Section 86.190. Sites where reclamation is unreasonable, unnecessary or impossible; excess funds

(a) If the Department determines in the evaluation of a bond forfeiture site that completion of the approved reclamation plan of the licensed mine operator whose bonds were forfeited for the reclamation site or an alternative reclamation plan is unreasonable, unnecessary or physically impossible, the bond amount will be made available for expenditure from the Fund only to reclaim land and restore water supplies affected by surface mining operations for which the Department has forfeited bonds. The reasons justifying this determination include the following:

(1) The site has been repermitted and rebonded for mining, and reclamation of the site is a condition of the permit.

(2) The site has been otherwise reclaimed.

(b) Before a final determination under subsection (a), the Department will send written notice to the landowner of the Department’s intention to remove restrictions on the expenditure of the forfeited bond amount.

(c) If the Department determines that the funds received from bonds covering the bond forfeiture site exceed the amount which is required to reclaim the bond forfeiture site, the excess funds will be made available for expenditure from the fund only to reclaim land and restore water supplies affected by surface mining operations for which the Department has forfeited bonds.

The provisions of this § 86.190 adopted February 6, 1987, effective February 7, 1987, 17 Pa.B. 641; amended August 29, 2008, effective August 30, 2008, 38 Pa.B. 4742. Immediately preceding text appears at serial page (313533).

Notation

Authority

The provisions of this § 86.190 issued under section 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.4b(a)); amended under sections 4(d) and (d.2) and 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.4(d) and (d.2) and 1396.4b(a)); section 7 of the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § 1406.7); section 5 of The Clean Streams Law (35 P. S. § 691.5); section 3.2 of the Coal Refuse Disposal Control Act (52 P. S. § 30.53b); section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and PA. CONST. ART. 1, § 27.

Cross References

This section cited in 25 Pa. Code § 86.145 (relating to Department responsibilities); 25 Pa. Code § 86.158 (relating to special terms and conditions for collateral bonds); 25 Pa. Code § 86.162b (relating to Land Reclamation Financial Guarantees); 25 Pa. Code § 86.186 (relating to scope); 25 Pa. Code § 86.187 (relating to use of money); 25 Pa. Code § 86.281 (relating to financial guarantees to insure reclamation—general); 25 Pa. Code § 86.284 (relating to forfeiture); and 25 Pa. Code § 86.295 (relating to forfeiture).