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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 86.149 - Determination of bond amount

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The standard applied by the Department in determining the amount of bond will
						  be the estimated cost to the Department if it had to complete the reclamation,
						  restoration and abatement work required under the acts, regulations thereunder
						  and the conditions of the permit. The Department may establish bonding rate
						  guidelines which utilize the factors in §
													86.145(c)
						  (relating to Department responsibilities).
(b) This amount will be based on, but not
						  limited to, the following:
(1) The estimated
						  costs submitted by the permittee in accordance with §
														87.68, §
														88.96, §
														88.492, § 89.71 or §
						  90.33.
(2) Reclamation costs for
						  surface mines related to the specific size and geometry of the proposed mining
						  operation, the topography and geology of the permit area, the potential for
						  water pollution or hydrologic disturbances, the availability of topsoil and the
						  proposed land use.
(3) The costs
						  related to distinct differences in mining methods and reclamation standards for
						  bituminous surface mines, anthracite surface mines and underground
						  mines.
(4) The cost of relocating
						  or reconstructing roads or streams within the permit area.
(5) The cost of sealing shafts or other mine
						  openings, removal of buildings, facilities or other equipment, constructing,
						  operating and maintaining treatment facilities and correcting surface
						  subsidence.
(6) The additional
						  estimated costs to the Department which may arise from applicable public
						  contracting requirements or the need to bring personnel and equipment to the
						  permit area after its abandonment by the permittee to perform reclamation,
						  restoration and abatement work.
(7)
						  The amount of fees, fines or other payments made to the Department and
						  dedicated by the Department for reclamation, restoration and abatement of
						  defaulted permit areas.
(8)
						  Additional estimated costs necessary, expedient and incident to the
						  satisfactory completion of the requirements of the acts, regulations thereunder
						  and the conditions of the permit.
(9) An additional amount based on factors of
						  cost changes during the preceding 5 years for the types of activities
						  associated with the reclamation to be performed.
(10) Other cost information as required from
						  the permittee or otherwise available to the Department.
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 › AMOUNT AND DURATION OF LIABILITY › Section 86.150 - Minimum amount

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The minimum
						  amount of bond for bituminous coal mining activities and anthracite and
						  bituminous coal refuse disposal operations shall be $10,000 for the entire
						  permit area, including additional acreage permit revisions thereto.
(b) The minimum amount of bond for anthracite
						  coal mining activities-except anthracite coal refuse disposal operations-is
						  $5,000 for the entire permit area, including additional acreage permit
						  revisions.
This section cited in 25 Pa. Code §
															86.17 (relating to permit and
								reclamation fees); 25 Pa. Code §
															86.148 (relating to scope); and 25
								Pa. Code §
															86.161 (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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 86.151 - Period of liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Liability under bonds posted for a coal surface mining activity shall continue
						  for the duration of the mining activities and its reclamation as provided in
						  the acts, regulations adopted thereunder and the conditions of the permit and
						  for 5 additional years after completion of augmented seeding, fertilization,
						  irrigation or other work necessary to achieve permanent revegetation of the
						  permit area.
(b) Liability under
						  bonds posted for the surface effects of an underground mine, coal preparation
						  activity or other long-term facility shall continue for the duration of the
						  mining operation or use of the facility, its reclamation as provided in the
						  acts, regulations adopted thereunder and the conditions of the permit, and for
						  5 years thereafter, except for:
(1) The risk
						  of water pollution for which liability under the bond shall continue for a
						  period of time after completion of the mining and reclamation operation. This
						  period of time will be determined by the Department on a case-by-case
						  basis.
(2) The risk of subsidence
						  from bituminous underground mines for which liability under the bond shall
						  continue for 10 years after completion of underground mining
						  operations.
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.155 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This section and §§
													86.156-86.162c and
							 86.165-86.168 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.
The provisions of this §
															86.155 amended under section 5 of
								The Clean Streams Law (35 P.S. §
																691.5); sections 4(a) and 4.2 of the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.4(a) and
								1396.4b); and section 1920-A
								of The Administrative Code of 1929 (71 P.S. §
																510-20).
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.156 - 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) A self bond.
(4) A combination of bonding instruments as
						  provided in §
														86.160 (relating to combination of
						  bonding instruments), for coal surface mining activities.
(5) A phased deposit of collateral bond as
						  provided in §
														86.161 (relating to phased
						  deposits of collateral), for long-term mines, long-term facilities and coal
						  refuse disposal activities.
(6)
						  Subsidence insurance as provided in §
														86.162 (relating to subsidence
						  insurance in lieu of bond), for risk of subsidence from bituminous underground
						  mines.
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.158 - Special terms and conditions for collateral bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will obtain possession of
						  and keep in custody collateral deposited by the permittee until authorized for
						  release or replacement as provided in this subchapter.
(b) Collateral bonds pledging negotiable
						  government securities are subject to the following conditions:
(1) The Department will 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, less any legal
						  and liquidation costs, is 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. At a minimum, the Department shall require any necessary
						  additional amounts with each permit renewal.
(4) The operator may request and receive the
						  interest accruing on governmental securities with the Department as the
						  interest becomes due and payable. The Department will not make interest
						  payments for postforfeiture interest accruing during appeals, and after
						  resolution of the appeals, when the forfeiture is adjudicated and decided 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.160 - Combination of bonding instruments

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee for a coal mining activities permit may
							 post a combination of surety, collateral and self-bonds for the permit. A bond
							 instrument shall be construed as part of the bond for the entire permit.
This section cited in 25 Pa. Code §
															86.155 (relating to scope); and 25
								Pa. Code §
															86.156 (relating to form of the
								bond).
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.161 - Phased deposits of collateral

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee for a long-term mining operation or
							 facility may post a collateral bond for a permit area according to the
							 following requirements:
(1) The
						  permittee shall submit a collateral bond to the Department.
(2) The permittee shall deposit $10,000 or
						  25%, whichever is greater, of the total amount of bond determined under
						  §§
													86.148-86.152 (relating to amount and
						  duration of liability) in approved collateral with the Department.
(3) The permittee shall submit a schedule
						  agreeing to deposit a minimum of 10% of the remaining amount of bond, in
						  approved collateral in each of the next 10 years or in a proportion so that
						  final payment is made by the date required by the Department. The entire bond
						  amount shall be submitted by the operator no later than the actual or expected
						  completion of operations at the mine or the facility. An annual payment becomes
						  due on the anniversary date of the issuance of the permit, unless otherwise
						  established by the Department. A payment shall be accompanied by appropriate
						  bond documents required by the Department. Interest accumulated by phased
						  deposits of collateral shall become part of the bond, and may be used to reduce
						  the amount of the final phased deposit.
(4) The Department may require additional
						  bonding if the Department determines that a higher bond amount is necessary.
						  The increase in the total bond amount required shall proportionately increase
						  the remaining annual payments. The operator shall submit a new schedule within
						  30 days of notice by the Department of the increase in the total bond amount
						  due.
(5) The operator shall deposit
						  the full amount of the bond required for the long-term operation or facility
						  within 30 days of receipt of a written demand by the Department to accelerate
						  deposit of the bond. The Department may make the demand when the Department
						  determines that the purposes of this section, this chapter or the acts, have
						  not been met, including, but not limited to, when one of the following occurs:
(i) The operator has failed to make a deposit
						  of bond amount when required according to the schedule for the
						  deposit.
(ii) The operator has
						  violated the requirements of the acts, this chapter, other terms or conditions
						  of the permit or orders of the Department.
(iii) The actual or expected completion of
						  operations of the mine or the facility will occur prior to the expiration of
						  the 10-year period determined under this section.
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.162 - Subsidence insurance in lieu of bond

Current through Register Vol. 54, No. 28, July 13, 2024
A permittee for a bituminous underground mine, may,
							 in lieu of bond coverage for the risk of subsidence, purchase and maintain in
							 force subsidence insurance as provided by the act of August 23, 1961 (P. L.
							 1068, No. 484) (52 P. S. §§
														3201-3226), entitled, "An Act to provide for
							 the creation and administration of a Coal and Clay Subsidence Insurance Fund
							 within the Department of Environmental Resources for the insurance of
							 compensation for damages to subscribers thereto...", for the benefit of all
							 affected surface property owners.
This section cited in 25 Pa. Code §
															86.155 (relating to scope); 25 Pa.
								Code §
															86.156 (relating to form of the
								bond); and 25 Pa. Code §
															86.165 (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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.162a - Anthracite Mine Operators Emergency Bond Fund

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For permitted anthracite mine operators
						  required to post a bond under §
													86.143 (relating to requirements
						  to file a bond), and who can demonstrate to the Department that they are unable
						  to post a conventional surety or collateral bond as described in §
													86.156 (relating to the form of
						  the bond), and do not meet the requirements of §
													86.161 (relating to phased
						  deposits of collateral), may apply to the Department for an Anthracite Mine
						  Operator's Emergency Bond Loan. The purpose of this loan is to guarantee a
						  collateral bond posted by the operator.
(b) Permitted anthracite mine operators who
						  wish to use the anthracite mine emergency bond loan program shall demonstrate
						  one of the following:
(1) The operator has
						  been rejected by three separate bond companies licensed to do business in this
						  Commonwealth and the grounds for rejection.
(2) The operator has had bonds canceled due
						  to the insolvency or bankruptcy of an insurance company or surety company
						  licensed to do business in this Commonwealth.
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.162b - Land Reclamation Financial Guarantees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will designate funds in
						  the Land Reclamation Financial Guarantee Account to underwrite Land Reclamation
						  Financial Guarantees.
(b) The funds
						  in the Land Reclamation Financial Guarantee Account will be used to cover
						  obligations for all existing sum-certain financial guarantees needed to
						  facilitate the implementation of full-cost bonding previously issued by the
						  Department.
(c) The Department may
						  issue Land Reclamation Financial Guarantees to financially assure the bonding
						  obligations of qualified surface coal mining operators engaged in surface
						  mining activities under §
													86.143 (relating to requirement to
						  file a bond).
(d) The Department
						  will hold in reserve in the Land Reclamation Financial Guarantee Account funds
						  that are not designated to underwrite Land Reclamation Financial
						  Guarantees.
(e) The Department will
						  use funds held in reserve in the Land Reclamation Financial Guarantee Account
						  to:
(1) Assure the availability of funds to
						  cover reclamation liabilities when there is a mine operator bond forfeiture
						  under §
														86.181 (relating to
						  general).
(2) Underwrite
						  sum-certain financial guarantees available under Bioenergy Crop Bonding
						  implemented by §
														86.162c (relating to Bioenergy
						  Crop Bonding).
(3) Transfer funds
						  available in the Land Reclamation Financial Guarantee Account to the
						  Reclamation Fee O&M Trust Account.
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.162c - Bioenergy Crop Bonding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit is
						  eligible for Bioenergy Crop Bonding at no cost to a surface mining permittee if
						  the applicant demonstrates the following:
(1)
						  The site is a remining site as defined in §
														86.252 (relating to
						  definitions).
(2) Stage 2 bond
						  release has been achieved at the remining site.
(3) The bioenergy crops listed in
						  subparagraph (i) or (ii) have been grown at the remining site:
(i) Switchgrass, camelina or
						  canola.
(ii) Other bioenergy crops
						  grown to produce feedstock for biofuels, including biodiesel and ethanol, and
						  biomass for electricity generation.
(4) Water treatment liability has not been
						  triggered under Chapter 87, Subchapter F, Chapter 88, Subchapter G or Chapter
						  90, Subchapter F (relating to surface coal mines: minimum requirements for
						  remining areas with pollutional discharges; anthracite surface mining
						  activities and anthracite bank removal and reclamation activities: minimum
						  requirements for remining areas with pollutional discharges; and coal refuse
						  disposal activities on areas with preexisting pollutional
						  discharges).
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.163 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.164 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.165 - Failure to maintain proper bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a permittee fails to promptly post
						  additional bond required under §
													86.152 (relating to bond
						  adjustments), or fails to make timely deposits of bond according to the
						  schedule submitted under §
													86.161 (relating to phased
						  deposits of collateral), or fails to make payments under §
													86.162a (relating to Anthracite
						  Deep Mine Operators Emergency Bond Fund) or fails to maintain subsidence
						  insurance provided in §
													86.162 (relating to subsidence
						  insurance in lieu of bond), or fails to make annual payments for financial
						  guarantees as required under §
													86.283(a)
						  (relating to procedures), or fails to make annual payments for Land Reclamation
						  Financial Guarantees as required under §
													86.162b (relating to Land
						  Reclamation Financial Guarantees), the Department will issue a notice of
						  violation to the permittee, and if the permittee fails to correct the violation
						  within 15 days of the notice, the Department will issue a cessation order for
						  the permittee's permit areas and thereafter take actions that may be
						  appropriate.
(b) The permittee
						  shall maintain bonds in an amount and with sufficient guarantee as required by
						  this chapter. If a surety company who had provided surety bonds, or a bank who
						  had 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
						  and, if the permittee fails to correct the violation within 90 days of the
						  notice, the Department will issue a cessation order for the permittee's permit
						  areas and thereafter take appropriate action.
The provisions of this §
															86.165 amended under section 5 of
								The Clean Streams Law (35 P.S. §
																691.5); sections 4(a) and 4.2 of the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.4(a) and
								1396.4b); and section 1920-A
								of The Administrative Code of 1929 (71 P.S. §
																510-20).
This section cited in 25 Pa. Code §
															86.155 (relating to scope); and 25
								Pa. Code §
															86.282 (relating to participation
								requirements).
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 › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.166 - 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 as accrued
						  against the permittee on the permit area is transferred to the replacement
						  bonds and the replacement bonds are equivalent.
(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 pursuant to this section
						  does not constitute a release of bond under §§
													86.170-86.172 (relating to scope;
						  procedures for seeking release of bond; and criteria for release of
						  bond).
(c) The Department will not
						  allow permittees to replace existing surety or collateral bonds with phased
						  deposits of collateral bonds unless the first payment is equal to the bond
						  being replaced and meets the requirements of §
													86.161 (relating to phased
						  deposits of collateral).
This section cited in 25 Pa. Code § 86.155
								(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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE › Section 86.167 - Transfer of permits

Current through Register Vol. 54, No. 28, July 13, 2024
Before a permit is transferred as provided in
							 Subchapter B (relating to permits), the successor operator shall post a new
							 bond in an appropriate amount determined by the Department under this
							 subchapter but in no case less than the amount of bond on deposit with the
							 Department, in the successor operator's name, assuming all accrued liability
							 for the permit area. The successor operator may use negotiable securities of
							 the former permittee as the bond guarantee if they obtain an assignment of
							 residual right, title and interest to the negotiable securities from the former
							 permittee and provide the Department with proof of the assignment.
This section cited in 25 Pa. Code § 86.155
								(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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › RELEASE OF BONDS › Section 86.170 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This section and §§
													86.171 and
							 86.172 (relating to procedures for
							 seeking release of bond; and criteria for release of bond) set forth the
							 procedures and criteria for release of bonds for mining and reclamation
							 operations.
This section cited in 25 Pa. Code §
															86.145 (relating to Department
								responsibilities); 25 Pa. Code §
															86.152 (relating to adjustments);
								25 Pa. Code §
															86.159 (relating to self-bonding);
								25 Pa. Code §
															86.162a (relating to Anthracite
								Deep Mine Operators Emergency Bond Fund); 25 Pa. Code §
															86.162b (relating to Land
								Reclamation Financial Guarantees); 25 Pa. Code §
															86.166 (relating to replacement of
								bonds); 25 Pa. Code §
															86.182 (relating to procedures);
								25 Pa. Code §
															86.283 (relating to procedures);
								25 Pa. Code §
															86.284 (relating to forfeiture);
								25 Pa. Code §
															86.294 (relating to uses and
								limitations); 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › RELEASE OF BONDS › Section 86.171 - Procedures for seeking release of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The permittee, or another person having
						  an interest in the bond, may file an application with the Department to release
						  all or part of the bond liability applicable to a permit or designated phase of
						  permit area after reclamation, restoration and abatement work in a reclamation
						  stage, as defined in §
													86.172 (relating to criteria 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 only be reviewed at
						  times or seasons that allow the Department to properly evaluate the reclamation
						  operations alleged to have been completed.
(2) The application shall include copies of
						  letters sent to surface owners, adjoining property owners, local government
						  bodies, planning agencies, and sewage and water treatment facilities or water
						  authorities or companies in thelocality of the permit area, notifying them of
						  the permittee's intention to seek release of bond. These letters shall be sent
						  before the permittee files the application for release.
(3) 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,
						  it will be considered incomplete and the Department may return the application
						  with no further action.
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 › RELEASE OF BONDS › Section 86.173 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › RELEASE OF BONDS › Section 86.174 - Standards for release of bonds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  When the entire permit area or a portion of a permit area has been backfilled
						  and regraded to the approximate original contour or approved alternative, and
						  when drainage controls have been installed in accordance with the approved
						  reclamation plan, Stage 1 reclamation standards have been met.
(b) When the entire permit area or a portion
						  of the permit area meets the following standards, Stage 2 reclamation has been
						  achieved:
(1) Topsoil has been replaced and
						  revegetation has been successfully established in accordance with the approved
						  reclamation plan.
(2) The reclaimed
						  lands are not contributing suspended solids to stream flow or runoff outside
						  the permit area in excess of the requirements of the acts, regulations
						  thereunder or the permit.
(3) If
						  prime farmlands are present, the soil productivity has been returned to the
						  required level when compared with nonmined prime farmland in the surrounding
						  area, to be determined from the soil survey performed under the reclamation
						  plan approved in Chapters 87-90.
(4) If a permanent impoundment has been
						  approved as an alternative postmining land use, the plan for management of the
						  permitted impoundment has been implemented to the satisfaction of the
						  Department.
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 › RELEASE OF BONDS › Section 86.175 - Schedule for release of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will not release any portion of the liability under bonds
						  applicable to a permit area or designated phase of a permit area until it finds
						  that the permittee has complied with §§
													86.171,
						  86.172 and
						  86.174 (relating to procedures for
						  seeking release of bond; criteria for release of bond; and standards for
						  release of bonds).
(b) The amount
						  of bonds applicable to a permit area or designated phase of a permit area which
						  may be released shall be calculated on the following basis:
(1) Release of an amount not to exceed 60% of
						  the total bond amount on the permit area or designated phase of a permit area
						  upon completion and approval by the Department of Stage 1
						  reclamation.
(2) Release of an
						  additional amount of bond on the permit area or designated phase of a permit
						  area upon completion and approval by the Department of Stage 2 reclamation but
						  retaining an amount of bond coverage sufficient to cover the cost of
						  reestablishing vegetation and reconstructing drainage structures if completed
						  by a third party and for the period specified for permit liability in §
														86.151 (relating to period of
						  liability).
(3) Release of the
						  remaining portion of the total bond on the permit area or designated phase of a
						  permit area after standards of Stage 3 reclamation have been
						  attained.
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 86.180 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This section and §§
													86.181,
							 86.182 and
							 86.185 (relating to general;
							 procedures; and preservation of remedies) set forth the procedures and criteria
							 for the forfeiture of bond as a result of the permittee's failure to meet the
							 conditions upon the bond.
This section cited in 25 Pa. Code §
															86.145 (relating to Department
								responsibilities); 25 Pa. Code §
															86.158 (relating to special terms
								and conditions for collateral bonds); and 25 Pa. Code §
															86.188 (relating to evaluation of
								bond forfeiture sites).
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 86.181 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will forfeit the bonds for a permit when it determines that:
(1) The permittee has violated and continues
						  to violate any of the terms or conditions of the bond.
(2) The permittee has failed and continues to
						  fail to conduct the mining or reclamation operations in accordance with the
						  law, the regulations adopted thereunder or the conditions of the
						  permit.
(3) The permittee has
						  abandoned the permit area.
(4) The
						  permits for the area under the bond have been revoked, and the permittee has
						  failed to complete the reclamation, abatement and revegetation required by the
						  law, the regulations adopted thereunder and the conditions of the
						  permit.
(5) The permittee has
						  failed to comply with a compliance schedule in an adjudicated proceeding,
						  consent order or agreement approved by the Department.
(6) The permittee has become insolvent,
						  failed in business, been adjudicated a bankrupt, filed a petition in bankruptcy
						  or for a receiver, or had a receiver appointed by the court; or a creditor of
						  the permittee has attached or executed a judgment against the permittee's
						  equipment, materials or facilities at the permit area, or on the collateral
						  pledged to the Department; and the permittee cannot demonstrate or prove the
						  ability to continue to operate in compliance with the acts, the regulations
						  adopted thereunder and the conditions of the permit.
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 86.182 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will send written notification by mail to the permittee, and the surety on the
						  bond of the Department's intent to forfeit the bond and the reasons for the
						  forfeiture.
(b) If forfeiture of
						  the bond is required, the Department will:
(1)
						  Send written notification by mail to the permittee, and the surety on the bond
						  of the Department's determination to forfeit the bond and the reasons for the
						  forfeiture.
(2) Advise the
						  permittee and surety of their right to appeal to the EHB under section 4 of the
						  Environmental Hearing Board Act of 1988 (35 P. S. §
															7514).
(3) Notify the surety of the requirement to
						  pay the amount of the forfeited bond over to the Department within 30 days
						  after notice by certified mail from the Department. The money shall be held in
						  escrow with any interest accruing to the Department pending the resolution of
						  any appeals. If it is determined, by a court of competent jurisdiction, after
						  exhaustion of appeals, that the Commonwealth was not entitled to all or a
						  portion of the amount forfeited, the interest shall accrue proportionately to
						  the surety in the amount determined to be improperly forfeited by the
						  Department.
(4) Proceed to collect
						  on the bond as provided by applicable laws for the collection of defaulted
						  bonds or other debts, consistent with this section, if timely appeal is not
						  filed or if an appeal is filed and the appeal is unsuccessful.
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 86.183 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 86.184 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 86.185 - Preservation of remedies

Current through Register Vol. 54, No. 28, July 13, 2024
Remedies provided in law for violation of but not
							 limited to the Surface Mining Conservation and Reclamation Act (52 P. S.
							 §§
														1396.1-1396.19b), The Clean
							 Streams Law (35 P. S. §§
														691.1-691.1001), the Air Pollution Control
							 Act (35 P. S. §§
														4001-4015), the Dam Safety and Encroachments
							 Act (32 P. S. §§
														693.1-693.27), the Coal Refuse Disposal
							 Control Act (52 P. S. §§
														30.51-30.66), the Solid Waste Management Act
							 (35
							 P. S. §§
														6018.101-6018.1003) and
							 The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§
														1406.1-1406.21), the regulations adopted
							 thereunder, or the conditions of the permits, are expressly preserved. Nothing
							 in this subchapter may be construed as an exclusive penalty or remedy for the
							 violations of law. No action taken under this subchapter may waive or impair
							 another remedy or penalty provided in law.
The provisions of this §
															86.185 amended under section 5 of
								The Clean Streams Law (35 P. S. §
																691.5); sections 4(a) and 4.2 of the Surface
								Mining Conservation and Reclamation Act (52 P. S.
								§§
																1396.4(a) and
								1396.4b); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code §
															86.145 (relating to Department
								responsibilities); 25 Pa. Code §
															86.158 (relating to special terms
								and conditions for collateral bonds); 25 Pa. Code §
															86.180 (relating to scope); and 25
								Pa. Code §
															86.188 (relating to evaluation of
								bond forfeiture sites).
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 86.186 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
							 86.187-86.190 set forth the procedures
							 and criteria for the use of money in the Surface Mining Conservation and
							 Reclamation Fund. For the purposes of these sections, the term "Fund" means the
							 Surface Mining Conservation and Reclamation Fund, as defined in section 18(a)
							 of the Surface Mining Conservation and Reclamation Act (52 P. S. §
														1396.18(a)).
The provisions of this §
															86.186 issued under section
								4.2(a) of the
								Surface Mining Conservation and Reclamation Act (52 P. S. §
																1396.4b(a)).
This section cited in 25 Pa. Code §
															86.145 (relating to Department
								responsibilities); and 25 Pa. Code §
															86.158 (relating to special terms
								and conditions for collateral
								bonds).
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 86.187 - Use of money

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Moneys
						  received from fees, fines, penalties, bond forfeitures and other moneys
						  received under authority of the Surface Mining Conservation and Reclamation Act
						  (52
						  P. S. §§
														1396.1-1396.19b), and
						  interest earned on the moneys, will be deposited in the Fund.
(1) Moneys received from the reclamation fees
						  required by §
														86.17(e)
						  (relating to permit and reclamation fees), and the interest accrued on these
						  moneys will be deposited into a separate subaccount within the fund called the
						  Reclamation Fee O&M Trust Account.
(i) The
						  Department will deposit into the Reclamation Fee O&M Trust Account, up to
						  $500,000 in a fiscal year, the moneys collected from civil penalties assessed
						  by the Department under the Surface Mining Conservation and Reclamation Act
						  less the percentage of those penalty moneys due the Environmental Education
						  Fund under section 8 of the Environmental Education Act (35 P. S. §
																7528). If the amount of penalty moneys
						  collected exceeds $500,000 during a fiscal year, the Department may deposit the
						  amount collected in excess of $500,000 into the fund and use the excess amount
						  in accordance with paragraph (3).
(ii) The Department may deposit into the
						  Reclamation Fee O&M Trust Account a portion, to be determined at the
						  Department's discretion, of the interest earned on other moneys in the
						  fund.
(iii) The Department may
						  deposit other moneys into the Reclamation Fee O&M Trust Account, including
						  appropriations, donations or the fees collected for Land Reclamation Financial
						  Guarantees implemented by §
															86.162b (relating to Land
						  Reclamation Financial Guarantees) needed to facilitate full-cost bonding in
						  accordance with applicable law.
(iv) The moneys deposited in the Reclamation
						  Fee O&M Trust Account will be used to pay construction costs and operation
						  and maintenance costs associated with treating postmining pollutional
						  discharges at ABS Legacy Sites, and the moneys may not be used for any other
						  purpose. For purposes of this section, operation and maintenance includes
						  recapitalization costs. Moneys in the Reclamation Fee O&M Trust Account
						  will be held by the Commonwealth in trust for the benefit of all the people to
						  protect their right to pure water and the preservation of the values of the
						  environment. The State Treasurer will manage the investment of the funds in the
						  Reclamation Fee O&M Trust Account with the advice of the
						  Department.