25 Pa. Code Ch. 77 — Noncoal Mining

§ 77.182. [Reserved]. Source The provisions of this § 77.182 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (138797).

§ 77.191. Scope. This subchapter sets forth the minimum requirements for demonstrating sufficient financial responsibility for mining and reclamation operations by providing for bond guarantees for the operations and minimum standards for insurance protection for personal injury …

§ 77.192. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Cash—The term includes, when used in regard to bond requirements, negotiable certificates of deposit. Collateral bond—A…

§ 77.193. Requirement to file a bond. (a) A new, revised or renewed permit to conduct mining or reclamation operations, or permission to expand mining or reclamation operations within a permit area which has been limited to a portion or phase of the entire permit area will not be…

§ 77.194. Requirement to file a certification of liability insurance. An applicant for a permit who extracted more than 2000 tons of marketable minerals in the previous year or plans to do so in the current year shall submit proof to the Department of liability insurance coverage…

§ 77.195. Department responsibilities. (a) The Department will prescribe and furnish the forms for filing bonds. (b) The Department will prescribe terms and conditions for bonds and insurance. (c) The Department will establish bonding amount rate guidelines based on the estimated…

§ 77.2. Scope. This chapter specifies rules for noncoal surface mining activities and the surface effects of noncoal underground mining. Source The provisions of this § 77.2 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective De…

§ 77.201. Scope. Sections 77.202—77.205 set forth the minimum requirements for determining the amounts and time periods of liability for bonds for mining and reclamation operations. Source The provisions of this § 77.201 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. …

§ 77.202. Determination of bond amount. The standard applied by the Department in determining the amount of bond shall be the estimated cost to the Department if it had to complete the reclamation, restoration and abatement work required under the act, this chapter and the condit…

§ 77.203. Minimum amount of bond. The minimum amount of bond, except as provided under general permits, shall be $5000 for the entire permit area, including additional acreage permit revisions. Source The provisions of this § 77.203 adopted March 16, 1990, effective March 17, 199…

§ 77.204. Period of liability. (a) Liability under bonds posted for a noncoal mining activity shall continue for the duration of the mining activities and its reclamation as provided in the act, this chapter and the conditions of the permit for 5 years after completion of the min…

§ 77.205. Bond adjustments. (a) The permittee shall deposit additional bond amounts upon notification by the Department if the existing bond does not meet the requirements of this subchapter for any reason, including, but not limited to, mining or operation changes, reclamation c…

§ 77.21. [Reserved]. Source The provisions of this § 77.21 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.22. [Reserved]. Source The provisions of this § 77.22 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.221. Scope. Sections 77.222—77.231 establish the minimum standards for the form of the bond for mining and reclamation activities, and the terms and conditions applicable to bonds and liability insurance. Source The provisions of this § 77.221 adopted March 16, 1990, effecti…

§ 77.222. Form of the bond. (a) The Department will accept the following types of bonds: (1) A surety bond. (2) A collateral bond. (3) For long term mines and long term facilities, a phased deposit of collateral bond under § 77.226 (relating to phased deposits of collateral). (4)…

§ 77.223. Special terms and conditions for surety bonds. A surety bond is subject to the following conditions: (1) The Department will not accept the bond of a surety company which has failed or delayed in making payment on a forfeited surety bond. (2) The Department will not acc…

§ 77.224. Special terms and conditions for collateral bonds. (a) The Department will obtain and keep in custody collateral deposited by the permittee until authorized for release or replacement as provided in this subchapter. (b) A collateral bond pledging negotiable government s…

§ 77.225. Surety/collateral combination bond. A permittee for surface mining activities may post a combination of surety and collateral bonds for a permit or designated phase of a permit. Source The provisions of this § 77.225 adopted March 16, 1990, effective March 17, 1990, 20 …

§ 77.226. Phased deposits of collateral. (a) A permittee for a long term mining operation or facility may post a collateral bond for a permit area in compliance with the following requirements: (1) The permittee shall submit a collateral bond to the Department. (2) The permittee …

§ 77.227. Payment in lieu of bond (PILB). (a) In lieu of the bond otherwise required in this subchapter, an operator may elect to pay to the Department a payment as provided in this section. A person may not make a payment under this section, unless that person demonstrates to th…

§ 77.228. Failure to maintain proper bond. (a) If a permittee fails to post promptly additional bond required under § 77.205(a) (relating to adjustments) or fails to make timely deposits of bond according to the schedule submitted under § 77.226 (relating to phased deposits of co…

§ 77.229. Replacement of bonds. (a) The Department may allow permittees to replace existing surety or collateral bonds with other surety or collateral bonds, if the liability which has accrued against the permittee on the permit area is transferred to the replacement bonds. (b) T…

§ 77.23. [Reserved]. Source The provisions of this § 77.23 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.230. Transfer of permits. Before a permit is transferred as provided in § 77.144 (relating to transfer of permit), the succeeding operator shall post a bond in an appropriate amount determined by the Department under this subchapter. The bond may not be for less than the amo…

§ 77.231. Terms and conditions for liability insurance. (a) A license applicant or licensee, when required by section 5(e) of the act (52 P.S. § 3305(e)), shall submit proof of liability insurance before a license is issued or renewed and before a permit is issued. The proof shal…

§ 77.24. [Reserved]. Source The provisions of this § 77.24 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.241. Scope. Sections 77.242 and 77.243 (relating to procedures for seeking release of bond; and criteria and schedule for release of bond) set forth the procedures and criteria for release of bonds for mining and reclamation operations, unless otherwise specified by the term…

§ 77.242. Procedures for seeking release of bond. (a) Release of bond. The permittee may file an application with the Department for release of all or part of the bond liability applicable to a permit or designated phase of a permit area after reclamation, restoration and abateme…

§ 77.243. Criteria and schedule for release of bond. (a) A bond release or release from payment in lieu of a bond applicable to a permit area or designated phase of a permit area shall be released as follows: (1) Up to 90% of the total amount of bond attributable to that portion …

§ 77.25. [Reserved]. Source The provisions of this § 77.25 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.251. Scope. Sections 77.252—77.254 (relating to general; procedures; and preservation of remedies) set forth the procedures and criteria for the forfeiture of bond as a result of the permittee’s failure to meet the conditions upon the bond. Source The provisions of this § 77…

§ 77.252. General. (a) The Department will forfeit the bond, or make an equivalent declaration for payment in lieu of bond for a permit if it determines that one of the following applies: (1) The permittee has violated and continues to violate terms or conditions of the bond. (2)…

§ 77.253. Procedures. (a) If forfeiture of the bond is required, the Department will: (1) Send written notification by registered or certified mail to the permittee, the surety on the bond and the bank issuing a letter of credit of the Department’s determination to forfeit the bo…

§ 77.254. Preservation of remedies. (a) Remedies provided in law for violation of the act, the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19b), The Clean Streams Law (35 P.S. § § 691.1—691.1001), the Air Pollution Control Act (35 P.S. § § 4001—4015),…

§ 77.26. [Reserved]. Source The provisions of this § 77.26 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.291. Applicability. This subchapter is applicable to assessments of civil penalties under: (1) Section 21 of the act (52 P.S. § 3321). (2) Section 605 of The Clean Streams Law (35 P.S. § 691.605). Source The provisions of this § 77.291 adopted March 16, 1990, effective March…

§ 77.292. Assessments. The Department will review each violation which is or may be subject to imposition of a civil penalty under the applicable provisions of law in § 77.291 (relating to applicability). The purpose of this review is to determine whether a civil penalty will be …

§ 77.293. Penalties. (a) Cessation order. (1) The Department will assess a civil penalty of up to $5,000 per day for each violation of the act or any rule, regulation, order of the Department or a condition of any permit issued under the act which leads to a cessation order. (2) …

§ 77.294. System for assessment of penalties. (a) The Department and, in event of appeal, the EHB, will use the system described in this section to determine the amount of the penalty, and, whether a mandatory penalty will be assessed as provided in § 77.293(b) (relating to penal…

§ 77.3. Relationship to coal mining. (a) Mining activities will be deemed to be noncoal mining activities if the extraction of coal is incidental to the extraction of other minerals and the coal extracted does not exceed 16 2/3% of the tonnage of materials removed for purposes of…

§ 77.301. Procedures for assessment of civil penalties. (a) Initial review. When the Department determines that a civil penalty will be assessed, it will make an initial review of the violation and will serve a copy of the results of the initial review, including the civil penalt…

§ 77.302. Appeal procedures. (a) The person charged with a violation may contest the penalty assessment by filing an appeal with the EHB including with the appeal an amount equal to the assessed penalty—to be held in escrow as provided in subsection (b) within 30 days from receip…

§ 77.303. Final assessment and payment of penalty. (a) If the person to whom an assessment is issued fails to file an appeal as provided in § 77.302 (relating to appeal procedures), the assessment shall become final and the penalty assessed shall become due upon expiration of the…

§ 77.351. Enforcement. Violations once identified by a State inspector or other appropriate official shall be corrected in a reasonable time, not to exceed 90 days, as prescribed by the Department. Additional time to achieve compliance may be granted if additional time is necessa…

§ 77.352. Inspection authorization. (a) The Department and its agents and employes will: (1) Have access to, and require the production of, books and papers, documents and physical evidence pertinent to a matter under investigation. (2) Enter a building, property, premises or pla…

§ 77.353. Inspection—general. Whenever a Department inspection determines that there is a violation of the act, the environmental acts, the regulations thereunder, a permit or Department approval, the Department will notify the alleged violator either by copy of the inspection re…