(a) To participate in the remining and
reclamation incentives program established by this subchapter, a coal mining
operator shall demonstrate that:
(1) The
operator holds a valid coal mining license issued under section
3.1 of the act (
52 P. S. §
1396.3a).
(2) The operator, a related party, a person
who owns or controls the operator or a person who is owned or controlled by the
operator, satisfies the requirements of §
86.37(a)(8)-(11) and
(16) (relating to criteria for permit
approval or denial).
(3) The
operator, a related party, a person who owns or controls the operator or a
person who is owned or controlled by the operator, has no liability for
reclamation or pollution at the proposed abandoned mine site.
(4) The operator's past history of compliance
with environmental laws does not indicate a lack of intention or ability to
comply with those laws or the regulations promulgated thereunder.
(b) For a project to be approved
for reclamation under the remining and reclamation incentives program, the
operator shall demonstrate that:
(1) The
proposed activity is technologically and economically feasible at the proposed
abandoned mine lands site and will not result in a violation of applicable
effluent limitations or water quality standards.
(2) When applicable, the operator has
submitted a mining permit application to the Department clearly indicating
which areas the operator intends to remine and which areas, if any, are to be
mined for the first time.
(3) When
applicable, the operator has accurately calculated the amount of bond that
would be needed to cover the area to be remined and the amount needed to cover
the initial area of remining.
(4)
The operator has the right to enter onto and affect the property and, if
applicable, the right to remove structures or materials, including soil, spoil,
rock, coal or coal refuse.
