Minnesota Administrative Rules

7083.2030 MINNESOTA POLLUTION CONTROL AGENCY SURETY BOND FORM.

Bond No. _

MINNESOTA POLLUTION CONTROL AGENCY

SUBSURFACE SEWAGE TREATMENT SYSTEM (SSTS)

SURETY BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT _

(Name of Licensee)

doing business as .................................. at

__________________________________, Minnesota, as Principal, and

(Address)

____________________________________, a corporation authorized

(Name of Surety)

to do surety business in the State of Minnesota, as Surety, are hereby held and firmly bound to the Commissioner of the Minnesota Pollution Control Agency-State of Minnesota and any persons aggrieved by reason of the Principal's failure to faithfully perform the duties, and in all things comply with all laws, ordinances, and rules, pertaining to the Principal's license or any permit applied for and all contracts entered into, in the sum of ___ THOUSAND DOLLARS ($_______). For the payment of this sum, Principal and Surety bind themselves, their heirs, representatives, successors and assigns, jointly and firmly by these presents.

THE CONDITION of the above obligation is such, that WHEREAS the said Principal is making application with the Minnesota Pollution Control Agency to be licensed as, or has been licensed as, a subsurface sewage treatment system business: ................................................................. (specific licenses).

NOW THEREFORE, if said Principal shall faithfully and lawfully perform the duties, and in all things comply with the laws and ordinances, including all amendments thereto, appertaining to the license or permit applied for, then this obligation shall be void; otherwise to remain in full force and effect.

The aggregate liability of the Surety, regardless of the number of claims made against the bond or the number of years the bond remains in force, shall in no event exceed the amount set forth above. Any revision of the bond amount shall not be cumulative. This bond may be canceled by the Surety as to future liability by giving written notice to the Minnesota Pollution Control Agency, stating the date of cancellation, which in no event shall be less than thirty (30) days after the mailing of said notice; however, the Surety shall remain liable for any and all acts of the Principal covered by this bond up to the date of cancellation.

PROVIDED, it is the intention of the parties that this bond be continuous. This bond may be canceled at any time upon giving the said Principal and the Minnesota Pollution Control Agency 30 days written notice, said notice to be served by certified mail, whereupon, except as to any liabilities or indebtedness incurred prior to the termination of this said 30 days notice, the liability of the Surety under this bond shall cease. The Surety shall notify the Principal and the Minnesota Pollution Control Agency if payment on the bond has been made which results in the value of the bond falling below the legal requirement.

By their signatures below, the parties certify that the wording of this surety bond is identical to the wording specified in Minnesota Rules, part 7083.2030, as the rules were constituted on the date the parties executed the bond.

Signed this _________________ day of __________, 20__.

Signed, sealed and delivered in the presence of:

_	_
(Witness as to Principal)	(Licensee name)
_	_
	(Signature)
_	_
(Witness as to Surety)	(Name of Surety Company)
_	By _
	(Attorney-in-Fact)

INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT

STATE OF _ )
COUNTY OF _ )

On the _____________ day of _____________, 20__, before me, a Notary Public within and for said county, personally appeared, ____________________________ to me known to be the person(s) described in and who executed the foregoing instrument, as Principal(s), and acknowledged to me that _____ s/he executed the same as her/his free act and deed.

	_
	Notary Public, _
	County, _
	My Commission Expires _

(Notarial Seal)

CORPORATE ACKNOWLEDGMENT

STATE OF _ )
COUNTY OF _ )

On the _________ day of _____________________, 20__, personally appeared, ________________________________ to me, who being duly sworn, did depose and say: that s/he resides in ________________________; that s/he is the____________ ____________________________ President of the__________________ _______________________________________________ the corporation described in and which executed the foregoing instrument; that s/he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that s/he signed her/his name thereto by like order.

	_
	Notary Public, _
	County, _
	My Commission Expires _

(Notarial Seal)

ACKNOWLEDGMENT OF CORPORATE SURETY

STATE OF _ )
COUNTY OF _ )

On the ______ day of _______________, 20__ before me personally appeared, ___________________________________ to me known, who being duly sworn, did say: that s/he resides in _______________________; that s/he is the aforesaid officer or attorney in fact of _________________________________ a corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation; and that said instrument as signed and sealed in behalf of said corporation by the aforesaid officer, by authority of its board of directors; and the aforesaid officer acknowledged said instrument to be the free act and deed of said corporation.

	_
	Notary Public, _
	County, _
	My Commission Expires _

(Notarial Seal)

***SURETY COMPANY POWER OF ATTORNEY MUST BE ATTACHED***

Statutory Authority:

MS s 115.03; 115.55

History:

32 SR 1420

Published Electronically:

June 6, 2011