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DEPARTMENT OF ENVIRONMENTAL PROTECTION
Bureau of Mining Programs
Bonding: Direct-Submittal of Bonds
Upon publication of notice as final in the
Section 315 of the Clean Streams Law (35 P.S. § 691.315); Section 4 of
the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4)
and Section 9 of the National Surface Mining Conservation and
Reclamation Act (52 P.S. § 3309) 25 Pa. Code § 86.143; and 25 Pa. Code
DEP will ensure that bonds submitted for mining operations are processed
in a timely manner.
The purpose of this guidance is to specify the process that should take
place in order for operators to accomplish direct submittal of bond to
This guidance applies to all coal and noncoal operators.
The policies and procedures outlined in this guidance document are
intended to supplement existing requirements. Nothing in the policies or
procedures will affect regulatory requirements.
The policies and procedures herein are not an adjudication or a regulation.
There is no intent on the part of the Department to give these rules that
weight or deference. This document establishes the framework, within
which DEP will exercise its administrative discretion in the future. DEP
reserves the discretion to deviate from this policy statement if
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DEP may not issue a new or revised permit, or renew a permit to commence mining operations or
expand any existing mine operations to affect previously unaffected areas, until such time as the
operator files a bond with DEP and DEP approves the bond. Upon approval, DEP will issue an
authorization for a mining operator to affect a given area as described by the permit application.
The bonding requirement serves a dual purpose: the bond assures completion of the approved
reclamation plan for the permit area; and the bond acts as a penalty in the case of an operator’s
non-compliance with the law. Specific regulations regarding bonding can be found at 25 Pa. Code
Chapter 86, Subchapter F and 25 Pa. Code Chapter 77, Subchapter D.
Upon approval of a permit application, the District Mining Office (DMO) will complete the
Bond Submittal Form (5600-FM-BMP0018), sections A through E.
The DMO will mail the submittal form to the operator. This will be the official bond request
signed by the Application Manager in each DMO for the District Mining Operations Bureau
Within 120 business days of the receipt of the Bond Submittal Form or upon a date specified by
DEP, the operator should prepare the appropriate bond and complete section F of the Bond
The operator should then attach the bond form(s) to the submittal form and forward the entire
Department of Environmental Protection
Bureau of Office Services
Division of Contracts, Procurement and Bonding
15th Floor, Rachel Carson State Office Bldg.
P.O. Box 8766
Harrisburg, PA 17105-8766
Upon receipt of the bond form(s) and the Bond Submittal Form, the Division of Contracts,
Procurement and Bonding will review and process the bond on a first come first served basis.
The DMO will be notified electronically that a bond has been received and is being processed.
The Division of Contracts, Procurement and Bonding cannot accept bond forms that are not
accompanied by a Bond Submittal Form from the DMO.
If any errors are found in the bond, it will be returned to the operator directly from the Division
of Contracts, Procurement and Bonding which will notify the DMO.
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The Division of Contracts, Procurement and Bonding will notify the DMO electronically that the
bond has been approved and that the permit may be issued. This will be followed by a
photocopy of the approved Bond Submittal Form.
Upon receipt of the electronic copy of the bond approval notification, the DMO may issue the
Authorization to Mine.
The operator may not commence mining activities on additional area until such time as a Part C
Authorization has been issued by the DMO.
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