{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-745.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-745.6","heading":"Performance bond","body":"\n\nA. After a surface coal mining and reclamation permit\n\napplication has been approved but before such a permit is issued,\n\nthe applicant shall file with the Department, on a form prescribed\n\nand furnished by the Department, a bond for performance payable to\n\nthe state, and conditional upon faithful performance of all the\n\nrequirements of law and the permit. Such bond shall be signed by\n\nthe operator as principal, and by a good and sufficient corporate\n\nsurety licensed to do business in the state. The bond shall cover\n\nthat area of land within the permit area upon which the operator\n\nwill initiate and conduct surface coal mining and reclamation\n\noperations within the initial term of the permit. Bonding will\n\noccur in one-year increments for the life of the permit and shall\n\ncover that segment of the permit area to be affected during the\n\nincrement. As one-year increments of surface coal mining and\n\nreclamation operations are to be initiated and conducted within the\n\npermit area, the permittee shall file with the Department an\n\nadditional bond or bonds to cover such increments in accordance with\n\nthis section.\n\nB. The amount of the bond required for each bonded area shall\n\ndepend upon the reclamation requirements of the approved permit, and\n\nshall reflect the probable difficulty of reclamation and giving\n\nconsideration to such factors as topography, geology of the site,\n\nhydrology, and revegetation potential, and shall be determined by\n\nthe Department. The amount of the bond for coal mining shall be\n\nsufficient to assure the completion of the reclamation plan if the\n\nwork had to be performed by the Department in the event of\n\nforfeiture, and in no case shall the bond for the entire area under\n\none permit be less than Ten Thousand Dollars ($10,000.00) unless the\n\npermit area is less than sixty-seven (67) acres, in which case a\n\nminimum bond of fifteen percent (15%) of the total original bond\n\nshall be maintained until completion of the reclamation.\n\nLiability under a surface coal mining bond shall be for the\n\nduration of the surface coal mining and reclamation operation and\n\nfor a period coincident with the operator's responsibility for\n\nrevegetation requirements. The bond shall be executed by the\n\noperator and a corporate surety licensed to do business in Oklahoma,\n\nexcept that the operator may elect to deposit cash, negotiable bonds\n\nof the United States Government or of Oklahoma, negotiable\n\ncertificates of deposit of any bank organized or transacting\n\nbusiness in the United States, Certificates of Deposit or\n\nirrevocable letters of credit from a bank or lending institution\n\nlicensed to do business in the State of Oklahoma. The cash deposit\n\nor market value of such securities shall be equal to or greater than\n\nthe amount of the bond required for the bonded area.\n\nC. A bond shall not be cancelable by the surety except after\n\nnot less than ninety (90) days' prior written notice to the\n\nDepartment and the arrangement of a replacement bond suitable to the\n\nDepartment. Bonds may be continued in effect from year to year, and\n\na new bond need not be provided for each permit year. The penalty\n\nof the bond or amount of cash and securities, as provided in\n\nsubsection B of this section, shall be increased or reduced from\n\ntime to time as affected land acreages are increased or decreased or\n\nwhen the cost of future reclamation changes.\n\nD. If the license to do business in the state of any surety\n\nupon a bond filed with the Department pursuant to the Coal\n\nReclamation Act shall be suspended or revoked, the operator, within\n\nthirty (30) days after receiving notice thereof from the Department,\n\nshall substitute for such surety a good and sufficient corporate\n\nsurety licensed to do business in the state. Upon failure of the\n\noperator to make substitution of surety as provided in this section,\nupon a bond filed with the Department pursuant to the Coal\n\nReclamation Act shall be suspended or revoked, the operator, within\n\nthirty (30) days after receiving notice thereof from the Department,\n\nshall substitute for such surety a good and sufficient corporate\n\nsurety licensed to do business in the state. Upon failure of the\n\noperator to make substitution of surety as provided in this section,\n\nthe Department shall have the right to suspend the permit of the\n\noperator to conduct operations upon the land described in such\n\npermit until such substitution has been made.\n\nE. The Department may accept the bond of the applicant itself\n\nwithout separate surety when the applicant demonstrates to the\n\nsatisfaction of the Department the existence of a suitable agent to\n\nreceive service of process, and a history of financial solvency and\n\ncontinuous operation sufficient for authorization to self-insure or\n\nbond such amount.\n\nF. Such bond or security shall remain in effect until the mined\n\nacres have been reclaimed, approved and released by the Department.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"24803c2aa6a5dfb64306fd45d08bbf1459590e83e716f12b6a43d307ceea56b7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-745.5","next":"us-ok/okla.-stat.-tit.-45-45-745.7"},"notice":"GroundRules: Original legal text. Not legal advice."}