§ 86.188. Evaluation of bond forfeiture sites.
(a) After forfeiture of bond under § § 86.180—86.182 and 86.185 (relating to scope; general; procedures; and preservation of remedies) has become final and the bond proceeds have been collected, the Department will evaluate the bond forfeiture site for reclamation purposes. The evaluation will consist of an onsite inspection by the Department and solicitation of information regarding the site and reclamation intention of the landowner and others determined by the Department to have information on, or an interest in, the site. The Department will provide to the landowner of the site, upon request, a copy of the completed site evaluation report.
(b) The Department will prioritize a bond forfeiture site according to the following categories, which are listed in decreasing order of severity of condition:
(1) Sites which present a significant and continuing hazard to human life by either their proximity to or impact on human populations.
(2) Sites which present a significant threat to health or safety, including actual or threatened loss of public or private water supplies.
(3) Sites which present a significant risk of damage to public or private property.
(4) Sites which are causing environmental degradation or pollution affecting the productive use of public or private land, or the reclamation of which would create significant environmental benefits.
(c) The Department, in selecting sites for reclamation under § 86.189(b)(1) (relating to reclamation of bond forfeiture sites), will consider the following factors:
(1) The severity of the conditions at the site.
(2) The potential for conditions at the site to deteriorate, including environmental quality, thus increasing the hazard to life, health, safety or property.
(3) The willingness of the landowner, or other person, to undertake the reclamation of the site under § 86.189(b)(2), (3) or (4), as evidenced by previous reclamation activity performed on the site or other indications of willingness to reclaim by the landowner or other person.
(4) The ability of the Department to gain adequate access to the site.
(5) The potential for remining of all or a portion of the site.
(6) The lack of participation of the landowner in the surface mining activities which created the conditions at the site.
(7) The potential for agricultural use or reforestation of the site.
(d) The Department will compile a list of sites for which forfeiture of bonds under § § 86.180—86.182 and 86.185 has become final and bond proceeds have been collected. The list will be updated quarterly and will be available for review in the Department’s district and central offices. The Department will publish quarterly in the Pennsylvania Bulletin notice of the availability of this list for review.
Authority The provisions of this § 86.188 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.
Source The provisions of this § 86.188 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 pages (313528) to (313529).
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 § 86.189 (relating to reclamation of bond forfeiture sites); 25 Pa. Code § 86.281 (relating to financial guarantees to insure reclamation—general); 25 Pa. Code § 86.284 (relating to forfeiture); 25 Pa. Code § 86.291 (relating to financial assurance for bond credit—general); and 25 Pa. Code § 86.295 (relating to forfeiture).
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