SECTION 460:10-27-3. Criteria and schedule for release of performance bond

(a)   The Department may release portions of the liability under performance bonds applicable to the permit area following completion of reclamation as defined in 45 O.S. (1981), Section 725 and this Chapter.

(b)   The maximum liability of performance bonds applicable to an increment or permit area which may be released shall be calculated on the following basis:

(1)   Release of an amount not to exceed 80 percent of the penal sum of the bond filed for each acre of land graded.

(2)   Release of the remaining portion of the total performance bond on the increment or permit area after standards of 45 O.S. (1981), Section 725 have been attained and final inspection and procedures of this Section have been satisfied.

(c)   No bond shall be totally released until conditions of reclamation for the last increment, in the amount necessary to-

(1)   Allow someone other than the operator to complete the approved reclamation plan, achieving compliance with 45 O.S. (1981), Section 721 et seq., this Chapter, and the permit;

(2)   Allow someone other than the operator to abate any significant environmental harm to air, water or land resources or danger to public health and safety prior to release of the land under the terms of the permit.