Section 300.180  Bond Release Procedure

a)         Full Release of Bond

            As soon as all reclamation work prescribed in the conservation and reclamation plan approved by the Department is completed, the operator may notify the Department by completing and forwarding MLCR Form 6, "Notice of Completed Reclamation," and a map of the acreage to be released if different from the original affected acreage map, to the Department.  Upon receipt of MLCR Form 6, "Notice of Completed Reclamation," the Department shall proceed as soon as practical to make its determination as to approval of the reclamation work and shall either forward the "Notice of Release," MLCR Form 7, to the operator, the bonding agency, the county clerk of each county containing lands affected, and each municipality listed in the permit application pursuant to Section 300.50(a)(16) or notify the operator in writing of all reasons for disapproval.

b)         Partial Release of Bond

            An operator may have the amount of the bond or security reduced to $100 per acre when the Department determines that grading and construction of soil conservation structures and covering with materials capable of supporting vegetation in accordance with the conservation and reclamation plan has been satisfactorily completed on a parcel of affected land.  As soon as all the grading work prescribed in the conservation and reclamation plan approved by the Department is completed, the operator may notify the Department by completing and forwarding MLCR Form 6, "Notice of Completed Reclamation."  The Department shall proceed as soon as practical to make its determination as to approval of the grading work and either forward the "Notice of Partial Release," MLCR Form 7, to the operator, the bonding agency, the county clerk of each county containing lands affected, and each municipality listed in the permit application pursuant to Section 300.50(a)(16) or notify the operator in writing of all reasons for disapproval. After partial release of the bond, the $100 bond per acre or security shall then remain in effect until the reclamation process is completed.

c)         Review of Released Bond

            A release of bond under either subsection (a) or (b) may be reviewed under the procedures outlined in Section 300.40(e) of this Part.

(Source:  Amended at 26 Ill. Reg. 4372, effective March 11, 2002)