25 Pa. Code § 77.242 - Procedures for seeking release of bond
(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.
(b)
Newspaper advertisement of
application. At the time of filing an application under this section,
the permittee shall advertise the filing of the application in a newspaper of
general circulation in the locality of the permit area. The advertisement
shall:
(1) Be placed in the newspaper at
least once a week for 4 consecutive weeks.
(2) Show the name of the permittee, including
the number and date of issuance or renewal of the permit.
(3) Identify the location and the number of
acres of the lands subject to the application.
(4) State the total amount of bond in effect
for the permit area and the amount for which release is sought.
(5) Summarize the reclamation
completed.
(c)
Surface landowners. The application for bond release shall
include copies of letters to the affected surface landowners notifying the
surface landowners of the request for bond release.
(d)
Objections to proposed bond
release. Written objections to the proposed bond release and requests
for a public hearing or an informal conference may be filed with the
Department, by persons having an interest that is or may be adversely affected,
within 30 days following the last advertisement of the filing of the
application.
(e)
Inspection
of reclamation work. The Department will inspect and evaluate the
reclamation work involved within 30 days after receiving a completed
application for bond release, or as soon thereafter as possible.
(f)
Public hearing. The
Department will schedule a public hearing or informal conference if written
objections are filed and a public hearing or informal conference is requested.
The public hearing or informal conference shall be held in the locality of the
permit area for which bond release is sought.
(1) Notice of a public hearing or informal
conference shall be published in a newspaper of general circulation in the
locality of the public hearing or informal conference, at least 2 weeks before
the date of the public hearing or conference.
(2) The public hearing or informal conference
will be held within 30 days from the date of the notice.
(3) An electronic or stenographic record may
be made of the public hearing or informal conference and the record maintained
for access by the parties, until final release of the bond, if requested in
advance by a party in the public hearing or informal
conference.
(g)
Review by Department. Department review and decision will be
as follows:
(1) The Department will consider,
during inspection, evaluation and public hearing or informal conference
decisions:
(i) Whether the permittee has met
the criteria for release of the bond under §
77.243.
(ii) Whether the permittee has satisfactorily
completed the requirements of the reclamation plan, or relevant portions
thereof, and complied with the requirements of the act, this chapter, and the
conditions of the permit.
(iii)
Whether pollution of surface and subsurface water is occurring or the
continuance of present pollution, and the estimated cost of abating
pollution.
(2) If a
public hearing or informal conference has not been held under subsection (f),
the Department will notify the permittee in writing of its decision to release
or not to release all or part of the bond.
(3) If there has been a public hearing or
informal conference held, the notification of the decision shall be made to the
permittee, and other interested parties, within 30 days after conclusion of the
public hearing or informal conference.
(4) The notice of the decision will state the
reasons for the decision, recommend corrective actions necessary to secure the
release and notify the permittee and interested parties of the right to file an
appeal to the decision with the EHB. An appeal shall be filed with the EHB
under section 4 of the Environmental Hearing Board Act (35 P.S. §
7514) and Chapter 1021 (relating to practice
and procedures).
Notes
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 § 77.241 (relating to scope); 25 Pa. Code § 77.253 (relating to procedures); and 25 Pa. Code § 92a.76 (relating to cessation of discharge).
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