25 Pa. Code § 86.283 - Procedures
(a) An operator's
participation in the financial guarantees program is subject to the following:
(1) Annual payments will be 1% of the total
amount of the remining financial guarantee.
(2) The first payment is due upon receipt of
notice of the Department's approval of the operator's application to
participate in the program. Payments shall be made annually thereafter
concurrent with the license renewal or in accordance with a schedule determined
by the Department.
(3) Payments are
not refundable and will be deposited into the financial guarantees special
account in the Remining Financial Assurance Fund to be used in case of operator
forfeiture. When the special account becomes actuarially sound, excess payments
may be used under section 18(a.1) and (a.2) of the act (52 P. S. §
1396.18(a.1) and (a.2)).
(4) The operator may not substitute financial
guarantees for existing collateral or surety bonds.
(b) The operator is responsible for making
the annual payment as calculated by the Department, until the amount of the
bond is reduced or released in accordance with §§
86.170-86.172 (relating to scope;
procedures for seeking release of bond; and criteria for release of
bond).
(c) An operator approved to
participate in the financial guarantees program is not required to pay the per
acre reclamation fee required by §
86.17(e)
(relating to permit and reclamation fees) for the remining area.
(d) The Department will issue a letter to the
operator specifying the amount of money in the financial guarantees special
account in the Remining Financial Assurance Fund allocated as financial
assurance for the operator's reclamation obligations on the remining area. A
copy of the letter will be kept in the operator's permit application
file.
(e) The obligation covered by
the financial guarantees program bond will be reduced or released prior to any
other bond submitted by the operator to cover the reclamation obligations of
that permit.
(f) If a discharge not
meeting the effluent criteria in §
87.102, §
88.92, §
88.187, §
88.292, §
89.52 or §
90.102 develops on a permit on
which a financial guarantee is being used, the operator shall within 90 days of
receipt of written notice by the Department replace the financial guarantee
with other types of financial assurance mechanisms authorized for the purpose
of covering the costs of treating the discharge. If an acceptable bond has not
been received and approved by the Department within the specified time limit,
the Department will issue a cessation order for mining activities except for
reclamation and other activities required to maintain the permit
area.
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