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 86.172 - Criteria for release of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department may release all or part of a bond under §
													86.175 (relating to schedule for
						  release of bond) if it is satisfied that the entire permit area or portion of a
						  permit area has been reclaimed to the standards in §
													86.174 (relating to standards for
						  release of bonds).
(b) The release
						  or adjustment of a bond or portion of a bond does not relieve the operator of
						  further reclamation liability on the permit area.
(c) The Department will not release or adjust
						  bonds if the release or adjustment would reduce the amount of bond to less than
						  that necessary for the Department to complete the approved reclamation plan;
						  achieve compliance with requirements of the acts, regulations thereunder and
						  the conditions of the permits; and abate significant environmental harm to air,
						  water or land resources or danger to the public health and safety which may
						  occur prior to the release of bonds from the permit area. When the permit
						  includes an alternative postmining land use plan approval under §
													87.159, §
													88.133, §
													88.221, §
													88.334, §
													88.492, §
													89.88 or §
													90.166, the Department will retain
						  sufficient bond amounts for the Department to complete additional work which
						  would be required to achieve compliance with the general standards for
						  revegetation in §
													87.155, §
													88.129, §
													88.217, §
													88.330, §
													88.492, §
													89.86 or §
													90.159, if the permittee fails to
						  implement the approved alternative postmining land use plan.
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 §
															86.170 (relating to scope); 25 Pa.
								Code §
															86.171 (relating to procedures for
								seeking release of bond); 25 Pa. Code §
															86.175 (relating to schedule for
								release of bond); 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); 25 Pa. Code §
															87.208 (relating to request for
								bond release); 25 Pa. Code §
															88.508 (relating to request for
								bond release); 25 Pa. Code §
															90.308 (relating to request for
								bond release); and 25 Pa. Code §
															92a.76 (relating to cessation of
								discharge).