25 Pa. Code § 77.253 - Procedures
(a) If forfeiture
of the bond is required, the Department will:
(1) Send written notification by registered
or certified mail to the permittee, the surety on the bond and the bank issuing
a letter of credit of the Department's determination to forfeit the bond and
the reasons for the forfeiture.
(2)
Advise the permittee and surety of the right to appeal to the EHB under section
4 of the Environmental Hearing Board Act (35 P. S. §
7514) and
2
Pa.C.S. §§
501-508 and
701-704 (relating to the
Administrative Agency Law).
(3)
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 under Chapter 1021 (relating to practice and procedures) is not
filed, or if an appeal is filed, and if the appeal is
unsuccessful.
(b) The
written determination to forfeit the bond, including the reasons for
forfeiture, will be a final decision by the Department.
(c) The Department will forfeit a bond
deposited for a permit area, including designated phases of a permit area and
amended permit areas, except for a portion of bond which has been released as
provided in §§
77.241-77.243 (relating to release of
bonds).
(d) If the Department
declares a collateral bond forfeited, it will pay, or direct the State
Treasurer to pay, the collateral funds into the Noncoal Surface Mining
Conservation and Reclamation Fund. If upon proper demand and presentation, the
banking institution or other person or municipality which issued the collateral
refuses to pay the Department the proceeds of a collateral undertaking, such as
a certificate of deposit, letter of credit or government negotiable bond, the
Department will take appropriate steps to collect the proceeds.
(e) If the Department declares a surety bond
forfeited, it will certify the same to the Office of Attorney General which
will enforce and collect the amount forfeited and pay it into the Noncoal
Surface Mining Conservation and Reclamation Fund.
(f) Funds received from the forfeiture of
bonds, both surety and collateral, will be expended by the Secretary for
reclaiming and planting the area of land affected by the operation upon which
liability was charged on the bond, if the Secretary determines the expenditure
to be reasonable, necessary and physically possible. Funds received from the
forfeited bonds in excess of the amount that is required to reclaim and plant
the area of land affected by the operation upon which liability was charged,
and funds received from bond forfeitures where reclamation and planting is
determined to be unreasonable, unnecessary or physically impossible, may be
used by the Secretary for a purpose provided by law.
(g) The Department's declaration of
forfeiture under this section does not excuse the operator from meeting the
requirements of this chapter or other requirements under the
act.
Notes
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