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 86.168 - Terms and conditions for liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permittee shall submit proof of
						  liability insurance coverage before a permit or license is issued. The proof
						  may consist of either a certificate filed at the time of license application
						  and renewal thereof, or, otherwise annually filed with the Department
						  certifying that the permittee has a public liability insurance policy in force
						  covering all of the permittee's mining and reclamation operations in this
						  Commonwealth.
(b) The insurance
						  shall be written on an occurrence basis and shall provide for bodily injury and
						  property damage protection in a total amount determined by the Department on a
						  case by case basis, and adequate to compensate persons injured or property
						  damaged as a result of the permittee's mining and reclamation operation and
						  entitled to compensation under Pennsylvania law.
(c) The insurance shall include and the
						  certificate shall provide a rider covering bodily injury and property damage
						  from the use of explosives if explosives are to be used by the permittee and
						  loss or diminution in quantity or quality of public or private sources of
						  water. The limits of the rider shall be at least equivalent to the limits of
						  the general liability portion of the policy.
(d) The insurance shall include a rider
						  requiring that the insurer notify the Department 30 days prior to substantive
						  changes being made in the policy, or prior to termination or failure to
						  renew.
(e) Minimum insurance
						  coverage for bodily injury shall be $500,000 per person and $1 million
						  aggregate; and minimum insurance coverage for property damage shall be $500,000
						  for each occurrence and $1 million aggregate.
(f) The insurance coverage shall be
						  maintained in full force for the duration of the permittee's mining and
						  reclamation operation. The permittee shall submit proof of the coverage
						  annually. If a permittee fails to maintain the insurance, the Department will
						  issue a notice of intent to suspend the license or permit. The notice will
						  allow the permittee or licensee 30 days from receipt of the notice to submit
						  proof of insurance coverage. If proof is not submitted within the 30-day
						  period, the Department will suspend the license or permit.
(g) A bond or an individual insurance policy
						  as required under subsection (c) for each permit may be provided in lieu of
						  liability insurance to cover replacement or restoration of water supplies.
This section cited in 25 Pa. Code §
															86.55 (relating to permit
								renewals; general requirements); 25 Pa. Code §
															86.67 (relating to personal injury
								and property damage insurance information); 25 Pa. Code §
															86.144 (relating to requirement to
								file a certification of liability insurance); and 25 Pa. Code §
															86.155 (relating to
								scope).