§ 77.243. Criteria and schedule for release of bond.
(a) A bond release or release from payment in lieu of a bond applicable to a permit area or designated phase of a permit area shall be released as follows:
(1) Up to 90% of the total amount of bond attributable to that portion of reclamation completed shall be released upon completion and approval by the Department for Reclamation Stage I.
(2) The balance shall be released for the entire permit area or designated phase of permit upon Department approval of Reclamation Stage II liability period.
(b) For the purposes of this section the following apply:
(1) Reclamation Stage I shall be deemed to have been completed when:
(i) The permittee completes backfilling, regrading and drainage control in accordance with the approved reclamation plan.
(ii) Topsoil has been replaced and revegetation has been established in accordance with the approved reclamation plan and the standards for the success of revegetation are met.
(iii) The lands have been stabilized to prevent accelerated erosion and sedimentation under Chapter 102 (relating to erosion control).
(iv) The permittee has successfully completed mining and reclamation operations in accordance with the approved reclamation plan, so that the land is capable of supporting postmining land use approved under § 77.653 (relating to postmining land use).
(v) The permittee has achieved compliance with the requirements of the environmental acts, this chapter and the conditions of the permits.
(2) Reclamation Stage II shall be deemed to be complete when the applicable liability period under § 77.204 (relating to period of liability) has expired.
(c) The Department will not release a bond amount deposited, or reduce the payment in lieu of bond if the release would reduce the total remaining amount of bond to an amount which would be insufficient for the Department to complete reclamation and to take measures that may be necessary to prevent adverse effects upon the environment or public health, safety or welfare under the environmental acts, the act, this chapter, the terms and conditions of the permits and orders of the Department.
(d) The publication of a Reclamation Stage I bond release request will be considered a request for final bond release for the purpose of public notice.
(e) The release of a bond by the Department does not constitute a waiver or release of other liability provided in law, nor does it abridge or alter rights of action or remedies of persons or municipalities existing in equity, or under criminal and civil common or statutory law.
Source The provisions of this § 77.243 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial pages (198714) to (198715).
Cross References This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 77.195 (relating to Department responsibilities); 25 Pa. Code § 77.205 (relating to bond adjustments); 25 Pa. Code § 77.229 (relating to replacement bonds); 25 Pa. Code § 77.241 (relating to scope); 25 Pa. Code § 77.242 (relating to procedures for seeking release of bond); 25 Pa. Code § 77.253 (relating to procedures); and 25 Pa. Code § 92a.76 (relating to cessation of discharge).
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