Current through Register Vol. 54, No. 45, November 9, 2024
Section 86.253 - Operator and project qualification(a) To participate in the remining and reclamation incentives program established by this subchapter, a coal mining operator shall demonstrate that: (1) The operator holds a valid coal mining license issued under section 3.1 of the act (52 P. S. § 1396.3a).(2) The operator, a related party, a person who owns or controls the operator or a person who is owned or controlled by the operator, satisfies the requirements of § 86.37(a)(8)-(11) and (16) (relating to criteria for permit approval or denial).(3) The operator, a related party, a person who owns or controls the operator or a person who is owned or controlled by the operator, has no liability for reclamation or pollution at the proposed abandoned mine site.(4) The operator's past history of compliance with environmental laws does not indicate a lack of intention or ability to comply with those laws or the regulations promulgated thereunder.(b) For a project to be approved for reclamation under the remining and reclamation incentives program, the operator shall demonstrate that:(1) The proposed activity is technologically and economically feasible at the proposed abandoned mine lands site and will not result in a violation of applicable effluent limitations or water quality standards.(2) When applicable, the operator has submitted a mining permit application to the Department clearly indicating which areas the operator intends to remine and which areas, if any, are to be mined for the first time.(3) When applicable, the operator has accurately calculated the amount of bond that would be needed to cover the area to be remined and the amount needed to cover the initial area of remining.(4) The operator has the right to enter onto and affect the property and, if applicable, the right to remove structures or materials, including soil, spoil, rock, coal or coal refuse. This section cited in 25 Pa. Code § 86.263 (relating to eligibility for assistance); 25 Pa. Code § 86.270 (relating to operator liability); 25 Pa. Code § 86.281 (relating to financial guarantees to insure reclamation-general); 25 Pa. Code § 86.282 (relating to participation requirements); and 25 Pa. Code § 86.292 (relating to procedures and requirements).