(a) The
amount of bond required and the terms of the acceptance of the applicant's bond
will be adjusted by the Department from time to time as the area requiring bond
coverage is increased or decreased, or when the cost of future reclamation
changes, or when the projected subsidence damage repair liability changes. The
Department may specify periodic times or set a schedule for reevaluating and
adjusting the bond amount to fulfill this requirement. This requirement shall
only be binding upon the permittee and does not compel a third party, including
surety companies, to provide additional bond coverage and does not extend the
coverage of a subsidence bond beyond the requirements imposed by sections 5,
5.4, 5.5 and 5.6 of the Bituminous Mine Subsidence and Land Conservation
Act.
(b) A permittee may request
reduction of the required bond amount upon submission of evidence to the
Department that warrants a reduction of the bond amount by proving that the
permittee's method of operation or other circumstances will reduce the maximum
estimated cost to the Department to complete the reclamation, restoration or
abatement responsibilities.
(c) Bond
adjustments which involve unaffected portions of a permit area upon which no
reclamation liability has been incurred or permits that have not been activated
and upon which no reclamation liability has been incurred, and bond adjustments
which are based on revisions of the cost estimates of reclamation, are not
subject to the procedures of §§
86.170-
86.172 (relating to scope;
procedures for seeking release of bond; and criteria for release of bond),
except as provided in §
86.172(b) and
(c).
(d) The Department will notify the permittee,
the surety and any person with a property interest in collateral who has
requested the notification, of any proposed adjustment to the bond amount. The
Department will also provide the permittee an opportunity for an informal
conference on the adjustment.
Notes
The
provisions of this § 86.152 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; amended November 14,
1997, effective 11/15/1997, 27
Pa.B. 6041; amended November 28, 1997, effective
11/29/1997, 27 Pa.B. 6186;
amended October 21, 2005, effective 10/22/2005, 35 Pa.B.
5775.
The provisions of this § 86.152 amended under
the authority of section 7 of The Bituminous Mine Subsidence and Land
Conservation Act (52 P.S. §
1406.7);
section 5 of The Clean Streams Law (35 P.S. §
691.5); section 4.2 of the Surface Mining
Conservation and Reclamation Act (52 P.S. §
1396.4b); section 3.2 of the Coal Refuse
Disposal Control Act (52 P.S. §
30.53b); and section 1920-A of The
Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
86.148 (relating to scope); 25 Pa.
Code §
86.151 (relating to period of
liability); 25 Pa. Code §
86.161 (relating to phased
deposits of collateral); 25 Pa. Code §
86.165 (relating to failure to
maintain proper bond); 25 Pa. Code §
87.119a (relating to hydrologic
balance: water rights and replacement); and 25 Pa. Code §
88.107a (relating to hydrologic
balance: water rights and
replacement).
