1. (a) A permit is eligible for Bioenergy Crop Bonding at no cost to a surface mining permittee if the applicant demonstrates the following:

   1. (1) The site is a remining site as defined in § 86.252 (relating to definitions).
   2. (2) Stage 2 bond release has been achieved at the remining site.

   3. (3) The bioenergy crops listed in subparagraph (i) or (ii) have been grown at the remining site:

      1. (i) Switchgrass, camelina or canola.
      2. (ii) Other bioenergy crops grown to produce feedstock for biofuels, including biodiesel and ethanol, and biomass for electricity generation.
   4. (4) Water treatment liability has not been triggered under Chapter 87, Subchapter F, Chapter 88, Subchapter G or Chapter 90, Subchapter F (relating to surface coal mines: minimum requirements for remining areas with pollutional discharges; anthracite surface mining activities and anthracite bank removal and reclamation activities: minimum requirements for remining areas with pollutional discharges; and coal refuse disposal activities on areas with preexisting pollutional discharges).

2. (b) An application for Bioenergy Crop Bonding must provide the following:

   1. (1) Verification that the entire permitted area has achieved Stage 2 bond release consistent with § 86.174(b) (relating to standards for release of bonds).
   2. (2) A demonstration that the crops grown are bioenergy crops.
   3. (3) Crop yield data that demonstrates that the bioenergy crops are achieving acceptable crop production.
   4. (4) A demonstration that all temporary structures have been reclaimed.
   5. (5) A demonstration that there are no post-mining pollutional discharges or that all liability associated with post-mining pollutional discharges is fully covered with a full-cost bond or a fully-funded post-mining treatment trust.
   6. (6) Acknowledgement that the permittee intends to apply for final release of the Bioenergy Crop Bonding in a timely manner.
3. (c) Upon approval of a Bioenergy Crop Bonding application, the Department will release the existing bond held for Stage 3 liability.
4. (d) The liability period under Bioenergy Crop Bonding may not exceed 5 years. Permits with a liability period greater than 5 years because of the risk of water pollution under § 86.151(b)(1) and (c) (relating to period of liability) are not eligible for Bioenergy Crop Bonding.
5. (e) Bioenergy Crop Bonding for a permit will expire no later than 120 days after the expiration of the 5-year liability period.
6. (f) Bioenergy Crop Bonding will be replaced if the final bond release is not achieved upon the expiration of Bioenergy Crop Bonding.

Authority

The provisions of this § 86.162c issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Source

The provisions of this § 86.162c adopted August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904.

Cross References

This section cited in 25 Pa. Cdoe § 86.155 (relating to scope); and 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees).