(a) No new,
revised or renewed permit to conduct mining or reclamation operations will be
issued by the Department before the applicant for the permit has filed with the
Department a bond upon a form provided by the Department payable to the
Department, and the bond has been approved by the Department. The bond shall be
conditioned upon the faithful performance of the requirements of the acts and
regulations thereunder, the reclamation plan and the conditions of the
permit-including amendments, revisions and changes to the acts, the
regulations, the reclamation plan and the conditions of the permit-as may
hereinafter be lawfully made. The amount, duration, form, conditions and terms
of the bond shall conform to the requirements in this subchapter.
(b) An operator may not disturb surface
acreage or extend or develop underground shafts, tunnels or operations, except
for coal exploration permitted under Subchapter E (relating to coal
exploration), prior to receipt of approval from the Department of a bond and
issuance of a permit covering the surface acreage to be affected.
(c) Liability on the bond shall cover mining
and reclamation operations and other activities conducted within the permit
area, and effects resulting from the mining of the permit area, including
amendments thereof, during the course of mining activities and continuing for a
period of time as provided in this subchapter. If more than one bond instrument
is filed with the Department to satisfy the requirements of this subchapter for
a given permit, then all bond instruments, no matter when the instruments were
filed, apply to the entire permit area. Liability upon each bond applies to the
entire permit area.
Notes
The
provisions of this § 86.143 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B.
3316.
This section cited in 25 Pa. Code §
86.17 (relating to permit and
reclamation fees); 25 Pa. Code §
86.37 (relating to criteria for
permit approval or denial); 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 §
86.281 (relating to financial
guarantees to insure reclamation-general); and 25 Pa. Code §
86.294 (relating to uses and
limitations).
