§ 77.242. Procedures for seeking release of bond.
(a) Release of bond. The permittee may file an application with the Department for release of all or part of the bond liability applicable to a permit or designated phase of a permit area after reclamation, restoration and abatement work in a reclamation stage, as defined in § 77.243 (relating to criteria and schedule for release of bond), has been completed on the permit area or designated phase of a permit area, subject to the following conditions:
(1) Applications may be filed only at times or seasons that allow the Department to properly evaluate the reclamation operations reported to have been completed.
(2) Within 60 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by subsection (b). The proof of publication shall be considered part of the bond release application. If the proof of publication is not received within 60 days after filing the application for release of bond, the application will be considered incomplete and the Department may return the application with no further action.
(b) Newspaper advertisement of application. At the time of filing an application under this section, the permittee shall advertise the filing of the application in a newspaper of general circulation in the locality of the permit area. The advertisement shall:
(1) Be placed in the newspaper at least once a week for 4 consecutive weeks.
(2) Show the name of the permittee, including the number and date of issuance or renewal of the permit.
(3) Identify the location and the number of acres of the lands subject to the application.
(4) State the total amount of bond in effect for the permit area and the amount for which release is sought.
(5) Summarize the reclamation completed.
(c) Surface landowners. The application for bond release shall include copies of letters to the affected surface landowners notifying the surface landowners of the request for bond release.
(d) Objections to proposed bond release. Written objections to the proposed bond release and requests for a public hearing or an informal conference may be filed with the Department, by persons having an interest that is or may be adversely affected, within 30 days following the last advertisement of the filing of the application.
(e) Inspection of reclamation work. The Department will inspect and evaluate the reclamation work involved within 30 days after receiving a completed application for bond release, or as soon thereafter as possible.
(f) Public hearing. The Department will schedule a public hearing or informal conference if written objections are filed and a public hearing or informal conference is requested. The public hearing or informal conference shall be held in the locality of the permit area for which bond release is sought.
(1) Notice of a public hearing or informal conference shall be published in a newspaper of general circulation in the locality of the public hearing or informal conference, at least 2 weeks before the date of the public hearing or conference.
(2) The public hearing or informal conference will be held within 30 days from the date of the notice.
(3) An electronic or stenographic record may be made of the public hearing or informal conference and the record maintained for access by the parties, until final release of the bond, if requested in advance by a party in the public hearing or informal conference.
(g) Review by Department. Department review and decision will be as follows:
(1) The Department will consider, during inspection, evaluation and public hearing or informal conference decisions:
(i) Whether the permittee has met the criteria for release of the bond under § 77.243.
(ii) Whether the permittee has satisfactorily completed the requirements of the reclamation plan, or relevant portions thereof, and complied with the requirements of the act, this chapter, and the conditions of the permit.
(iii) Whether pollution of surface and subsurface water is occurring or the continuance of present pollution, and the estimated cost of abating pollution.
(2) If a public hearing or informal conference has not been held under subsection (f), the Department will notify the permittee in writing of its decision to release or not to release all or part of the bond.
(3) If there has been a public hearing or informal conference held, the notification of the decision shall be made to the permittee, and other interested parties, within 30 days after conclusion of the public hearing or informal conference.
(4) The notice of the decision will state the reasons for the decision, recommend corrective actions necessary to secure the release and notify the permittee and interested parties of the right to file an appeal to the decision with the EHB. An appeal shall be filed with the EHB under section 4 of the Environmental Hearing Board Act (35 P.S. § 7514) and Chapter 1021 (relating to practice and procedures).
Source The provisions of this § 77.242 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (352572) to (352574).
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 of bonds); 25 Pa. Code § 77.241 (relating to scope); 25 Pa. Code § 77.253 (relating to procedures); and 25 Pa. Code § 92a.76 (relating to cessation of discharge).
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