(a) The
Department may release all or part of a bond under §
86.175 (relating to schedule for
release of bond) if it is satisfied that the entire permit area or portion of a
permit area has been reclaimed to the standards in §
86.174 (relating to standards for
release of bonds).
(b) The release
or adjustment of a bond or portion of a bond does not relieve the operator of
further reclamation liability on the permit area.
(c) The Department will not release or adjust
bonds if the release or adjustment would reduce the amount of bond to less than
that necessary for the Department to complete the approved reclamation plan;
achieve compliance with requirements of the acts, regulations thereunder and
the conditions of the permits; and abate significant environmental harm to air,
water or land resources or danger to the public health and safety which may
occur prior to the release of bonds from the permit area. When the permit
includes an alternative postmining land use plan approval under §
87.159, §
88.133, §
88.221, §
88.334, §
88.492, §
89.88 or §
90.166, the Department will retain
sufficient bond amounts for the Department to complete additional work which
would be required to achieve compliance with the general standards for
revegetation in §
87.155, §
88.129, §
88.217, §
88.330, §
88.492, §
89.86 or §
90.159, if the permittee fails to
implement the approved alternative postmining land use
plan.
Notes
The
provisions of this § 86.172 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 January 4, 1985, effective immediately upon the approval by the
Secretary of the United States Department of the Interior and publication
thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20
Pa.B. 3383, effective 7/27/1991,
21 Pa.B. 3316.
This section cited in 25 Pa. Code §
86.145 (relating to Department
responsibilities); 25 Pa. Code §
86.152 (relating to adjustments);
25 Pa. Code §
86.159 (relating to self-bonding);
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 §
86.166 (relating to replacement of
bonds); 25 Pa. Code §
86.170 (relating to scope); 25 Pa.
Code §
86.171 (relating to procedures for
seeking release of bond); 25 Pa. Code §
86.175 (relating to schedule for
release of bond); 25 Pa. Code §
86.182 (relating to procedures);
25 Pa. Code §
86.283 (relating to procedures);
25 Pa. Code §
86.284 (relating to forfeiture);
25 Pa. Code §
86.294 (relating to uses and
limitations); 25 Pa. Code §
87.208 (relating to request for
bond release); 25 Pa. Code §
88.508 (relating to request for
bond release); 25 Pa. Code §
90.308 (relating to request for
bond release); and 25 Pa. Code §
92a.76 (relating to cessation of
discharge).
