{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-772","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-772","heading":"Release of performance bond or deposit - Schedule of","body":"release - Disapproval of application - Protection of affected area.\n\nA. The Department may release in whole or in part the bond or\n\ndeposit if the Department is satisfied the reclamation covered by\n\nthe bond or deposit or portion thereof has been accomplished as\n\nrequired by this act according to the following schedule:\n\n1. When the operator completes the backfilling, regrading and\n\ndrainage control of a bonded area in accordance with his approved\n\nreclamation plan, the release of sixty percent (60%) of the bond or\n\ncollateral for the applicable permit area;\n\n2. After revegetation has been established on the regraded\n\nmined lands in accordance with the approved reclamation plan. When\n\ndetermining the amount of bond to be released after successful\n\nrevegetation has been established, the Department shall retain that\n\namount of bond for the revegetated area which would be sufficient\n\nfor a third party to cover the cost of reestablishing revegetation\n\nand for the period specified for operator responsibility of\n\nreestablishing revegetation. No part of the bond or deposit shall\n\nbe released under this paragraph so long as the lands to which the\n\nrelease would be applicable are contributing suspended solids to\n\nstreamflow or runoff outside the permit area in excess of the\n\nrequirements set by law. No part of the bond shall be released\n\nuntil soil productivity for prime farmlands has returned to\n\nequivalent levels of yield as nonmined land of the same soil type in\n\nthe surrounding area under equivalent management practices as\n\ndetermined from the soil survey. When a silt dam is to be retained\n\nas a permanent impoundment, the remaining portion of bond may be\n\nreleased under this paragraph so long as provisions for sound future\n\nmaintenance by the operator or the landowner have been made with the\n\nDepartment; and\n\n3. When the operator has completed successfully all surface\n\ncoal mining and reclamation activities, the release of the remaining\n\nportion of the bond, but not before the expiration of the period\n\nspecified for operator responsibility. No bond shall be fully\n\nreleased until all reclamation requirements of this act are fully\n\nmet.\n\nB. If the Department disapproves the application for release of\n\nthe bond or portion thereof, the Department shall notify the\n\npermittee in writing, stating the reasons for disapproval and\n\nrecommending corrective actions necessary to secure said release and\n\nallowing opportunity for a public hearing.\n\nC. In order to protect areas affected by surface coal mining\n\nactivities and the surface effects of underground coal mines, no oil\n\nor gas drilling activities shall be commenced or continued in any\n\nmine permit area while the reclamation bond or any portion thereof\n\nremains in effect, without the written approval of the Director.\n\nThe Department shall issue rules and regulations establishing\n\ncriteria and conditions for the approval of the Director under this\n\nsubsection.","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":"fe8e2eba9d81ef7b68777f5ff57977f295cb5ce0da7ae37ae7f954efcce67f58","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-771","next":"us-ok/okla.-stat.-tit.-45-45-773"},"notice":"GroundRules: Original legal text. Not legal advice."}
