25 Pa. Code § 86.162c - Bioenergy Crop Bonding
(a) A permit is
eligible for Bioenergy Crop Bonding at no cost to a surface mining permittee if
the applicant demonstrates the following:
(1)
The site is a remining site as defined in §
86.252 (relating to
definitions).
(2) Stage 2 bond
release has been achieved at the remining site.
(3) The bioenergy crops listed in
subparagraph (i) or (ii) have been grown at the remining site:
(i) Switchgrass, camelina or
canola.
(ii) Other bioenergy crops
grown to produce feedstock for biofuels, including biodiesel and ethanol, and
biomass for electricity generation.
(4) Water treatment liability has not been
triggered under Chapter 87, Subchapter F, Chapter 88, Subchapter G or Chapter
90, Subchapter F (relating to surface coal mines: minimum requirements for
remining areas with pollutional discharges; anthracite surface mining
activities and anthracite bank removal and reclamation activities: minimum
requirements for remining areas with pollutional discharges; and coal refuse
disposal activities on areas with preexisting pollutional
discharges).
(b) An
application for Bioenergy Crop Bonding must provide the following:
(1) Verification that the entire permitted
area has achieved Stage 2 bond release consistent with §
86.174(b)
(relating to standards for release of bonds).
(2) A demonstration that the crops grown are
bioenergy crops.
(3) Crop yield
data that demonstrates that the bioenergy crops are achieving acceptable crop
production.
(4) A demonstration
that all temporary structures have been reclaimed.
(5) A demonstration that there are no
post-mining pollutional discharges or that all liability associated with
post-mining pollutional discharges is fully covered with a full-cost bond or a
fully-funded post-mining treatment trust.
(6) Acknowledgement that the permittee
intends to apply for final release of the Bioenergy Crop Bonding in a timely
manner.
(c) Upon approval
of a Bioenergy Crop Bonding application, the Department will release the
existing bond held for Stage 3 liability.
(d) The liability period under Bioenergy Crop
Bonding may not exceed 5 years. Permits with a liability period greater than 5
years because of the risk of water pollution under §
86.151(b)(1) and
(c) (relating to period of liability) are not
eligible for Bioenergy Crop Bonding.
(e) Bioenergy Crop Bonding for a permit will
expire no later than 120 days after the expiration of the 5-year liability
period.
(f) Bioenergy Crop Bonding
will be replaced if the final bond release is not achieved upon the expiration
of Bioenergy Crop Bonding.
Notes
The provisions of this § 86.162c issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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