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.]
Structure Idaho Code
Title 38 - FORESTRY, FOREST PRODUCTS AND STUMPAGE DISTRICTS
Chapter 13 - FOREST PRACTICES ACT
Section 38-1301 - SHORT TITLE.
Section 38-1302 - POLICY OF THE STATE — PURPOSE OF ACT.
Section 38-1303 - DEFINITIONS.
Section 38-1304 - DUTIES OF THE BOARD.
Section 38-1305 - DUTIES, POWERS OF DEPARTMENT.
Section 38-1306 - NOTIFICATION OF FOREST PRACTICE.
Section 38-1306A - NONRESIDENT OPERATORS — BOND.
Section 38-1306B - REQUIREMENT FOR OPERATING BONDS.
Section 38-1309 - DUTY OF PURCHASER.
Section 38-1310 - MISDEMEANOR VIOLATIONS — FINES — EXEMPTION.
Section 38-1311 - ENFORCEMENT OF ACT.