1. (a) The Department may release all or part of a bond under § 86.175 (relating to schedule for release of bond) if it is satisfied that the entire permit area or portion of a permit area has been reclaimed to the standards in § 86.174 (relating to standards for release of bonds).
2. (b) The release or adjustment of a bond or portion of a bond does not relieve the operator of further reclamation liability on the permit area.
3. (c) The Department will not release or adjust bonds if the release or adjustment would reduce the amount of bond to less than that necessary for the Department to complete the approved reclamation plan; achieve compliance with requirements of the acts, regulations thereunder and the conditions of the permits; and abate significant environmental harm to air, water or land resources or danger to the public health and safety which may occur prior to the release of bonds from the permit area. When the permit includes an alternative postmining land use plan approval under § 87.159, § 88.133, § 88.221, § 88.334, § 88.492, § 89.88 or § 90.166, the Department will retain sufficient bond amounts for the Department to complete additional work which would be required to achieve compliance with the general standards for revegetation in § 87.155, § 88.129, § 88.217, § 88.330, § 88.492, § 89.86 or § 90.159, if the permittee fails to implement the approved alternative postmining land use plan.

Source

The provisions of this § 86.172 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148564) to (148565).

Cross References

This section cited in 25 Pa. Code § 86.145 (relating to Department responsibilities); 25 Pa. Code § 86.152 (relating to adjustments); 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 86.162a (relating to Anthracite Deep Mine Operators Emergency Bond Fund); 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees); 25 Pa. Code § 86.166 (relating to replacement of bonds); 25 Pa. Code § 86.170 (relating to scope); 25 Pa. Code § 86.171 (relating to procedures for seeking release of bond); 25 Pa. Code § 86.175 (relating to schedule for release of bond); 25 Pa. Code § 86.182 (relating to procedures); 25 Pa. Code § 86.283 (relating to procedures); 25 Pa. Code § 86.284 (relating to forfeiture); 25 Pa. Code § 86.294 (relating to uses and limitations); 25 Pa. Code § 87.208 (relating to request for bond release); 25 Pa. Code § 88.508 (relating to request for bond release); 25 Pa. Code § 90.308 (relating to request for bond release); and 25 Pa. Code § 92a.76 (relating to cessation of discharge).