Current through Register Vol. 55, No. 13, March 29, 2025
(a) The Department
will release up to 60% of the amount of bond for the authorized pollution
abatement area if the applicant demonstrates and the Department finds that:
(1) The surface mining activities were
conducted on the permit area, including the pollution abatement area, under the
requirements of the permit and the authorization, Chapter 86 (relating to
surface and underground coal mining: general) and this chapter, except as
specifically modified by this subchapter.
(2) The operator has satisfactorily completed
backfilling, regrading and drainage control in accordance with the approved
reclamation plan.
(3) The operator
has properly implemented each step of the pollution abatement plan approved and
authorized under this subchapter.
(4) The operator has not caused degradation
of the baseline pollution load at any time during the 6 months prior to the
submittal of the request for bond release under this subsection and until the
bond release is approved as shown by all ground and surface water monitoring
conducted by the permittee under §
88.506(1)
(relating to operational requirements) or conducted by the
Department.
(5) The operator has
not caused or contributed to surface water pollution or groundwater degradation
by reaffecting or mining the pollution abatement area.
(b) The Department will release an additional
amount of bond for the authorized pollution abatement area but retaining an
amount sufficient to cover the cost to the Department of re-establishing
vegetation if completed by a third party if the operator demonstrates and the
Department finds that:
(1) The operator has
replaced the topsoil or material conserved under §§
88.87,
88.183 and
88.287 (relating to
vegetation-supporting material: available soil removal; vegetation-supporting
material: soil; and vegetation supporting material: available soil removal),
completed final grading, planting and established revegetation in accordance
with the approved reclamation plan and achieved the standard of success for
revegetation in §
88.505(a)(5)
(relating to approval or denial).
(2) The operator has not caused or
contributed to surface water pollution or groundwater degradation by
reaffecting or mining the pollution abatement area.
(3) The operator has complied with one of the
following:
(i) Achieved the actual improvement
of the baseline pollution load described in the approved pollution abatement
plan as shown by all ground and surface water monitoring conducted by the
permittee for the period of time provided in the pollution abatement plan after
completion of backfilling, final grading, drainage control, topsoiling and
establishment of revegetation to achieve the standard of success for
revegetation in §
88.505(a)(5).
(ii) Achieved all of the following:
(A) At a minimum has not caused degradation
of the baseline pollution load as shown by all ground and surface water
monitoring conducted by the operator or the Department:
(I) For 12 months prior to the date of
application for bond release and until the bond release is approved under
subsection (b), if backfilling, final grading, drainage control, topsoiling and
establishment of revegetation to achieve the standard of success for
revegetation in §
88.505(a)(5) have
been completed.
(II) If treatment
has been initiated at any time after initial bond release under subsection (a)
and in accordance with §
88.507(e)
(relating to treatment of discharges), for 12 months from the discontinuance of
treatment under §
88.507(d), if backfilling, final grading, drainage
control, topsoiling and establishment of revegetation to achieve the standard
of success for revegetation in §
88.505(a)(5) have
been completed.
(B)
Conducted all measures provided in the approved pollution abatement plan and
additional measures specified by the Department in writing at the time of
initial bond release under subsection (a) for the area requested for bond
release.
(C) Caused aesthetic or
other environmental improvements or elimination of public health and safety
problems by remining and reaffecting the pollution abatement area.
(D) Stabilized the pollution abatement
area.
(c) The Department will release the remaining
portion of the amount of bond on the authorized pollution abatement area if the
applicant demonstrates and the Department finds that:
(1) The operator has successfully completed
all the approved pollution abatement and reclamation plans and the pollution
abatement area is capable of supporting the postmining land use approved under
§§
88.133,
88.221 and
88.334 (relating to postmining
land use; postmining land use; and postdisposal land use).
(2) The operator has complied with the permit
and the authorization, Chapter 86 and this chapter, except as specifically
modified by this subchapter.
(3)
The operator has not caused degradation of the baseline pollution load from the
time of bond release under subsection (b) or, if treatment has been initiated
after bond release under subsection (b) in accordance with §
88.507(e) for 5
years from the discontinuance of treatment under §
88.507(d).
(4) The applicable liability period has
expired under §
86.151 (relating to period of
liability).
The provisions of this § 88.509 amended 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).
This section cited in 25 Pa. Code §
88.506 (relating to operational
requirements); 25 Pa. Code §
88.507 (relating to treatment of
discharges); and 25 Pa. Code §
88.508 (relating to request for
bond release).