25 Pa. Code § 87.209 - Criteria and schedule for release of bonds on pollution abatement areas
(a) The Department
will release up to 60% of the amount of bond for the authorized pollution
abatement area if the applicant demonstrates and the Department finds that:
(1) The surface coal mining activities were
conducted on the permit area, including the pollution abatement area, under the
requirements of the permit and the authorization, Chapter 86 (relating to
surface and underground coal mining: general) and this chapter except as
specifically modified by this subchapter.
(2) The operator has satisfactorily completed
backfilling, regrading and drainage control under the approved reclamation
plan.
(3) The operator has properly
implemented each step of the pollution abatement plan approved and authorized
under this subchapter.
(4) The
operator has not caused degradation of the baseline pollution load at any time
during the 6 months prior to the submittal of the request for bond release
under this subsection and until the bond release is approved as shown by all
ground and surface water monitoring conducted by the permittee under §
87.206(1)
(relating to operational requirements) or conducted by the
Department.
(5) The operator has
not caused or contributed to surface water pollution or groundwater degradation
by reaffecting or mining the pollution abatement area.
(b) The Department will release an additional
amount of bond for the authorized pollution abatement area but retain an amount
sufficient to cover the cost to the Department of re-establishing vegetation if
completed by a third party if the operator demonstrates and the Department
finds that:
(1) The operator has replaced the
topsoil or material conserved under §
87.97(d)
(relating to topsoil: removal), completed final grading, planting and
established revegetation under the approved reclamation plan and achieved the
standards of success for revegetation in §
87.205(a)(5)
(relating to approval or denial).
(2) The operator has not caused or
contributed to surface water pollution or groundwater degradation by
reaffecting or mining the pollution abatement area.
(3) The operator has complied with one of the
following:
(i) Achieved the actual improvement
of the baseline pollution load described in the approved pollution abatement
plan as shown by ground and surface water monitoring conducted by the permittee
for the time provided in the pollution abatement plan after completion of
backfilling, final grading, drainage control, topsoiling and establishment of
revegetation to achieve the standard of success for revegetation in §
87.205(a)(5).
(ii) Achieved the following:
(A) At a minimum has not caused degradation
of the baseline pollution load as shown by ground and surface water monitoring
conducted by the operator or the Department for one of the following:
(I) For the 12 months prior to the date of
application for bond release and until the bond release is approved under
subsection (b), if backfilling, final grading, drainage control, topsoiling and
establishment of revegetation to achieve the standard of success for
revegetation in §
87.205(a)(5) have
been completed.
(II) If treatment
has been initiated at any time after initial bond release under subsection (a)
and §
87.207(e)
(relating to treatment of discharges), for 12 months from the discontinuance of
treatment under §
87.207(d), if
backfilling, final grading, drainage control, topsoiling and establishment of
revegetation to achieve the standard of success for revegetation in §
87.205(a)(5) have
been completed.
(B)
Conducted the measures provided in the approved pollution abatement plan and
additional measures specified by the Department in writing at the time of
initial bond release under subsection (a) for the area requested for bond
release.
(C) Caused aesthetic or
other environmental improvements or the elimination of public health and safety
problems by remining and reaffecting the pollution abatement area.
(D) Stabilized the pollution abatement
area.
(c) The Department will release the remaining
portion of the amount of bond on the authorized pollution abatement area if the
applicant demonstrates and the Department finds that:
(1) The operator has successfully completed
the approved pollution abatement and reclamation plans, and the pollution
abatement area is capable of supporting the postmining land use approved under
§
87.159 (relating to postmining
land use).
(2) The operator has
complied with the permit and the authorization, Chapter 86 and this chapter,
except as specifically modified by this subchapter.
(3) The operator has not caused degradation
of the baseline pollution load from the time of bond release under subsection
(b) or, if treatment has been initiated after bond release under subsection (b)
in accordance with §
87.207(e) for 5
years from the discontinuance of treatment under §
87.207(d).
(4) The applicable liability period has
expired under §
86.151 (relating to period of
liability).
Notes
The provisions of this § 87.209 amended 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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