North Dakota Code 38-18-08 – Financial obligation to reclaim
1. It is hereby declared to be the financial obligation of the mineral developer to pay the entire cost of the surface reclamation necessitated by that developer’s mining operation. This obligation is in no way limited by the amount of the bond required of an “operator” by chapter 38-14.1.
Terms Used In North Dakota Code 38-18-08
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. If a mineral developer fails to begin reclamation of the land disturbed by a mining operation within one year after the completion of the mining operation in accordance with the plan submitted to the public service commission pursuant to chapter 38-14.1 and regulations promulgated thereunder, the surface owner may notify the public service commission, which commission shall take all of the necessary action lawfully authorized to obtain complete compliance with the reclamation plan.
3. An action at law may be maintained to recover sums due to the surface owner under this section and under section 38-18-07. The surface owner must be awarded reasonable attorney’s fees for the maintenance of the action in addition to any other sums determined to be due to the surface owner.