SECTION 460:30-4-4. Requirement to file a bond  


Latest version.
  • (a)   After a permit application under has been approved, but before a permit is issued, the applicant shall file with the Department, on a form prescribed and furnished by the Department, a bond or bonds for performance made payable to the Department and conditioned upon the faithful performance of all the requirements of the Act, the regulatory program, the permit, and the reclamation plan.
    (b)   Coverage.
    (1)   The bond or bonds shall cover the entire permit area, or an identifiedincrement of land within the permit area upon which the operator will initiate and conduct CCB operations during the initial term of the permit.
    (2)   As CCB operations on succeeding increments are initiated and conducted within the permit area, the permittee shall file with the Department an additional bond or bonds to cover such increments in accordance with this Section.
    (3)   The operator shall identity the initial and successive areas or increments for bonding on the permit application map submitted for approval as provided in the application (under Subchapters 27 and 31 of this Chapter), and shall specify the bond amount to be provided for each area or increment.
    (4)   Independent increments shall be of sufficient size and configuration to provide for efficient reclamation operations should reclamation by the Department become necessary pursuant to Section 460:30-4-16 of this Subchapter.
    (c)   An operator shall not disturb any surface areas, succeeding increments, or extend any operations prior to acceptance by the Department of the required performance bond.
    (d)   The applicant shall file, with the approval of the Department, a bond or bonds under one of the following schemes to cover the bond amounts for the permit area as determined in accordance with Section 460:30-4-7:
    (1)   A performance bond or bonds for the entire permit area;
    (2)   A cumulative bond schedule and the performance bond required for full reclamation of the initial area to be disturbed; o r
    (3)   An incremental-bond schedule and the performance bond required for the first increment in the schedule.
[Source: Added at 28 Ok Reg 2371, eff 9-11-11]