(a) A bond release or release from payment in
lieu of a bond applicable to a permit area or designated phase of a permit area
shall be released as follows:
(1) Up to 90%
of the total amount of bond attributable to that portion of reclamation
completed shall be released upon completion and approval by the Department for
Reclamation Stage I.
(2) The
balance shall be released for the entire permit area or designated phase of
permit upon Department approval of Reclamation Stage II liability
period.
(b) For the
purposes of this section the following apply:
(1) Reclamation Stage I shall be deemed to
have been completed when:
(i) The permittee
completes backfilling, regrading and drainage control in accordance with the
approved reclamation plan.
(ii)
Topsoil has been replaced and revegetation has been established in accordance
with the approved reclamation plan and the standards for the success of
revegetation are met.
(iii) The
lands have been stabilized to prevent accelerated erosion and sedimentation
under Chapter 102 (relating to erosion control).
(iv) The permittee has successfully completed
mining and reclamation operations in accordance with the approved reclamation
plan, so that the land is capable of supporting postmining land use approved
under §
77.653 (relating to postmining
land use).
(v) The permittee has
achieved compliance with the requirements of the environmental acts, this
chapter and the conditions of the permits.
(2) Reclamation Stage II shall be deemed to
be complete when the applicable liability period under §
77.204 (relating to period of
liability) has expired.
(c) The Department will not release a bond
amount deposited, or reduce the payment in lieu of bond if the release would
reduce the total remaining amount of bond to an amount which would be
insufficient for the Department to complete reclamation and to take measures
that may be necessary to prevent adverse effects upon the environment or public
health, safety or welfare under the environmental acts, the act, this chapter,
the terms and conditions of the permits and orders of the Department.
(d) The publication of a Reclamation Stage I
bond release request will be considered a request for final bond release for
the purpose of public notice.
(e)
The release of a bond by the Department does not constitute a waiver or release
of other liability provided in law, nor does it abridge or alter rights of
action or remedies of persons or municipalities existing in equity, or under
criminal and civil common or statutory law.
Notes
The
provisions of this § 77.243 adopted March 16, 1990, effective
3/17/1990, 20 Pa.B. 1643;
amended January 30, 1998, effective 1/31/1998, 28 Pa.B.
619.
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
bonds); 25 Pa. Code §
77.241 (relating to scope); 25 Pa.
Code §
77.242 (relating to procedures for
seeking release of bond); 25 Pa. Code §
77.253 (relating to procedures);
and 25 Pa. Code §
92a.76 (relating to cessation of
discharge).
