(1) To qualify for a MHRA, a person must be engaged in continuous cutting operations of sufficient size and number that would require a bond of no less than $12,000.

(2) The person applying for the MHRA must post an initial cash or surety bond sufficient to cover the estimated annual volume of the person's uncompleted abatement or $12,000, whichever is greater.

(3) After the initial MHRA year, the bond will be adjusted according to 76-13-408 (2) , MCA, and the average annual volume of uncompleted abatement. However, the MHRA bond will, in no case, be less than $12,000.

(4) MHRA agreements approved prior to the implementation of this rule must maintain a bond according to 76-13-408 (2) , MCA, but will not be required to meet the minimum $12,000 bond specified in (3) , if the average annual volume of uncompleted abatement would not require that level of bond.