§ 86.189. Reclamation of bond forfeiture sites.
(a) The Department will first provide for the reclamation of bond forfeiture sites where permits were issued under the Federally-approved coal surface mining regulatory program which took effect July 31, 1982, and where bonds under the permits were subsequently forfeited by the Department. After the Department provides for reclamation of these sites, the Department will provide for the reclamation of other bond forfeiture sites.
(b) The Department will provide for reclamation of bond forfeiture sites through one of the following:
(1) The Department may provide for reclamation to be conducted under the public bidding and contracting requirements of the Commonwealth under the site evaluation procedure in § 86.188 (relating to evaluation of bond forfeiture sites). Under this approach, the Department will advertise for bids for reclamation of the bond forfeiture site in a newspaper of general circulation in the locality in which the work is to take place. The advertisement will appear once a week for a minimum of 2-consecutive weeks. In advertising for bids, the Department may consider various construction methods for bidding, including the rental of equipment with equipment operators to be supervised by the Department during completion of the reclamation plan.
(2) Based on an engineering cost estimate for completing the approved reclamation plan of the licensed mine operator whose bonds were forfeited for the reclamation site, the Department may negotiate and enter into a contract with the landowner of a bond forfeiture site or another licensed mine operator to complete the reclamation of a bond forfeiture site advertised for bids under paragraph (1). The Department will give public notice of the intent to reclaim sites selected by the Department to be advertised for public bids under paragraph (1) in a newspaper of general circulation in the locality in which the work is to take place. The public notice will appear once a week for a minimum of 2 consecutive weeks and may be combined with the notice in paragraph (1). Payments to a person to whom the Department has granted a contract under this paragraph will be made to the extent of the appropriate compensation provisions according to a payment schedule to be established by the Department. The final payment will be made when the Department is satisfied that the person has completed reclamation of the site in accordance with the approved reclamation plan and as specified in the contract.
(i) The Department will compensate landowners of bond forfeiture sites at a rate equal to the lesser of one of the following:
(A) The Department’s engineering cost estimate for the site.
(B) The prevailing bond rate.
(ii) The Department will compensate licensed mine operators at a rate equal to the lesser of one of the following:
(A) The Department’s engineering cost estimate for the site.
(B) The prevailing bond rate.
(3) When a licensed mine operator is granted a permit or has filed a permit application on property contiguous to a property on which the Department has forfeited bonds for failure to complete the reclamation plan, the permittee shall be provided the opportunity to make a proposal to complete the reclamation plan of the bond forfeiture site developed under § 86.187 (relating to use of money).
(i) The proposal shall contain estimated costs and the necessary information upon which the Department can determine the cost effectiveness of the proposal. Upon receipt of the proposal, the Department may negotiate and enter into a contract with the permittee to complete the reclamation plan. A determination whether to negotiate will be made by the Department within 30 days of receipt of a complete proposal. Contract negotiations will begin within 30 days of the determination to negotiate.
(ii) Payments to a person with whom the Department has entered into a contract under this paragraph will be made to the extent of the appropriate compensation provisions according to a payment schedule to be established by the Department, and the final payment will be made when the Department is satisfied that the person has completed reclamation of the site in accordance with the approved reclamation plan and as specified in the contract. The Department will compensate licensed mine operators at a rate equal to the lesser of one of the following:
(A) The Department’s engineering cost estimate for the site.
(B) The prevailing bond rate.
(4) Under cooperative agreements among the Department, the State Conservation Commission and the County Conservation District in which the bond forfeiture site is located, the District may enter into a contract with the landowner of the bond forfeiture site to reclaim the site.
(i) The landowners of bond forfeiture sites will be compensated at a rate equal to the lesser of one of the following:
(A) The Department’s engineering cost estimate for the site.
(B) The amount of the forfeited and collected bond.
(ii) The District may also compensate landowners for the reasonable cost of insurance required for landowner reclamation and the design and engineering costs incurred by the landowner in the incidental modification of the reclamation plan, subject to approval by the Department.
(c) The Department will not enter into a reclamation contract under this section with a person unless the person demonstrates the following to the satisfaction of the Department:
(1) Neither the person nor a related party has been convicted of a misdemeanor within the last 3 years for violating The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66), the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21), the Air Pollution Control Act (35 P. S. § § 4001—4015), the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003) or the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27).
(2) For bond forfeiture sites for which permits were issued under the Federally-approved surface coal mining regulatory program which took effect July 31, 1982, the proposed reclamation plan will result in reclamation of the site in a manner consistent with The Clean Streams Law and the regulations promulgated thereunder for active surface coal mining operations, as specified in the contract, and the Surface Mining Conservation and Reclamation Act and the regulations promulgated thereunder for active surface coal mining operations.
(3) For bond forfeiture sites for which the bonds were declared forfeit on or after May 3, 1978, and for which permits were not issued under the Federally-approved surface coal mining regulatory program which took effect July 31, 1982, the proposed reclamation plan will result in reclamation of the site in a manner that is consistent with the interim Federal program regulations first published at 42 FR 62639 (December 13, 1977), as well as The Clean Streams Law and the regulations promulgated thereunder in effect at the time the bonds were declared forfeit, as specified in the contract, and the Surface Mining Conservation and Reclamation Act and the regulations promulgated thereunder in effect at the time the bonds were declared forfeit. If the Department’s permit files for the site clearly show that surface mining activities on the site occurred before August 3, 1977, the proposed reclamation plan may be consistent with paragraph (4).
(4) For bond forfeiture sites for which the bonds were declared forfeit before May 3, 1978, the proposed reclamation plan will result in reclamation of the site in a manner that is consistent with The Clean Streams Law and the regulations promulgated thereunder that were applicable to active surface coal mining operations at the time the bonds were declared forfeit, as specified in the contract, and the Surface Mining Conservation and Reclamation Act and the regulations that were promulgated thereunder at the time the bonds were declared forfeit.
(5) Except in the case of a landowner of a bond forfeiture site under subsection (b)(2) and (4), the person shall demonstrate the following:
(6) Except in the case of a landowner of a bond forfeiture site under subsection (b)(2) and (4) the person shall demonstrate the following:
(i) Neither the person nor a related party has a legal obligation to correct the present conditions at the site.
(ii) The person meets the requirements of § 86.37(a)(8)—(11) (relating to criteria for permit approval or denial).
(d) Prior to advertising a project for bids under subsection (b)(1) or to entering into negotiations with the landowner or licensed mine operator under subsection (b)(2), or upon receipt of an unsolicited proposed contract from a licensed mine operator under subsection (b)(3), the Department will publish notice in the Pennsylvania Bulletin, and notify the landowners of the bond forfeiture site proposed for reclamation, of the location of the project and a brief summary of work to be done.
(e) Upon awarding a reclamation contract under this section, the Department will notify the landowners of the bond forfeiture site proposed for reclamation of the name of the contract recipient, the location of the project, a summary of work to be done and the cost of the work and will publish a notice in the Pennsylvania Bulletin annually of reclamation contracts awarded under this section.
Authority The provisions of this § 86.189 issued under section 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b(a)); amended under sections 4(a), (d) and (d.2) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a), (d) and (d.2) and 1396.4b); section 7 of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7); section 5 of The Clean Streams Law (35 P.S. § 691.5); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and PA. CONST. ART. 1, § 27.
Source The provisions of this § 86.189 adopted February 6, 1987, effective February 7, 1987, 17 Pa.B. 641; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4742; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (378200) to (378203).
Cross References This section cited in 25 Pa. Code § 86.145 (relating to Department responsibilities); 25 Pa. Code § 86.158 (relating to special terms and conditions for collateral bonds); 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees); 25 Pa. Code § 86.186 (relating to scope); 25 Pa. Code § 86.187 (relating to use of money); 25 Pa. Code § 86.188 (relating to evaluation of bond forfeiture sites); 25 Pa. Code § 86.281 (relating to financial guarantees to insure reclamation—general); 25 Pa. Code § 86.284 (relating to forfeiture); 25 Pa. Code § 86.291 (relating to financial assurance for bond credit—general); and 25 Pa. Code § 86.295 (relating to forfeiture).
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