Section 1396.4g - Anthracite mine operators Emergency Bond Fund(a) Within thirty (30) days of the effective date of this section, the department shall establish an Emergency Bond Fund for the purpose of reclaiming any anthracite deep mined or surface mined lands which may be abandoned after the effective date of this section and on which the bond required by law and established by regulation has not been posted due to circumstances set forth in subsection (d).(b) The department shall collect from the following classes of licensed anthracite deep mine operators and anthracite surface mine operators a fee of twenty-five cents (25¢) for each ton of coal extracted from mining operations for which the required bond has not been posted due to the circumstances set forth in subsection (d): (1) Licensed anthracite deep mine operators and anthracite surface mine operators who submit to the department three letters of rejection from three separate bonding companies licensed to do business in this Commonwealth, stating that the operator has been denied a bond and the grounds for rejection.(2) Licensed anthracite deep mine operators and anthracite surface mine operators whose bonds are canceled due to the insolvency or bankruptcy of any insurance company or surety company licensed to do business in this Commonwealth.(c) The department shall deposit appropriations and the moneys collected into the Emergency Bond Fund. The department may establish such recordkeeping and reporting requirements as may be necessary for the purpose of implementing this section. Each operator affected by this section shall remit the fees to the department within forty-five (45) days following the sale of the tonnage on which the fee has been levied. The collection and deposit of the fees shall continue until the fund has reached a level that equals the number of acres for which no bond has been posted multiplied by the per-acre bonding requirement as established by rules and regulations of the department.(d) If the bonds of any anthracite deep mine operator or anthracite surface mine operator are canceled due to the insolvency or bankruptcy of any insurance company or surety company authorized to do business in this Commonwealth, and if replacement bonds from any other company are unavailable to the operator, even though the operator possesses sufficient financial resources to otherwise qualify for a bond, or if the operator has received the letters of rejection provided for in subsection (b), the operator shall so notify the department in writing. Notice to the department in the case of an operator who has received the letters of rejection provided for in subsection (b) shall contain the letters of rejection and such other information as the Environmental Quality Board may, by regulation, prescribe. In lieu of a bond, the operator's reclamation obligation for each site for which a permit has been applied shall be secured by the Emergency Bond Fund provided for in subsection (a) until such time as the site has been reclaimed or until an original or replacement bond, as the case may be, has been obtained by the operator: Provided, however, That no permit shall be issued under this subsection unless the operator has filed with the department a minimum payment of one thousand dollars ($1,000) toward the bond obligation and borrowed the remaining balances from the Emergency Bond Fund to cover the bond amounts for the entire permit area, as required by law. At such time as the operator has satisfied a reclamation obligation secured by the fund provided for in section 1 , the department shall release to the operator the fees collected, in whole or in part, according to the bond release schedule provided for by regulation. Any operator whose bond obligation is met by this section and whose permit application has been approved shall, throughout the term of the permit, undertake all reasonable actions to obtain an original or replacement bond, as the case may be, for said site.(e) The Environmental Quality Board may adopt regulations which require the operator to demonstrate, from time to time, that he has made such reasonable attempts to obtain an original or replacement bond.(f) In collecting the fees provided for and in securing reclamation obligations, the department shall maintain a separate record for each operator. The fees paid by an operator may be used only to secure the reclamation obligations of the operator.(g) The sum of fifty thousand dollars ($50,000) is hereby appropriated to the department for immediate deposit into the Emergency Bond Fund to provide the necessary funds for loans to qualified anthracite deep mine operators and anthracite surface mine operators to provide the required bonds to obtain mining permits.1945, May 31, P.L. 1198, No. 418, § 4.7, added 1986, Dec. 12, P.L. 1570, No. 171, § 3, imd. effective. Amended 1992, Dec. 18, P.L. 1384, No. 173, § 7, effective in 60 days.