(a) The
Department will not release any portion of the liability under bonds applicable
to a permit area or designated phase of a permit area until it finds that the
permittee has complied with §§
86.171,
86.172 and
86.174 (relating to procedures for
seeking release of bond; criteria for release of bond; and standards for
release of bonds).
(b) The amount of
bonds applicable to a permit area or designated phase of a permit area which
may be released shall be calculated on the following basis:
(1) Release of an amount not to exceed 60% of
the total bond amount on the permit area or designated phase of a permit area
upon completion and approval by the Department of Stage 1
reclamation.
(2) Release of an
additional amount of bond on the permit area or designated phase of a permit
area upon completion and approval by the Department of Stage 2 reclamation but
retaining an amount of bond coverage sufficient to cover the cost of
reestablishing vegetation and reconstructing drainage structures if completed
by a third party and for the period specified for permit liability in §
86.151 (relating to period of
liability).
(3) Release of the
remaining portion of the total bond on the permit area or designated phase of a
permit area after standards of Stage 3 reclamation have been
attained.
Notes
The
provisions of this § 86.175 adopted June 15, 1990, 20 Pa.B. 3383,
effective 7/27/1991, 21 Pa.B.
3316; amended December 15, 1995, effective 12/16/1995, 25 Pa.B. 5821; amended November
14, 1997, effective 11/15/1997,
27 Pa.B. 6041.
The provisions of this § 86.175 amended under
the Surface Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19a); the Bituminous
Mine Subsidence and Land Conservation Act (52 P. S. §§
1406.1-1406.21); The Clean Streams
Law (35 P. S. §§
691.1-691.1001); and section 1920-A
of The Administrative Code of 1929 (71 P. S. §
510-20).
This section cited in 25 Pa. Code §
86.162b (relating to Land
Reclamation Financial Guarantees); 25 Pa. Code §
86.172 (relating to criteria for
release of bond); 25 Pa. Code §
86.284 (relating to forfeiture);
25 Pa. Code §
86.294 (relating to uses and
limitations); and 25 Pa. Code §
92a.76 (relating to cessation of
discharge).
