Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 86.189 - Reclamation of bond forfeiture sites

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will first provide for the
						  reclamation of bond forfeiture sites where permits were issued under the
						  Federally-approved coal surface mining regulatory program which took effect
						  July 31, 1982, and where bonds under the permits were subsequently forfeited by
						  the Department. After the Department provides for reclamation of these sites,
						  the Department will provide for the reclamation of other bond forfeiture
						  sites.
(b) The Department will
						  provide for reclamation of bond forfeiture sites through one of the following:
(1) The Department may provide for
						  reclamation to be conducted under the public bidding and contracting
						  requirements of the Commonwealth under the site evaluation procedure in §
														86.188 (relating to evaluation of
						  bond forfeiture sites). Under this approach, the Department will advertise for
						  bids for reclamation of the bond forfeiture site in a newspaper of general
						  circulation in the locality in which the work is to take place. The
						  advertisement will appear once a week for a minimum of 2-consecutive weeks. In
						  advertising for bids, the Department may consider various construction methods
						  for bidding, including the rental of equipment with equipment operators to be
						  supervised by the Department during completion of the reclamation
						  plan.
(2) Based on an engineering
						  cost estimate for completing the approved reclamation plan of the licensed mine
						  operator whose bonds were forfeited for the reclamation site, the Department
						  may negotiate and enter into a contract with the landowner of a bond forfeiture
						  site or another licensed mine operator to complete the reclamation of a bond
						  forfeiture site advertised for bids under paragraph (1). The Department will
						  give public notice of the intent to reclaim sites selected by the Department to
						  be advertised for public bids under paragraph (1) in a newspaper of general
						  circulation in the locality in which the work is to take place. The public
						  notice will appear once a week for a minimum of 2 consecutive weeks and may be
						  combined with the notice in paragraph (1). Payments to a person to whom the
						  Department has granted a contract under this paragraph will be made to the
						  extent of the appropriate compensation provisions according to a payment
						  schedule to be established by the Department. The final payment will be made
						  when the Department is satisfied that the person has completed reclamation of
						  the site in accordance with the approved reclamation plan and as specified in
						  the contract.
(i) The Department will
						  compensate landowners of bond forfeiture sites at a rate equal to the lesser of
						  one of the following:
(A) The Department's
						  engineering cost estimate for the site.
(B) The prevailing bond
						  rate.
(ii) The Department
						  will compensate licensed mine operators at a rate equal to the lesser of one of
						  the following:
(A) The Department's
						  engineering cost estimate for the site.
(B) The prevailing bond
						  rate.
(3) When
						  a licensed mine operator is granted a permit or has filed a permit application
						  on property contiguous to a property on which the Department has forfeited
						  bonds for failure to complete the reclamation plan, the permittee shall be
						  provided the opportunity to make a proposal to complete the reclamation plan of
						  the bond forfeiture site developed under §
														86.187 (relating to use of money).
(i) The proposal shall contain estimated
						  costs and the necessary information upon which the Department can determine the
						  cost effectiveness of the proposal. Upon receipt of the proposal, the
						  Department may negotiate and enter into a contract with the permittee to
						  complete the reclamation plan. A determination whether to negotiate will be
						  made by the Department within 30 days of receipt of a complete proposal.
						  Contract negotiations will begin within 30 days of the determination to
						  negotiate.
(ii) Payments to a
						  person with whom the Department has entered into a contract under this
						  paragraph will be made to the extent of the appropriate compensation provisions
						  according to a payment schedule to be established by the Department, and the
						  final payment will be made when the Department is satisfied that the person has
						  completed reclamation of the site in accordance with the approved reclamation
						  plan and as specified in the contract. The Department will compensate licensed
						  mine operators at a rate equal to the lesser of one of the following:
(A) The Department's engineering cost
						  estimate for the site.
(B) The
						  prevailing bond rate.
(4) Under cooperative agreements among the
						  Department, the State Conservation Commission and the County Conservation
						  District in which the bond forfeiture site is located, the District may enter
						  into a contract with the landowner of the bond forfeiture site to reclaim the
						  site.
(i) The landowners of bond forfeiture
						  sites will be compensated at a rate equal to the lesser of one of the
						  following:
(A) The Department's engineering
						  cost estimate for the site.
(B) The
						  amount of the forfeited and collected bond.
(ii) The District may also compensate
						  landowners for the reasonable cost of insurance required for landowner
						  reclamation and the design and engineering costs incurred by the landowner in
						  the incidental modification of the reclamation plan, subject to approval by the
						  Department.