25 Pa. Code § 86.145. Department responsibilities.

§ 86.145. 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 law, the regulations and the conditions of the permit considering the factors listed in §  86.149(b) (relating to determination of bond amount). 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, fines 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 §  86.149.
(e)  Bonds shall be reviewed for legality and form according to established procedures.
(f)  The Department will release the permittee from his bond and insurance requirements as provided in § §  86.170—86.172 (relating to scope; procedures for seeking release of bond; and criteria for release of bond).
(g)  The Department will cause a bond to be forfeited as provided in § §  86.180—86.182 and 86.185—86.190.

Source

   The provisions of this §  86.145 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148537) to (148538).

Cross References

   This section cited in 25 Pa. Code §  86.17 (relating to permit and reclamation fees); and 25 Pa. Code §  86.149 (relating to determination of bond amount).

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