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§ 1396.4m. Reclamation bond credits

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 15. Surface Mining Conservation and Reclamation Act (Refs & Annos)
52 P.S. § 1396.4m
§ 1396.4m. Reclamation bond credits
Currentness
(a) A bond credit, financially backed by a special account for that purpose established in section 18(a.2), in the form of a bond letter, may be issued by the department to a licensed mine operator for voluntary reclamation of abandoned mine lands as approved by the department. The department shall in determining whether or not to issue a bond credit:
(1) Where a coal mining activity permit is not required, require a licensed mine operator to submit a proposal to the department to reclaim a specific area, together with the estimated cost of the reclamation based on current bonding rates.
(2) Review the proposal and find in writing that the operator's estimated cost of reclamation is accurate and that the proposed location of the project is acceptable to the department.
(3) Not issue any bond credits to an operator if any one or more of the following apply:
(i) the operator has not fully completed reclamation of the site to the standards set forth in the approved reclamation plan for the site;
(ii) the operator, any related party or any person who is directed or controlled by the operator or directs or controls the operator bears any reclamation responsibility under Federal or State law for an area proposed to be reclaimed, including, but not limited to, obligations pursuant to a mining permit, reclamation pursuant to section 18 or reclamation pursuant to any contract with the department, including abandoned mine land reclamation contracts; or
(iii) any other requirement of this section has not been met.
(b) An operator may apply bond credits which have been issued to him by the department against any reclamation bond obligation selected by the operator on unmined or previously mined areas except as specified in this section.
(c) The department may approve utilization of a bond credit in combination with conventional collateral or surety agreements.
(d) The department may require as a condition of granting the bond credit that the operator post a contract performance bond to insure that the operator completes the reclamation proposed to result in the bond credit. The performance bond is to be at least in an amount necessary to ensure reclamation of those areas proposed to be reclaimed and shall be released by the department upon completion of the work described in the approved reclamation plan.
(e) Bond credits are transferable to another qualified operator approved by the department.
(f) The special account established in the Remining Financial Assurance Fund for the bond credit program shall be the sole source of funds underwriting the bond credit program, and the Commonwealth shall not be obligated to expend any funds beyond the amount of the special account.
(g) Bond credits earned by a qualified operator may be used on a single permit or on multiple permits, whichever the operator chooses. A bond credit may be used two times; however, the bond credit cannot be used a second time until the department releases the bond credit from its first use. Any bond credit that is not used within five years from the date that it is earned or released will expire, including bond credits that have been transferred.

Credits

1945, May 31, P.L. 1198, No. 418, § 4.13, added 1992, Dec. 18, P.L. 1384, No. 173, § 8, effective in 60 days. Amended 1996, May 22, P.L. 232, No. 43, § 5, effective in 60 days.
52 P.S. § 1396.4m, PA ST 52 P.S. § 1396.4m
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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