(1) The department shall consider, during inspection, evaluation, informal conference, hearing and decision:

(a) whether the permittee has met the criteria for release of the bond;

(b) the degree of difficulty in completing any remaining reclamation, restoration or abatement work; and

(c) whether pollution of surface and subsurface water is occurring, the probability of future pollution or the continuance of any present pollution, and the estimated cost of abating any pollution.

(2) If no informal conference or public hearing has been held under ARM 17.24.1113, the department shall notify the permittee, the surety, or other persons with an interest in the bond collateral who have requested notification of actions pursuant to the bond at the time the collateral was offered, and persons who filed objections of its decision to release or not to release all or part of the performance bond or deposit.   This decision must be submitted, in writing, within 60 days of filing of the bond release application.

(3) If there has been an informal conference or a public hearing held under ARM 17.24.1113, the notification of the decision must be made to persons listed in (2) of this rule and the parties to the conference or hearing within 30 days after conclusion of the conference or hearing.   When both an informal conference and a public hearing have been held, the notification must be made within 30 days after the last proceeding.

(4) The notice of the decision must state the reasons for the decision and, if the application is denied in whole or in part, must recommend any corrective actions necessary to secure the release.

(5) The department may not release the bond until it has given the town or city in which the permit area is located, at least 30 days notice of the release by certified mail.   If the permit area is not located in a town or city, notice must be sent to the county in which the permit area is located.