(a) At any time an operator may file an application with the commission for the release of all or part of the performance bond or deposit. Such application shall be on a form prescribed by the commission and shall contain the following:
  (1) the type and approximate date of reclamation work performed;
  (2) a description of the results achieved as they relate to the operator's reclamation plan;
  (3) a copy of the notice published in accordance with §11.31 of this title (relating to Public Notice) containing:
    (A) the name of the operator;
    (B) the permit number and the date approved;
    (C) identification of the location and boundaries of the land affected;
    (D) the amount of the bond filed and the portion sought to be released; and
    (E) where the bond release application has been placed for public inspection.
(b) Within 45 days following receipt of the notification and request, the commission shall conduct an inspection and evaluation of the reclamation work involved. Such evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance of future occurrence of such pollution and the estimated cost of abating such pollution.
(c) The commission may release in whole or in part said bond or deposit if it is satisfied that reclamation covered by the bond or deposit or a portion thereof has been accomplished as required by the approved reclamation plan according to the following schedule.
  (1) When the operator completes any required backfilling, regrading, and drainage control of a bonded area in accordance with his approved reclamation plan, the release of up to 75% of the bond or substitute collateral for the applicable permit area; provided, however, that the amount of the unreleased portion of the bond or substitute collateral shall not be less than the amount necessary to assure completion of the reclamation work by a third party in the event of forfeiture.
  (2) When the operator has successfully completed the remaining reclamation activities, but not before the expiration of the period specified for operator responsibility in §§11.181-11.182 of this title (relating to Surface Mine Closing and Surface Mine Release), the release of the remaining portion of the bond or substitute collateral; provided, however, that no bond shall be fully released until all reclamation requirements of the approved reclamation plan are fully met.
(d) If the commission disapproves the application for release of the bond or portion thereof, it shall notify the operator, in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure said release.
(e) Where the commission determines that the application is of significance sufficient to warrant a public hearing, the commission shall hold a public hearing as provided for in §11.34 of this title (relating to Public Hearing).

Source Note: The provisions of this §11.206 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724