25 Pa. Code § 90.309 - Criteria and schedule for release of bonds on pollution abatement areas
(a) The Department
will release up to 50% of the amount of bond for the authorized pollution
abatement area if the applicant demonstrates and the Department finds the
following:
(1) The coal refuse disposal
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, grading, installing the water impermeable cover and drainage
control in accordance with 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 groundwater
and surface water monitoring conducted by the permittee under §
90.306(a)(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 the pollution abatement area.
(b) The Department will release up to an
additional 35% of the 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 the following:
(1) The operator has replaced the topsoil or
material conserved under §
90.97 (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 §
90.305(a)(5)
(relating to application approval or denial).
(2) The operator has not caused or
contributed to groundwater or surface water pollution by reaffecting the
pollution abatement area.
(3) The
operator has achieved the following standards:
(i) Achieved the actual improvement of the
baseline pollution load described in the approved pollution abatement plan as
shown by groundwater 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 for success in §
90.305(a)(5).
(ii) Achieved the following:
(A) At a minimum has not caused degradation
of the baseline pollution load as shown by groundwater and surface water
monitoring conducted by the operator or the Department for one of the
following:
(I) For 12 months from the date of
initial bond release under subsection (a), if backfilling, final grading,
drainage control, placement of impermeable cover, topsoiling and establishment
of revegetation to achieve the standard of success for revegetation in §
90.305(a)(5) have
been completed.
(II) If treatment
has been initiated at any time after initial bond release under subsection (a)
and §
90.307(e)
(relating to treatment of discharges), for 12 months from the date of
discontinuance of treatment under §
90.307(d), if
backfilling, final grading, drainage control, placement of impermeable cover,
topsoiling and establishment of revegetation to achieve the standard of success
for revegetation in §
90.305(a)(5) have
been completed.
(B)
Conducted all 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 and the elimination of public health and
safety problems by engaging in coal refuse disposal activities 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
operator demonstrates and the Department finds the following:
(1) The operator has successfully completed
the approved pollution abatement and reclamation plans, and the pollution
abatement area is capable of supporting the postdisposal land use approved
under §
90.166 (relating to postdisposal
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 §
90.307(e) for 5
years from the discontinuance of treatment under §
90.307(d).
(4) The applicable liability period has
expired under §
86.151 (relating to period of
liability).
Notes
The provisions of this § 90.309 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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