reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.131 - Progress report

Current through Register Vol. 54, No. 28, July 13, 2024
Within 90 days after commencement of surface mining
							 operations and each year thereafter, unless modified or waived by the
							 Department for cause, the operator shall file in triplicate an operations and
							 progress report with the Department, on a form prescribed and furnished by
							 Department. The following information shall be included:
(1) The name and permit number of the
						  operation.
(2) The location of the
						  operation as to county and township and with reference to the nearest public
						  highway.
(3) A description of the
						  tracts.
(4) The name and address of
						  the landowner or an authorized representative.
(5) An annual report of the type and quantity
						  of mineral produced, number of employes and days worked.
(6) A report of fatal and nonfatal accidents
						  for the previous year.
(7) The
						  current status of the reclamation work performed in the pursuit of the approved
						  reclamation plan.
(8) Other or
						  further information the Department may reasonably require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 77.141 - Permit revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  revision to a permit shall be obtained for a change to the noncoal mining
						  activities, as defined by the Department, set forth in the
						  application.
(b).
(c) An application for revision shall be
						  complete as described in §
													77.105 (relating to application
						  contents) and contain the following information:
(1) The permittee-s name and address and
						  permit number.
(2) A description of
						  the proposed revisions, including appropriate maps, plans and application
						  modules to demonstrate that the proposed revision complies with the act, the
						  environmental acts and this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 77.142 - Public notice of permit revision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit revision request is subject to
						  the notice requirements of §
													77.121 (relating to public notices
						  of filing of permit applications) under the following circumstances:
(1) For surface mining activities:
(i) Discharging to a different watershed or a
						  change in water treatment facility design which would result in a change in
						  effluent limits or additional discharge points.
(ii) The change of postmining land
						  use.
(iii) A change in the type of
						  reclamation (for example- approximate original contour, terrace, water
						  impoundment, the addition of reclamation fill or other alternative
						  reclamation).
(iv) A physical
						  change in the mine configuration. Physical changes include, but are not limited
						  to, stream diversion structures, new or expanded haul road connections to a
						  public highway, permit area additions, elimination of public highways and
						  increases in approved pit depth.
(v) The addition of blasting to the
						  operation.
(vi) The addition of
						  mineral processing to the mining activity.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 77.144 - Transfer of permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A transfer,
						  assignment or sale of the rights granted under a permit may not be made, except
						  as provided in this section.
(b)
						  Permits may be reissued in a new name, without transfer, if there is no change
						  in legal entity, including name changes that result from conversions of a
						  corporate entity.
(c) The
						  Department may approve the transfer of a permit to another operator if the
						  successor operator:
(1) Meets the
						  requirements of §
														77.126(a)(6)-(9)
						  (relating to criteria for permit approval or denial).
(2) Assumes liability for reclamation, water
						  pollution, planting and other responsibilities under the law, rules and
						  regulations and the terms and conditions of the permit from the date of
						  original issuance of the permit.
(3) Furnishes the Department with an
						  appropriate bond in the amount specified by the Department under Subchapter D
						  (relating to bonding and insurance requirements).
(4) Submits proof of publication as required
						  by §
														77.121 (relating to public notices
						  of filing of permit applications) with the exception of permits issued under
						  §
														77.108 (relating to permits for
						  small noncoal operations).
(5)
						  Submits additional information to enable the Department to determine that the
						  applicant is able to operate the mine in a manner complying with the
						  environmental acts.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 77.145 - Reservation of rights

Current through Register Vol. 54, No. 28, July 13, 2024
Department approval of transfer, including, but not
							 limited to, permit transfer does not limit the original permittee's
							 responsibility, liability, duty or obligation under the law unless release is
							 approved by the Secretary. If one operator succeeds another at an uncompleted
							 operation, by sale, assignment, lease or otherwise, the Secretary may release
							 the first operator from liability under the act as to that particular operation
							 if both operators have complied with the requirements of the act and this
							 chapter, and the successor operator assumes as part of his obligation under the
							 act, liability for grading, planting and reclamation on the land affected by
							 the former operator.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.161 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
As part of each application for a permit, the
							 applicant shall provide relevant information on the ownership of persons who
							 will be conducting the noncoal mining activities, the compliance status and
							 history of the persons, the ownership and control of the property to be
							 affected by the operations and other information related to the noncoal mining
							 activities. At a minimum, the information required by §§
							 77.162-77.165 shall be included.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.162 - Identification of interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain the following information if the information is
						  different from that provided with the license application:
(1) The names and addresses of:
(i) The permit applicant, including his
						  telephone number.
(ii) The legal or
						  equitable owners of record of the mineral to be mined and areas to be affected
						  by surface operations and facilities.
(iii) The contractor, if the contractor is a
						  person different from the applicant, including his telephone number.
(iv) The resident agent of the applicant who
						  will accept service of process, including his telephone number.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.163 - Right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain a description of the documents upon which the
						  applicant bases his legal right to enter and commence noncoal mining activities
						  within the permit area and whether that right is subject to pending court
						  litigation.
(b) The application
						  shall provide, for lands within the permit area, the following:
(1) If the permit application is based upon
						  leases in existence on or before January 1, 1972, the application for permit
						  shall include, upon a form prescribed and furnished by the Department, a notice
						  of the existence of the lease and a description of the chain of
						  title.
(2) If the permit
						  application is based on documents other than leases in existence on or before
						  January 1, 1972, the application shall include upon a form prepared by the
						  Department, the written consent of the landowner to entry upon land to be
						  affected by the operation and by the Commonwealth and its authorized agents,
						  prior to the initiation of surface mining operations, during surface mining
						  operations, and for a period of 5 years after the operation is completed or
						  abandoned for the purpose of reclamation, planting and inspection or for the
						  construction of any pollution abatement facilities as may be deemed necessary
						  by the Department for the purposes of the act and regulations promulgated
						  thereto.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.164 - Personal injury and property damage insurance information

Current through Register Vol. 54, No. 28, July 13, 2024
An application for noncoal mining activities, when
							 required by section 5(e) of the act (52 P. S. §
														3305(e)), shall contain
							 proof of liability insurance under §
													77.231 (relating to terms and
							 conditions for liability insurance).
This section cited in 25 Pa. Code §
															77.161 (relating to
								responsibilities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.165 - Proof of publication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain an intent to publish noting that the advertisement
						  requirement of §
													77.121(a)
						  (relating to public notices of filing of permit applications) is in the process
						  of being satisfied. Prior to the issuance of the permit, and within 4 weeks
						  after the last date of advertisement, the applicant shall submit a copy of the
						  advertisements as required by §
													77.121(a) or the
						  original notarized proof of publication to the Department.
(b) Failure to submit the proof of
						  publication under subsection (a) will result in the application not being
						  complete and the Department will return the application to the applicant to
						  start the process again.
This section cited in 25 Pa. Code §
															77.161 (relating to
								responsibilities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.171 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.172 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.173 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.174 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.175 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.176 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.177 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.178 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.179 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.180 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.181 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REQUIREMENTS FOR LEGAL, FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 77.182 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 77.191 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the minimum requirements
							 for demonstrating sufficient financial responsibility for mining and
							 reclamation operations by providing for bond guarantees for the operations and
							 minimum standards for insurance protection for personal injury and property
							 damage to third parties arising out of the operations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 77.192 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
							 subchapter, have the following meanings, unless the context clearly indicates
							 otherwise:
Cash
-The term includes, when used in
							 regard to bond requirements, negotiable certificates of deposit.
Collateral bond
-A penal bond
							 agreement in a sum certain, payable to the Department, executed by the
							 operator, and which is supported by the deposit with the Department of cash,
							 negotiable bonds of the United States, the Commonwealth, the Turnpike
							 Commission, the General State Authority, the State Public School Building
							 Authority, or a Commonwealth municipality, or Pennsylvania bank or banking
							 institution, automatically renewable and assignable certificates of deposit or
							 irrevocable and stand-by Commonwealth bank or banking institution letters of
							 credit.
Long term facility
-A processing
							 plant located within the permit area, mine drainage facility, refuse area or
							 other structure and facility associated with surface or underground mining
							 which will be an active mine operation for at least 10 years.
Long term mine
-An underground mine
							 which will be in active operation for at least 10 years, or a surface mine in
							 which the mineral to be removed exceeds the amount of overburden by a ratio of
							 at least 4:1 and which will be in active operation for at least 10
							 years.
Surety bond
-A penal bond agreement
							 in a sum certain payable to the Department, executed by the operator and a
							 corporation licensed to do business as a surety in this Commonwealth and
							 approved by the Department, and which is supported by the guarantee of payment
							 on the bond by the surety.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 77.193 - Requirement to file a bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A new,
						  revised or renewed permit to conduct mining or reclamation operations, or
						  permission to expand mining or reclamation operations within a permit area
						  which has been limited to a portion or phase of the entire permit area will not
						  be issued by the Department before the applicant for the permit or phase
						  approval has filed with the Department a bond upon a form provided by the
						  Department payable to the Department, and the bond has been approved by the
						  Department. The bond will be conditioned upon the faithful performance of the
						  requirements of the act, the environmental acts, this title, orders of the
						  Department, the reclamation plan and the conditions of the permit. The amount,
						  duration, form, conditions and terms of the bond shall conform to the
						  requirements of this chapter.
(b)
						  An operator may not disturb surface acreage or extend operations prior to
						  receipt of approval from the Department of a bond and issuance of a permit or
						  incremental phase approval covering the surface acreage to be
						  affected.
(c) Liability on the bond
						  shall be limited to the specific bonded area except where there are adverse
						  hydrologic impacts. When there are adverse hydrologic impacts the Department
						  will not release liability for a bonded area which is, in the Department's best
						  conservative judgment, hydrologically connected to the adverse hydrologic
						  impact.
(d) The Department may
						  allow the bond liability for parts of a highwall to be transferred to a
						  subsequent bonded area in relation to the progress of the highwall. The
						  transfer of liability will not be considered a bond release.
This section cited in 25 Pa. Code §
															77.126 (relating to criteria for
								permit approval or denial); and 25 Pa. Code §
															77.572 (relating to permit line
								setback).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 77.194 - Requirement to file a certification of liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant for a permit who extracted more than
							 2000 tons of marketable minerals in the previous year or plans to do so in the
							 current year shall submit proof to the Department of liability insurance
							 coverage for its mining and reclamation operations issued by an insurance
							 company authorized to do business in this Commonwealth. The amount, duration,
							 form, conditions, terms and method of proof of insurance coverage shall conform
							 to §
													77.231 (relating to terms and
							 conditions for liability insurance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 77.195 - Department responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will prescribe and furnish the forms for filing bonds.
(b) The Department will prescribe terms and
						  conditions for bonds and insurance.
(c) The Department will establish bonding
						  amount rate guidelines based on the estimated cost to the Department for
						  completing the reclamation requirements of the permittee under the act, this
						  chapter and the conditions of the permit. The guidelines shall be reviewed and,
						  if necessary, revised by the Department annually to reflect the current cost of
						  reclamation to the Department. The Department may consider fees, or other
						  sources of money paid by the permittee and dedicated for reclamation of
						  defaulted permit areas in determining bonding guidelines.
(d) The Department will determine the amount
						  of the bond required for the permit areas, including adjustments to the initial
						  amount from time to time as land acreages in the permit area are revised, costs
						  to the Department of reclamation change or when other relevant conditions
						  change, according to the minimum requirements of §
													77.202 (relating to determination
						  of bond amount).
(e) A bond shall
						  be reviewed for legality and form according to established
						  procedures.
(f) The Department will
						  release the permittee from bond and insurance requirements as provided in
						  §§
													77.241-77.243 (relating to release of
						  bonds).
(g) The Department will
						  cause a bond to be forfeited as provided in §§
													77.251-77.254 (relating to bond
						  forfeiture).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 77.201 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
							 77.202-77.205 set forth the minimum
							 requirements for determining the amounts and time periods of liability for
							 bonds for mining and reclamation operations.
This section cited in 25 Pa. Code §
															77.226 (relating to phased
								deposits of collateral).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 77.202 - Determination of bond amount

Current through Register Vol. 54, No. 28, July 13, 2024
The standard applied by the Department in determining
							 the amount of bond shall be the estimated cost to the Department if it had to
							 complete the reclamation, restoration and abatement work required under the
							 act, this chapter and the conditions of the permit. The bond rate shall be
							 based on the maximum disturbed unrestored area which will exist at one time,
							 and shall be in accordance with the bond schedule as published by the
							 Department or the Secretary.
This section cited in 25 Pa. Code §
															77.195 (relating to Department
								responsibilities); 25 Pa. Code §
															77.201 (relating to scope); 25 Pa.
								Code §
															77.226 (relating to phased
								deposits of collateral); and 25 Pa. Code §
															77.456 (relating to reclamation
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 77.203 - Minimum amount of bond

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum amount of bond, except as provided under
							 general permits, shall be $5000 for the entire permit area, including
							 additional acreage permit revisions.
This section cited in 25 Pa. Code §
															77.201 (relating to scope); 25 Pa.
								Code §
															77.226 (relating to phased
								deposits of collateral).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 77.204 - Period of liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Liability under bonds posted for a noncoal mining activity shall continue for
						  the duration of the mining activities and its reclamation as provided in the
						  act, this chapter and the conditions of the permit for 5 years after completion
						  of the mining and reclamation of the area, unless released in whole or in part
						  prior thereto if the Department is satisfied that the reclamation covered by
						  the bond has been accomplished as required by the act.
(b) The bond liability of the permittee shall
						  include only those actions which the operator is obliged to take under the
						  permit, including completion of the reclamation plan so that the land will be
						  capable of supporting a postmining land use approved under §
													77.653 (relating to postmining
						  land use). Actions of third parties which are beyond the control and influence
						  of the operator and for which the operator is not responsible under the permit
						  need not be covered by the bond.
This section cited in 25 Pa. Code §
															77.201 (relating to scope); 25 Pa.
								Code §
															77.226 (relating to phased
								deposits of collateral); and 25 Pa. Code §
															77.243 (relating to criteria and
								schedule for release of bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 77.205 - Bond adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  permittee shall deposit additional bond amounts upon notification by the
						  Department if the existing bond does not meet the requirements of this
						  subchapter for any reason, including, but not limited to, mining or operation
						  changes, reclamation changes or changes in the cost of reclamation, restoration
						  or abatement work.
(b) A permittee
						  may request reduction of the required bond amount upon submission of evidence
						  to the Department proving that the permittee's method of operation or other
						  circumstances will reduce the maximum estimated cost to the Department to
						  complete the reclamation responsibilities and, therefore, warrants a reduction
						  of the bond amount. The request will not be considered as a request for partial
						  bond release under §§
													77.241-77.243 (relating to release of
						  bonds).
(c) Periodically, after the
						  date on which a bond was required to be submitted under this subchapter, the
						  Department may determine the adequacy of bond amount requirements for mining
						  operations and, if necessary, require additional bond amounts.
(d) The Department will notify the permittee,
						  the surety and any person with a property interest in collateral who has
						  requested notification of any proposed adjustment to the bond amount. The
						  Department will also provide the permittee an opportunity for an informal
						  conference on the proposed adjustment.
This section cited in 25 Pa. Code §
															77.201 (relating to scope); 25 Pa.
								Code §
															77.226 (relating to phased
								deposits of collateral); and 25 Pa. Code §
															77.228 (relating to failure to
								maintain proper bond).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.221 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
							 77.222-77.231 establish the minimum
							 standards for the form of the bond for mining and reclamation activities, and
							 the terms and conditions applicable to bonds and liability insurance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.222 - Form of the bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will accept the following types of bonds:
(1) A surety bond.
(2) A collateral bond.
(3) For long term mines and long term
						  facilities, a phased deposit of collateral bond under §
														77.226 (relating to phased
						  deposits of collateral).
(4)
						  Payment in lieu of bond under §
														77.227 (relating to payment in
						  lieu of bond (PILB)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.223 - Special terms and conditions for surety bonds

Current through Register Vol. 54, No. 28, July 13, 2024
A surety bond is subject to the following
							 conditions:
(1) The Department will
						  not accept the bond of a surety company which has failed or delayed in making
						  payment on a forfeited surety bond.
(2) The Department will not accept the bond
						  of a surety company unless the bond is not cancellable by the surety at any
						  time for any reason, including, but not limited to, nonpayment of premium or
						  bankruptcy of the permittee during the period of liability.
(3) The Department will not accept a single
						  bond in excess of a surety company's maximum single obligation as provided by
						  The Insurance Company Law of 1921 (40 P. S. §§
														341-991), unless the surety company satisfies
						  that statute for exceeding that limit.
(4) The Department will provide in the bond
						  that the amount shall be confessed to judgment upon forfeiture.
(5) The bond shall provide that the surety
						  and the permittee shall be jointly and severally liable.
(6) The Department will accept only the bond
						  of a surety authorized to do business in this Commonwealth, when the surety
						  bond is signed by an appropriate official of the surety as determined by the
						  Department. When the principal place of business of the surety is outside of
						  this Commonwealth, the surety bond shall be signed by an authorized resident
						  agent of the surety.
(7) The bond
						  shall provide that liability on the bond will not be impaired nor affected by a
						  renewal or extension of the time for performance, or a forbearance or delay, in
						  declaring or enforcing forfeiture of the bond. The surety has no right to cover
						  or perform the principal's obligation on the bond, although the Department may
						  allow the surety to do so in lieu of enforcing the forfeiture or collecting the
						  bond. A forbearance of delay does not affect the obligations under the
						  bond.
This section cited in 25 Pa. Code § 77.221
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.224 - Special terms and conditions for collateral bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will obtain and keep in
						  custody collateral deposited by the permittee until authorized for release or
						  replacement as provided in this subchapter.
(b) A collateral bond pledging negotiable
						  government securities is subject to the following conditions:
(1) The Department may determine the current
						  market value of government securities for the purpose of establishing the value
						  of the securities for bond deposit.
(2) The current market value shall be at
						  least equal to the amount of the required bond amount.
(3) The Department may periodically revalue
						  the securities and may require additional amounts if the current market value
						  is insufficient to satisfy the bond amount requirements for the
						  facility.
(4) The operator may
						  request and receive the interest accruing on governmental securities with the
						  Department as the interest becomes due. The Department will not make interest
						  payments for post forfeiture interest, accruing during appeals, and after
						  resolution of the appeals, when the forfeiture is adjudicated, decided or
						  settled in favor of the Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.225 - Surety/collateral combination bond

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee for surface mining activities may post a
							 combination of surety and collateral bonds for a permit or designated phase of
							 a permit.
This section cited in 25 Pa. Code § 77.221
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.227 - Payment in lieu of bond (PILB)

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  lieu of the bond otherwise required in this subchapter, an operator may elect
						  to pay to the Department a payment as provided in this section. A person may
						  not make a payment under this section, unless that person demonstrates to the
						  Department's satisfaction the following:
(1)
						  The operator is unable to post a collateral bond otherwise required by this
						  chapter. The operator shall demonstrate inability to post a collateral bond by
						  an earnings test established by the Department. The operator will be deemed to
						  be unable to post a collateral bond when the earnings test demonstrates the
						  operator's earnings after taxes, minus the amount of the collateral bond, are
						  zero or less.
(2) The operator is
						  unable to obtain a surety bond otherwise required under this chapter by
						  submitting letters of rejection from three surety companies licensed to do
						  business in this Commonwealth, or one letter of rejection from a broker
						  indicating rejection from the three sureties.
(3) The operator is unable to obtain a
						  self-bond allowed under this chapter. The operator may not convert collateral
						  or surety bonds to payment in lieu of bonds.
(4) The operator's past history of compliance
						  with environmental laws does not indicate a lack of intention or ability to
						  comply with financial responsibility requirements, including regular payments
						  to the Department under the payment in lieu of bond provisions of this chapter
						  and the operator is in compliance with the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.228 - Failure to maintain proper bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a permittee fails to post promptly
						  additional bond required under §
													77.205(a) 
						  (relating to adjustments) or fails to make timely deposits of bond according to
						  the schedule submitted under §
													77.226 (relating to phased
						  deposits of collateral), the Department will issue a notice of violation to the
						  permittee, and if the permittee fails to show satisfactory compliance, the
						  Department will issue a cessation order for the permittee's permit areas and
						  thereafter may take appropriate actions.
(b) The permittee shall, at all times,
						  maintain a bond in an amount and with sufficient guarantee as provided by this
						  chapter. If a surety company who has provided surety bonds, or a bank who has
						  provided letters of credit or certificates of deposit for a permittee, enters
						  into bankruptcy or liquidation, or has its license suspended or revoked, or for
						  another reason indicates an inability or unwillingness to provide an adequate
						  financial guarantee of the obligations under the bond or instrument, the
						  Department will issue a notice of violation to the permittee requiring that
						  affected permits be rebonded according to the requirements of this subchapter.
						  If the permittee fails to correct the violation within the prescribed period
						  for correction, the Department will issue a cessation order for the permittee's
						  permit areas and thereafter may take appropriate actions.
This section cited in 25 Pa. Code § 77.221
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.229 - Replacement of bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department may allow permittees to replace existing surety or collateral bonds
						  with other surety or collateral bonds, if the liability which has accrued
						  against the permittee on the permit area is transferred to the replacement
						  bonds.
(b) The Department will not
						  release existing bonds until the permittee has submitted, and the Department
						  has approved, acceptable replacement bonds. A replacement of bonds under this
						  section does not constitute a release of bond under §§
													77.241-77.243 (relating to release of
						  bonds).
(c) In lieu of bond-state
						  bonding-arrangements made before March 17, 1990, may be continued if the permit
						  is in existence on March 17, 1990, and continues in force and the annual
						  payments required to be made are made by the permittee.
This section cited in 25 Pa. Code § 77.221
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › FORMS, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 77.230 - Transfer of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Before a permit is transferred as provided in §
													77.144 (relating to transfer of
							 permit), the succeeding operator shall post a bond in an appropriate amount
							 determined by the Department under this subchapter. The bond may not be for
							 less than the amount of the bond on deposit with the Department, in the
							 succeeding operator's name, assuming accrued liability for the permit
							 area.
This section cited in 25 Pa. Code § 77.221
								(relating to scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › RELEASE OF BONDS › Section 77.241 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
							 77.242 and
							 77.243 (relating to procedures for
							 seeking release of bond; and criteria and schedule for release of bond) set
							 forth the procedures and criteria for release of bonds for mining and
							 reclamation operations, unless otherwise specified by the terms and conditions
							 of this chapter or by a general permit issued under this chapter.
This section cited in 25 Pa. Code §
															77.108 (relating to permit for
								small noncoal operations); 25 Pa. Code §
															77.195 (relating to Department
								responsibilities); 25 Pa. Code §
															77.205 (relating to bond
								adjustments); 25 Pa. Code §
															77.229 (relating to replacement of
								bonds); 25 Pa. Code §
															77.253 (relating to procedures);
								and 25 Pa. Code §
															92a.76 (relating to cessation of
								discharge).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › RELEASE OF BONDS › Section 77.242 - Procedures for seeking release of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Release of bond.
The
						  permittee may file an application with the Department for release of all or
						  part of the bond liability applicable to a permit or designated phase of a
						  permit area after reclamation, restoration and abatement work in a reclamation
						  stage, as defined in
						  77.243 (relating to criteria and
						  schedule for release of bond), has been completed on the permit area or
						  designated phase of a permit area, subject to the following conditions:
(1) Applications may be filed only at times
						  or seasons that allow the Department to properly evaluate the reclamation
						  operations reported to have been completed.
(2) Within 60 days after filing the
						  application for release, the permittee shall submit proof of publication of the
						  advertisement required by subsection (b). The proof of publication shall be
						  considered part of the bond release application. If the proof of publication is
						  not received within 60 days after filing the application for release of bond,
						  the application will be considered incomplete and the Department may return the
						  application with no further action.