§ 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 changes or changes in the cost of reclamation, restoration or abatement work.
(b) A permittee may request reduction of the required bond amount upon submission of evidence to the Department proving that the permittee’s method of operation or other circumstances will reduce the maximum estimated cost to the Department to complete the reclamation responsibilities and, therefore, warrants a reduction of the bond amount. The request will not be considered as a request for partial bond release under § § 77.241—77.243 (relating to release of bonds).
(c) Periodically, after the date on which a bond was required to be submitted under this subchapter, the Department may determine the adequacy of bond amount requirements for mining operations and, if necessary, require additional bond amounts.
(d) The Department will notify the permittee, the surety and any person with a property interest in collateral who has requested notification of any proposed adjustment to the bond amount. The Department will also provide the permittee an opportunity for an informal conference on the proposed adjustment.
Source The provisions of this § 77.205 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial page (198701).
Cross References This section cited in 25 Pa. Code § 77.201 (relating to scope); 25 Pa. Code § 77.226 (relating to phased deposits of collateral); and 25 Pa. Code § 77.228 (relating to failure to maintain proper bond).
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