§ 77.195. Department responsibilities.
(a) The Department will prescribe and furnish the forms for filing bonds.
(b) The Department will prescribe terms and conditions for bonds and insurance.
(c) The Department will establish bonding amount rate guidelines based on the estimated cost to the Department for completing the reclamation requirements of the permittee under the act, this chapter and the conditions of the permit. The guidelines shall be reviewed and, if necessary, revised by the Department annually to reflect the current cost of reclamation to the Department. The Department may consider fees, or other sources of money paid by the permittee and dedicated for reclamation of defaulted permit areas in determining bonding guidelines.
(d) The Department will determine the amount of the bond required for the permit areas, including adjustments to the initial amount from time to time as land acreages in the permit area are revised, costs to the Department of reclamation change or when other relevant conditions change, according to the minimum requirements of § 77.202 (relating to determination of bond amount).
(e) A bond shall be reviewed for legality and form according to established procedures.
(f) The Department will release the permittee from bond and insurance requirements as provided in § § 77.241—77.243 (relating to release of bonds).
(g) The Department will cause a bond to be forfeited as provided in § § 77.251—77.254 (relating to bond forfeiture).
Source The provisions of this § 77.195 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
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