Title 25--ENVIRONMENTAL PROTECTION DEPARTMENT OF ENVIRONMENTAL PROTECTION [25 PA. CODE CH. 86] Corrective Amendment to 25 Pa. Code § 86.174(a) [34 Pa.B. 388] The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 86.174(a) (relating to standards for release of bonds) as deposited with the Legislative Reference Bureau and the official text as published at 28 Pa.B. 2227 (May 9, 1998) and as published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 284) (July 1998), and as currently appearing in the Pennsylvania Code. In the first sentence of subsection (a), the words ''backfilled and regraded'' were inadvertently replaced with ''backfilled or regraded.''
Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 86.174(a). The corrective amendment to 25 Pa. Code § 86.174(a) is effective as of May 9, 1998, the date the defective text was printed in the Pennsylvania Bulletin.
The correct version of 25 Pa. Code § 86.174(a) appears in Annex A, with ellipses referring to the existing text of the regulation.
Annex A TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE I. LAND RESOURCES CHAPTER 86. SURFACE AND UNDERGROUND COAL MINING: GENERAL Subchapter F. BONDING AND INSURANCE REQUIREMENTS RELEASE OF BONDS § 86.174. Standards for release of bonds.
(a) When the entire permit area or a portion of a permit area has been backfilled and regraded to the approximate original contour or approved alternative, and when drainage controls have been installed in accordance with the approved reclamation plan, Stage 1 reclamation standards have been met.
* * * * * [Pa.B. Doc. No. 04-89. Filed for public inspection January 16, 2004, 9:00 a.m.]
