§ 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 shall consist of a certificate issued by an insurance company authorized to do business in this Commonwealth, and the certificate may be filed at the time of license application and renewal thereof; or, otherwise annually filed with the Department certifying that the permittee has a public liability insurance policy in force covering the licensee’s mining and reclamation operations in this Commonwealth.
(b) The insurance shall be written on an occurrence basis and provide for personal injury and property damage protection in a total amount determined by the Department on a case by case basis, and adequate to compensate persons injured or property damaged as a result of the permittee’s mining and reclamation operations and entitled to compensation under Pennsylvania law.
(c) If explosives are to be used by the permittee and loss, diminution in quantity or quality, contamination or interruption of public or private sources of water is possible as determined by the Department, the liability insurance shall include and the certificate shall provide a rider covering personal injury and property damage from these occurrences. The applicant may provide bond under subsection (i) in lieu of insurance to cover water supply loss, diminution, contamination or interruption.
(d) The insurance shall include a rider requiring that the insurer notify the Department whenever substantive changes are made affecting the adequacy of the policy, including cancellation or failure to renew.
(e) Minimum insurance coverage for bodily injury shall be $500,000 per person and $1 million aggregate. Minimum insurance coverage for property damage shall be $500,000 for each occurrence and $1 million aggregate.
(f) The insurance coverage shall be maintained in full force for the duration of the permittee’s mining and reclamation operation. The licensee shall submit annually proof of coverage. If a licensee fails to maintain the insurance, the Department will issue a notice of violation to the licensee requiring the licensee to submit proof of insurance coverage.
(g) Separate certificates of insurance may be submitted for general liability, blasting coverage and water loss coverage if the licensee is shown as the insured and not listed separately on the certificate as an additional insured.
(h) The certificate holder shall be the Department.
(i) Bond may be provided in lieu of liability insurance to cover replacements or restoration of water supplies as required under § 77.533 (relating to water rights and replacement).
(1) If the Department determines that the mining operation may affect a public or private water supply, the Department may require bond or additional insurance sufficient to replace the water supplies which could be affected as required under section 11(g) of the act (52 P.S. § 3311(g)).
(2) The bond shall be submitted on a form provided by the Department, and meet the requirements of this chapter.
Source The provisions of this § 77.231 adopted March 16, 1 990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619; amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial pages (240740) and (352571).
Cross References This section cited in 25 Pa. Code § 77.51 (relating to license requirement); 25 Pa. Code § 77.164 (relating to personal injury and property damage insurance information); 25 Pa. Code § 77.194 (relating to requirement to file a certification of liability insurance); and 25 Pa. Code § 77.221 (relating to scope).
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