Current through Register Vol. 54, No. 25, June 22, 2024
Section 86.143 - Requirement to file a bond(a) No new, revised or renewed permit to conduct mining or reclamation operations will be issued by the Department before the applicant for the permit has filed with the Department a bond upon a form provided by the Department payable to the Department, and the bond has been approved by the Department. The bond shall be conditioned upon the faithful performance of the requirements of the acts and regulations thereunder, the reclamation plan and the conditions of the permit-including amendments, revisions and changes to the acts, the regulations, the reclamation plan and the conditions of the permit-as may hereinafter be lawfully made. The amount, duration, form, conditions and terms of the bond shall conform to the requirements in this subchapter.(b) An operator may not disturb surface acreage or extend or develop underground shafts, tunnels or operations, except for coal exploration permitted under Subchapter E (relating to coal exploration), prior to receipt of approval from the Department of a bond and issuance of a permit covering the surface acreage to be affected.(c) Liability on the bond shall cover mining and reclamation operations and other activities conducted within the permit area, and effects resulting from the mining of the permit area, including amendments thereof, during the course of mining activities and continuing for a period of time as provided in this subchapter. If more than one bond instrument is filed with the Department to satisfy the requirements of this subchapter for a given permit, then all bond instruments, no matter when the instruments were filed, apply to the entire permit area. Liability upon each bond applies to the entire permit area.The provisions of this § 86.143 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 June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316. This section cited in 25 Pa. Code § 86.17 (relating to permit and reclamation fees); 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 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 § 86.281 (relating to financial guarantees to insure reclamation-general); and 25 Pa. Code § 86.294 (relating to uses and limitations).