a maximum bond of fifteen thousand dollars ($15,000).
(3) If the operator is a nonresident operator this bond shall be in addition to the nonresident bond required pursuant to section 38-1306A, Idaho Code.
History:
[38-1306B, added 1995, ch. 281, sec. 2, p. 943.]
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