(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).