Requirement for operating bonds

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.