Current through Register Vol. 54, No. 44, November 2, 2024
Section 86.171 - Procedures for seeking release of bond(a) The permittee, or another person having an interest in the bond, may file an application with the Department to release all or part of the bond liability applicable to a permit or designated phase of permit area after reclamation, restoration and abatement work in a reclamation stage, as defined in § 86.172 (relating to criteria 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 only be reviewed at times or seasons that allow the Department to properly evaluate the reclamation operations alleged to have been completed.(2) The application shall include copies of letters sent to surface owners, adjoining property owners, local government bodies, planning agencies, and sewage and water treatment facilities or water authorities or companies in thelocality of the permit area, notifying them of the permittee's intention to seek release of bond. These letters shall be sent before the permittee files the application for release.(3) 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, it will be considered incomplete and the Department may return the application with no further action.(b) 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) Show the precise location and the number of acres of the lands subject to the application.(4) Show the total amount of bond in effect for the permit area and the amount for which release is sought.(5) Summarize the reclamation, restoration or abatement work done, including, but not limited to, backstowing or mine sealing, if applicable, and give the dates of completion of the work.(6) State whether any postmining pollutional discharges have occurred and describe the type of treatment provided for the discharges.(7) State that written comments, objections and requests for a public hearing or informal conference may be submitted to the appropriate office of the Department, provide the address of that office and the closing date by which comments, objections and requests shall be received.(c) Written objections to the proposed bond release and requests for an informal conference may be filed with the Department by an affected person within 30 days following the last advertisement of the filing of the application. For the purpose of this section, an affected person is one or more of the following: (1) A person with a valid legal interest which might be adversely affected by bond release.(2) The responsible officer or head of a Federal, State or local government agency which meets one or more of the following: (i) Has jurisdiction by law or special expertise with respect to an environmental, social or economic impact involved.(ii) Is authorized to develop and enforce environmental standards with respect to mining activities.(d) 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 weather conditions permit. The surface owner, agent or lessee shall be given notice of the inspection and may participate with the Department in making the bond release inspection.(e) The Department will schedule a conference if written objections are filed and a conference is requested. The conference shall be held in the locality of the permit area for which bond release is sought.(1) Notice of an informal conference shall be published in a newspaper of general circulation in the locality of the conference, at least 2 weeks before the date of the conference.(2) The informal conference shall be held within 30 days from the date of request for conference, except that requests for an informal conference that are filed prior to the 10th day following the final newspaper advertisement shall have a constructive date of filing as the 10th day following the final newspaper advertisement.(3) An electronic or stenographic record may be made of the conference and the record maintained for access by the parties, until final release of the bond, if requested in advance by one or more of the parties of the conference.(f) Departmental review and decision will be as follows:(1) The Department will consider during inspection, evaluation, hearing and decision: (i) Whether the permittee has met the criteria for release of the bond under § 86.172.(ii) Whether the permittee has satisfactorily completed the requirements of the reclamation plan, or relevant portion thereof, and complied with the requirements of the acts, regulations thereunder and the conditions of the permit, and the degree of difficulty in completing remaining reclamation, restoration or abatement work.(iii) Whether pollution of surface and subsurface water is occurring, the probability of future pollution or the continuance of present pollution, and the estimated cost of abating pollution.(2) If no informal conference has been held under subsection (e), the Department will notify the permittee and other interested parties, and the municipality in which the mining activity is located, in writing of its decision to release or not to release all or part of the bond within 60 days of the date of filing of the application.(3) If there has been an informal conference held under subsection (e), the notification of the decision shall be made to the permittee, and other interested parties, and the municipality in which the mining activity is located or the nearest town, city or other municipality, within 30 days after conclusion of the conference.(4) The notice of the decision shall state the reasons for the decision, recommend corrective actions necessary to secure the release and notify the permittee and the interested parties of their right to request a public hearing in accordance with subsection (h).(g) If the permittee is unwilling or unable to request bond release, and if the criteria for bond release have been satisfied, the Department may release the bond by following the procedures of subsections (a)(2), (b), (d)-(f).(h) Following receipt of the decision of the Department under subsection (f), the permittee or an affected person may appeal. Appeals shall be filed with the EHB under section 4 of the Environmental Hearing Board Act of 1988 (35 P. S. § 7514) and the requirements of Chapter 1021 (relating to practice and procedures).The provisions of this §86.171 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended November 14, 1997, effective 11/15/1997, 27 Pa.B. 6041; amended November 28, 1997, effective 11/29/1997, 27 Pa.B. 6186. This section cited in 25 Pa. Code § 86.145 (relating to Department responsibilities); 25 Pa. Code § 86.152 (relating to adjustments); 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 86.162a (relating to Anthracite Deep Mine Operators Emergency Bond Fund); 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees); 25 Pa. Code § 86.166 (relating to replacement of bonds); 25 Pa. Code § 86.170 (relating to scope); 25 Pa. Code § 86.175 (relating to schedule for release of bond); 25 Pa. Code § 86.182 (relating to procedures); 25 Pa. Code § 86.283 (relating to procedures); 25 Pa. Code § 86.284 (relating to forfeiture); 25 Pa. Code § 86.294 (relating to uses and limitations); and 25 Pa. Code § 92a.76 (relating to cessation of discharge).