Current through Register Vol. 54, No. 26, June 29, 2024
Section 86.175 - Schedule for release of bond(a) The Department will not release any portion of the liability under bonds applicable to a permit area or designated phase of a permit area until it finds that the permittee has complied with §§ 86.171, 86.172 and 86.174 (relating to procedures for seeking release of bond; criteria for release of bond; and standards for release of bonds).(b) The amount of bonds applicable to a permit area or designated phase of a permit area which may be released shall be calculated on the following basis: (1) Release of an amount not to exceed 60% of the total bond amount on the permit area or designated phase of a permit area upon completion and approval by the Department of Stage 1 reclamation.(2) Release of an additional amount of bond on the permit area or designated phase of a permit area upon completion and approval by the Department of Stage 2 reclamation but retaining an amount of bond coverage sufficient to cover the cost of reestablishing vegetation and reconstructing drainage structures if completed by a third party and for the period specified for permit liability in § 86.151 (relating to period of liability).(3) Release of the remaining portion of the total bond on the permit area or designated phase of a permit area after standards of Stage 3 reclamation have been attained.The provisions of this § 86.175 adopted June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended December 15, 1995, effective 12/16/1995, 25 Pa.B. 5821; amended November 14, 1997, effective 11/15/1997, 27 Pa.B. 6041.The provisions of this § 86.175 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1-1406.21); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
This section cited in 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees); 25 Pa. Code § 86.172 (relating to criteria for release of bond); 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).