§ 77.193. Requirement to file a bond.
(a) A new, revised or renewed permit to conduct mining or reclamation operations, or permission to expand mining or reclamation operations within a permit area which has been limited to a portion or phase of the entire permit area will not be issued by the Department before the applicant for the permit or phase approval has filed with the Department a bond upon a form provided by the Department payable to the Department, and the bond has been approved by the Department. The bond will be conditioned upon the faithful performance of the requirements of the act, the environmental acts, this title, orders of the Department, the reclamation plan and the conditions of the permit. The amount, duration, form, conditions and terms of the bond shall conform to the requirements of this chapter.
(b) An operator may not disturb surface acreage or extend operations prior to receipt of approval from the Department of a bond and issuance of a permit or incremental phase approval covering the surface acreage to be affected.
(c) Liability on the bond shall be limited to the specific bonded area except where there are adverse hydrologic impacts. When there are adverse hydrologic impacts the Department will not release liability for a bonded area which is, in the Department’s best conservative judgment, hydrologically connected to the adverse hydrologic impact.
(d) The Department may allow the bond liability for parts of a highwall to be transferred to a subsequent bonded area in relation to the progress of the highwall. The transfer of liability will not be considered a bond release.
Source The provisions of this § 77.193 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
Cross References This section cited in 25 Pa. Code § 77.126 (relating to criteria for permit approval or denial); and 25 Pa. Code § 77.572 (relating to permit line setback).
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