Okla. Admin. Code § 460:10-21-4

Current through Vol. 42, No. 4, November 1, 2024

Section 460:10-21-4 - Requirements to file a bond

(a) After an application for a new, revised, or renewed permit to conduct non-coal surface mining and reclamation operations has been approved under this Chapter, but before such permit is issued, the applicant shall file with the Department a performance bond payable to the Department. The performance bond will be conditioned upon the faithful performance of all the requirements of the state law, this Chapter, and the performance bond shall conform to the requirements of Subchapters 21 and 25 of this Chapter or Subchapter 10 for limited use permits.

(b) An operator shall not disturb surface acreage or extend any underground shafts, tunnels, or operations prior to receipt of approval from the Department of a performance bond covering the surface acreage to be affected.

(1) Liability on the performance bond shall cover all non-coal surface mining and reclamation operations to be conducted within the permit area. Except for limited use permits, after the amount of the bond has been determined for the permit area in accordance with Subchapter 23 of this Chapter, the permittee or applicant may either file:

(A) The entire performance bond required during the term of the permit;

(B) A cumulative bond schedule and the sequence of release of acreage as it progresses through varying reclamation phases and for the addition of acreage as it is affected. The amount of bond required to obtain a permit shall include the full reclamation cost of the initial area being affected; or

(C) An incremental bond schedule and the new performance bond required for he first increment in the schedule.

(2) When the operator elects to "increment" the amount of the performance bond during the term of the permit, he shall identify the initial and successive incremental areas for bonding on the permit application map submitted for approval as provided in Subchapter 17 of this Chapter and shall specify the proportion of the total bond amount required for the term of the permit which will be filed prior to commencing operations on each incremental area. The schedule amount of each performance bond increment shall be filed with the Department at least 45 days prior to the commencement of non-coal surface mining and reclamation operations in the next incremental area.

(c) The amount, duration, form, terms, and conditions of the performance bond shall conform to Subchapters 23 and 25 of this Chapter.

Okla. Admin. Code § 460:10-21-4

Amended at 26 Ok Reg 3002, eff 8-27-09