25 Pa. Code § 86.149 - Determination of bond amount
(a)
The standard applied by the Department in determining the amount of bond will
be the estimated cost to the Department if it had to complete the reclamation,
restoration and abatement work required under the acts, regulations thereunder
and the conditions of the permit. The Department may establish bonding rate
guidelines which utilize the factors in §
86.145(c)
(relating to Department responsibilities).
(b) This amount will be based on, but not
limited to, the following:
(1) The estimated
costs submitted by the permittee in accordance with §
87.68, §
88.96, §
88.492, § 89.71 or §
90.33.
(2) Reclamation costs for
surface mines related to the specific size and geometry of the proposed mining
operation, the topography and geology of the permit area, the potential for
water pollution or hydrologic disturbances, the availability of topsoil and the
proposed land use.
(3) The costs
related to distinct differences in mining methods and reclamation standards for
bituminous surface mines, anthracite surface mines and underground
mines.
(4) The cost of relocating
or reconstructing roads or streams within the permit area.
(5) The cost of sealing shafts or other mine
openings, removal of buildings, facilities or other equipment, constructing,
operating and maintaining treatment facilities and correcting surface
subsidence.
(6) The additional
estimated costs to the Department which may arise from applicable public
contracting requirements or the need to bring personnel and equipment to the
permit area after its abandonment by the permittee to perform reclamation,
restoration and abatement work.
(7)
The amount of fees, fines or other payments made to the Department and
dedicated by the Department for reclamation, restoration and abatement of
defaulted permit areas.
(8)
Additional estimated costs necessary, expedient and incident to the
satisfactory completion of the requirements of the acts, regulations thereunder
and the conditions of the permit.
(9) An additional amount based on factors of
cost changes during the preceding 5 years for the types of activities
associated with the reclamation to be performed.
(10) Other cost information as required from
the permittee or otherwise available to the Department.
Notes
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