Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 4 - SUBTITLES 19-30 › Subtitle 20 - SURFACE COAL MINING AND RECLAMATION UNDER FEDERALLY APPROVED PROGRAM › Chapter 26.20.14 - Performance Bonds › Section 26.20.14.08 - Criteria and Schedule for Release of Performance Bond

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Bureau may not release any liability
				  under any performance bonds until it finds that the permittee has met the
				  requirements of the applicable reclamation phase as defined in §E of this
				  regulation. The Bureau may release portions of the liability under performance
				  bonds applicable to a permit following completion of reclamation phases on
				  portions of the permit.
B. Acreage
				  may be released from the permit area only after Reclamation Phase III has been
				  completed on the entire permit.
C.
				  The Bureau may not release any liability under performance bonds applicable to
				  a permit if the release would reduce the total remaining liability under
				  performance bonds to an amount less than that necessary for the Bureau to
				  complete the approved reclamation plan, achieve compliance with the
				  requirements of the Regulatory Program or the permit, and abate any significant
				  environmental harm to the air, water, or land resources or danger to the public
				  health and safety which might occur before the release of all lands from the
				  permit area. If the permit area includes an alternative postmining land use
				  plan, the Bureau shall also retain sufficient liability for the Bureau to
				  contract for any additional work which would be required to achieve compliance
				  with the general standards for revegetation if the permittee fails to implement
				  the approved alternative postmining land use plan within the 2 years
				  required.
D. The Bureau shall
				  generally release liability under performance bonds in accordance with the
				  following schedule:
(1) The portion of the
				  bond submitted in accordance with Regulation .03C of this chapter may be
				  released upon completion of all Reclamation Phase I work on the permit and the
				  submission of a bond release application, unless the permittee requests a
				  reduction of the open acre limit before the completion of all Reclamation Phase
				  I work;
(2) For acreage on which
				  Reclamation Phase II has been completed and for which a bond release
				  application has been submitted, a portion of the bond for performance not to
				  exceed 50 percent of the per acre rate submitted in accordance with Regulation
				  .03D of this chapter may be released;
(3) For acreage on which Reclamation Phase
				  III has been completed and for which a bond release application has been
				  submitted, the remaining amount of bond equal to 50 percent of the per acre
				  rate submitted in accordance with Regulation .03D of this chapter may be
				  released;
(4) On lands eligible for
				  remining, for acreage on which Reclamation Phases II and III have been
				  completed and for which a bond release application has been submitted, bond in
				  the amount of the per acre rate submitted in accordance with Regulation .03D of
				  this chapter may be released.