DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF MINING AND RECLAMATION
Financial Assurance and Bond Adjustments for Mine Sites with Post-mining
: Upon publication of notice as final in the
Surface Mining Conservation and Reclamation Act, 52 P.S. § 1396.1
(Surface Mining Act); The Clean Streams Law, 35 P.S. § 691.1
seq.; the Coal Refuse Disposal
Control Act, 52 P.S. §§ 30.51—30.66 (Coal Refuse Act); Noncoal Surface Mining Conservation
and Reclamation Act, 52 P.S. § 3301
. (Noncoal Act); The Administrative Code of 1929,
71 P.S. §§ 510.1—510-108; and the Commonwealth Attorneys Act, 71 P.S. § 732-101
The Surface Mining Act, The Clean Streams Law, the Coal Refuse Act, the Noncoal
Act, and their implementing regulations require all sites to be adequately bonded. As an
alternative financial assurance mechanism for sites with post-mining discharges, site-specific
trust funds provide the financial assurance to cover the liability for long-term treatment of the
The purpose of this policy is to set forth how the bonding laws are to be
implemented for sites with a post-mining discharge by establishing guidelines for a bond
adjustment or the establishment of a trust fund by the permittee to ensure the long-term treatment
of the post-mining discharges.
This guidance applies to surface coal mining, underground coal mining and
coal refuse disposal activities with post-mining discharges.
The policies and procedures outlined in this guidance document are intended
to supplement existing requirements. Nothing in the policies or procedures shall affect regulatory
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 the Department shall exercise its administrative
discretion in the future. The Department reserves the discretion to deviate from this policy
statement if circumstances warrant.
Vol. 12, Tab 68 (BMR/PGM Section II, Part 04, Subpart 50)
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The Pennsylvania Surface Mining Act, the Clean Streams Law, the Coal Refuse Act, and their
implementing regulations require all sites to be adequately bonded and the bond is conditioned
that the permittee/operator shall faithfully perform all requirements of the law, including
reclamation. The courts have held that reclamation includes treatment of post-mining
discharges. The permittee is liable for, and is required to continue, the treatment of the post-
mining discharge for as long as the discharge exists. The law also requires that the bond amount
be sufficient for the Department to complete the reclamation in the event the permittee does not.
When a post-mining pollutional discharge occurs the permittee is required by applicable laws to:
1. Provide immediate interim treatment;
2. Take measures that are necessary and available to abate the discharge.
3. Make provisions for the sound future treatment of the discharge, if the abatement
measures are not successful.
Provisions for sound future treatment of the discharge include the design, approval and
construction of a treatment facility and providing the financial assurance necessary to provide for
the cost of treatment in perpetuity. The necessary financial assurance can be a bond (surety or
collateral) that will be adjusted every 5 years or a trust fund.
Where more than one discharge exists on a mine site, both the individual and cumulative impacts
of the discharges will be evaluated before adjusting or releasing bonds. One trust can be
established for all of the discharges associated with a mine site or for all of a permittee’s
To satisfy the legal bonding requirements, the permittee must provide for the cost of treating any
pollutional post-mining discharge for as long as the discharge may exist. Many discharges will
exist for a very long time, if not perpetually. Treatment costs include the annual operation and
maintenance costs of a treatment facility and the costs to replace the treatment system or
components as needed.
When a post-mining pollutional discharge occurs, the Department has the obligation and
authority to require an amount of bond necessary to complete reclamation, restoration and any
abatement work. This obligation and authority stems, in part, from 25 Pa. Code
§ 86.152. If
additional bond is needed, the Department requests the permittee to provide additional bond.
The bond amount needed for post-mining discharges will be calculated based on the cost to the
Department to treat the discharge in perpetuity. In addition to the treatment amount, there must
be a sufficient amount for any remaining reclamation on the permit area.
Bonds are not, however, the ideal financial instrument for ensuring the long-term treatment of a
post-mining pollutional discharge. Bonds are finite in nature and inherently unable to keep up
with inflation. Every five years, when the permit is renewed, the permittee must provide
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additional bond to keep pace with inflation. Finally, due to the uncertain term and the fact it is
highly unlikely the bond will ever be released, many permittees will be unable to purchase the
necessary surety bonds to meet their legal obligations.
As an alternative to bonds, Section 4(d.2) of the Surface Mining Act authorizes the Department
to establish alternative financial assurance mechanisms that meet the purposes and objectives of
the bonding program. One alternative financial assurance mechanism established by the
Department is a trust fund. Those permittees unable or unwilling to provide a surety or collateral
bond can establish and fund a trust with a third-party trustee to manage investments and dispense
funds. The main purpose of the trust fund is to generate sufficient income to cover the cost of
treatment into the future. The Department is the irrevocable beneficiary of the trust. The trust is
to be established using the Department forms containing the terms and conditions established by
The trust is implemented through a negotiated Consent Order and Agreement and a companion
Trust Agreement. The Consent Order and Agreement is entered into under the authority of the
Surface Mining Act, The Clean Streams Law and the Commonwealth Attorneys Act. Once the
trust is in place and fully funded, the permittee can be reimbursed from the trust for the yearly
cost of treatment.
In the event the permittee defaults on its legal obligations to treat the discharge, the trust funds
will be used to treat the mine discharge. The trustee will make disbursements at the direction of
I. FINANCIAL ASSURANCE
A. Determining the Bond Amount
The bond amount is based on the cost to the Department to continue treatment in the case
where a permittee ceases treatment. The bond amount is the amount required to provide money
to pay for the treatment in perpetuity. When a bond is forfeited and collected, the money is
deposited in the Surface Mining Conservation and Reclamation Fund, the Clean Water Fund or
the Coal Refuse Disposal Control Fund. In accordance with law, the State Treasurer manages
these funds. They typically generate a very conservative rate of return. Consequently, the
amount of a bond is greater than what would be needed in a trust where the fund is invested on
the open market and thus would typically generate a greater rate of return.
Because a bond has a fixed value, and the costs are expected to increase at the rate of
inflation, in order to provide financial assurance through the term of the permit (five years) and
to account for the time it takes to complete the bond forfeiture process (about a year), the bond
amount is determined by doing the treatment trust calculations with the state treasury rate of
return and projecting forward to the sixth year after permit issuance. The required bond amount
is the projected trust value in year six. At the end of the permit term a new bond value for the
renewal period will be calculated and additional bond may be required.
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B. Treatment Trust Calculations
The fundamental question is, “How much money needs to be invested to produce the
income to pay for the costs for treatment?”
Four factors determine the value of a trust fund to provide for the costs associated with
treating post-mining discharges. These are:
the annual operation and maintenance costs,
the initial capital costs and the recapitalization costs,
the rate of return on the invested funds.
In addition, it is prudent to have a mechanism in place to account for normal fluctuations
in the earnings of the investment (i.e. volatility).
1. Annual Operation and Maintenance
The annual operation and maintenance (O&M) costs are all those costs and expenses
associated with the day-to-day operation and maintenance of the treatment facility. Operation
costs include, but are not limited to: chemicals, electricity, labor (including benefits), water
sampling, sludge removal and disposal, transportation, maintenance of access roads, mowing,
snow removal, general upkeep and contingency costs. System maintenance costs include, but are
not limited to cleaning influent and effluent channels, inspecting the berms for rodent holes and
repairing them, correcting short-circuiting in the ponds, repairing and maintaining all equipment
and buildings. Sampling frequency must be established to ensure proper operation of the facility.
Calculating accurate costs is critical to establishing the necessary trust amount. In any case, the
cost analysis must be well documented.
a. Actual Annual Costs
Costs are determined, where possible, using the permittee’s actual annual costs as a
guide. The average of the permittee’s costs for the three most recent years will generally be used
to account for variations associated with variable flow conditions. The permittee can establish
its annual operation and maintenance costs by providing an accounting of the costs prepared in
accordance with Generally Accepted Accounting Principles and accompanied by an affidavit of
the treasurer or other corporate officer responsible for the financial affairs of the permittee and
accompanied by an affidavit of the permittee’s president attesting to the completeness and
accuracy of the costs. It is important to note that the Department’s costs are expected to be
higher than the permittee’s (or trustee’s) actual costs.
The permittee’s annual operation and maintenance costs should be verified by using
available treatment cost calculation models (e.g. AMDTreat, developed by OSM, with input
from WV DEP and PA DEP). In those cases where the actual annual costs are unavailable or
unreliable, the output from the treatment cost calculation model will be used for the initial
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calculations. This cost may need to be increased to reflect the cost for the trustee to contract for
b. Use of AMDTreat for calculating bond amounts and trust amounts
The AMDTreat tool (or another cost calculating model) should be used for verification of
the permittee’s costs and determining the Trust’s (or Department’s) costs (based on the fact that
those costs will likely be higher than the permitttee’s). AMDTreat can also be used in cases
where there is no reliable permittee cost data (e.g. the treatment system hasn’t been built yet, or
there isn’t a long track record of treatment).
There are over 500 variables in the AMDTreat software that may be set by the user.
AMDTreat is a powerful tool in determining the costs for treatment. AMDTreat can be used to
determine Annual O & M costs and the present value of future recapitalization costs.
AMDTreat has a design module that can be useful in identifying treatment alternatives
(and the costs associated with them). AMDTreat can be used for forward cost modeling, i.e.
where a system is proposed and the costs must be predicted, and for reverse cost modeling, i.e.
where a system is in place and the costs must be calculated.
For systems that are in place, the actual values should be used. For these systems it is
important to make sure that the default costs from AMDTreat are reasonable, or appropriately
adjusted to reflect the real site-specific costs. For the most part, the sizing methods will be based
on dimensions. The secondary pond component will usually be used to calculate pond costs
since this calculation is based on dimensions.
For proposed systems, or where actual values are not available from the permittee, it is
necessary to be somewhat conservative in calculating costs, to assure that an adequate bond or
trust amount is determined. The Financial Forecasting module of AMDTreat is useful for
comparing different treatment options. The Recapitalization module can provide the present
value of the future recapitalization costs.
It is important to keep in mind that for active or chemical systems, the annual operation
and maintenance costs generally control the trust amount, while for passive systems the capital
costs have greater importance.
Water Quality and Flow Data
There are two flow values used for calculations in AMDTreat. For hydraulic sizing of
facilities, the Design flow is used. A water quality spreadsheet has been developed to help
characterize a discharge or discharges. The design flow is also called “Flow Size” in the water
quality spreadsheet. The “average” flow is used to calculate chemical consumption. The water
quality spreadsheet generates the median value of the flow. In most cases, the arithmetic average
should be used for this input value in AMDTreat.
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Sampling costs should be based upon the actual required sampling program. Sampling
costs may be reduced for sites where these samples can be collected during routine maintenance
visits. Adjustments can be made to the labor and travel costs accordingly. One of the input
parameters is the number of samples per month. This can be calculated by taking the total
number of required samples per year and dividing by 12. If this approach is used, then 1 should
be used as the number of sample points.
Typically, the raw water, effluent from the treatment system and the downstream samples
on a monthly basis are required. These points and frequency should be used as the starting point
for determining the required monitoring. This can be adjusted based on site-specific conditions.
For example, for a complicated active treatment system, additional sample locations and
increased frequency is needed. For a passive treatment system with a history of good
performance, fewer samples may be needed.
Generally, there is no need to include engineering costs for construction for systems that
are in place and fully functional. However, some aspects of operation and maintenance may
Labor costs are calculated based on the required number of site visits per month. For
passive systems, a once per month minimum should be used as a starting point. For active
treatment 5 visits per week should be used unless the operator-provided data indicates otherwise.
2. Capital Improvement/Recapitalization Costs
Capital improvement or recapitalization costs are those anticipated periodic expenditures
necessary for the continued operation of the treatment system. The present value of the
recapitalization costs is calculated by determining the expected average lifespan of each major
component of the treatment system and its cost in today’s dollars. These costs are then inflated
to each expected replacement point and the present values of the future costs are added together.
Costs are calculated for replacement for a 75-year period. The required amount of
recapitalization costs is recalculated on an annual basis and each time a distribution payment is
made from the trust. An evaluation of financial data shows that calculations projected beyond 75
years are not useful because of the variability of the data.
For passive treatment systems, operator data should be compared to other published cost
data. For example, the former U.S. Bureau of Mines calculated the cost of wetlands built by them
to average about $35,000 per acre.
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Inflation is the overall general upward price movement of goods and services in an
economy. The Department has used an inflation rate of 3.1 % for the trust fund calculations.
This rate of inflation was determined through averaging the rate of inflation as reported by the
U.S. Bureau of Labor Statistics for the 75-year period from 1923 through 1997. This 75-year
period represents the post-World War I period when the economy of the United States changed
from an agrarian economy to the modern industrial economy. It also includes a variety of
changes in the inflation rate that may reasonably be expected to occur in the future. The rate will
be periodically evaluated and adjusted.
4. Return on Investment
Return on investment is the growth in the value of the trust due to income from its
investments, less any fees. The expected rate of return on investment is directly related to the
amount of risk the investor is willing to assume. This risk, and the correlating effective rate of
return, can be modified based on the mix of investment vehicles used. The Department has used
an average long-term rate of return for stocks listed on the New York Stock Exchange (11.2%)
and the average rate of return for bonds of 5.25%. These rates will be periodically evaluated and
In order to make the establishment of treatment trust funds affordable, the Department
will consider a fairly aggressive growth trust strategy consisting of up to 80% stocks and 20%
bonds. However the permittee can select a more conservative investment strategy. The
investment mix is a decision that the permittee must make, but the rate of return used to calculate
a trust amount is determined as part of the negotiation process for the Consent Order and
Agreement and accompanying Trust Agreement.
Volatility is the variation of the value of the investments from the anticipated value.
Based on a volatility analysis conducted for the Department, the assumed volatility for stocks
listed on the NYSE composite index is 20%. The assumed volatility for fixed-yield bonds is 0%.
The volatility to be used in each case is determined based upon the investment strategy, prorating
the volatility accordingly. For example, the volatility factor for an 80% stock, 20% fixed-yield
bond investment strategy is 16%. Taking into account the volatility, a fully funded trust with the
80% stock, 20% bond mix is 116% of the required funds.
C. Calculating the Trust Amount
The initial trust amount is determined by using a variation of the time value of money
formula. The time value of money formula determines the present value of the costs to be
incurred in the future. The formula is embedded in a spreadsheet that calculates the costs,
adjusted for inflation. The annual operation and maintenance cost and capital cost for
replacement are input into this spreadsheet. The spreadsheet calculates the bond amount and
balance of funding in the trust.
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The following equation is listed in the Consent Order and Agreement and is used to
approximate the Present Value (PV) of the future operation and maintenance (O&M) of the
[(A/[E-I]) + A] x Vol
Present Value of the O&M Costs
Current Actual Annual Treatment Cost
Expected annual earnings or Interest Rate (depends on investment
Inflation Rate (0.031 (3.1%) has been used)
The total trust amount needed is the sum of the present value of the operation and
maintenance costs, the present value of the capital improvement/recapitalization costs, and the
costs of the first year of treatment. This amount is then adjusted for volatility. The following
formula will determine the total trust amount:
Present Value of the O&M Costs
Present Value of the Recapitalization Costs
Note: The capital costs for a proposed system should be included, if applicable.
A. Establishing the Trust
The trust is established through two documents, a Consent Order and Agreement between
the Department and the permittee and a Trust Agreement between the permittee and a trustee
selected by the permittee and approved by the Department. Instead of a Trust Agreement, a
participation agreement may be used.
The trustee must be a Pennsylvania chartered or a national bank or a financial institution
with trust powers or a trust company with offices located within the Commonwealth and the trust
activities must be examined or regulated by a state or federal agency.
The trust has a target value that is higher than the base value to account for the volatility.
In addition, the annual treatment cost is in the trust account for a year before the permittee is
reimbursed at the end of the year. The interest earned on these funds may be adequate to fund
the Capital Improvement Account.
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The Trust provides for annual disbursement to the operator. The disbursement is limited
to calculated costs and subject to fund valuation. The reimbursement is the smaller of the annual
treatment costs or the excess value in the trust.
For permittees with multiple sites with discharges, it is advantageous to handle them in a
single trust. Combining the money for the future treatment of multiple discharges into one trust
fund can result in lower trustee fees.
The standard form trust agreement and Consent Order & Agreement are available at:
The trustee is required to provide quarterly statements of the activity and balances of the
trust. The trustee is paid from the trust. Any tax on the earnings of the trust is to be paid by the
permittee. A nontaxable charitable trust can be established, in which case the earnings of the
trust would not be taxable. The trust can own real and personal property, easements, and
B. Participation Agreement
In cases where the trust amount is relatively small, it may make financial sense for a
number of permittees to “pool” their trusts. In this case, rather than having a trust agreement, the
permittee will execute a participation agreement. This agreement serves the purpose of the trust
agreement. In this case, while there are separate accounts established by the trust manager, the
trust is invested collectively to take advantage of the benefits of working with larger sums of
The trust has two sub-accounts, one for operation and maintenance (the Primary Trust),
and another for capital improvements/recapitalization (the Capital Improvement Account).
Bond Release or Conversion to Trust Asset
Once a trust has been established and is fully funded the bonds for the site may be
released. A sample public notice for bond release when a trust is in place is included as
Appendix A. In addition, after the trust is fully funded, the permittee can, at the direction of the
DEP, be reimbursed at the end of each year, based on the calculated cost of treatment, for that
There are two scenarios for bond release when a trust is established. The first is with a
fully funded trust. The second is when the bond is released, but becomes an asset of the trust.
The distinction between these releases and typical bond releases is that the public notice should
reflect the fact that there is a trust in place. Where the bonds are released, the language in the
brackets in the sample public notice (Appendix A) should be included.
If the permittee is not able to fully fund the trust, then any reclamation bonds not needed
to cover land reclamation may be amended and converted to an asset of the trust. If bonds are
included in the trust, then, as the trust increases in value, bond liability may be reduced as the
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trust reaches certain milestones. If there are multiple bond instruments, then the order that the
bonds will be reduced or released will be at the Department’s discretion.
For surety bonds to be part of the trust, written authorization of the surety is required. A
standard surety bond rider is used to amend the surety bond. This rider amends the bond to
allow for the proceeds from a forfeiture of the bond to be deposited in the trust. An example of
this standard form is attached as Appendix B.
In order for a surety bond to be part of the trust, the bond must first be released through
the completion report process. After the bond is released and made a part of the trust, liability
reductions of the amount of the bond are done in accordance with the Consent Order and
D. Supporting Documentation
Updated maps and plans are needed to support the Consent Order and Agreement and the
Trust Agreement. These maps and plans should show the discharge location, treatment facility
detail, sampling locations, access roads and any other site-specific features that should be
documented (e.g. pipelines or other utilities). Efforts should be made to obtain easements from
the landowner for access to the property required for the operation and maintenance of the
treatment facility. Normally, the permit will remain in place with revisions to reflect the
required treatment area. Any area that may be needed for future enhancements of the treatment
system should also be included in the revised permit area.
E. Annual Review
Each year the costs associated with treating the discharge and the value of the trust are
analyzed to determine if the objective of the trust is being met. This is a financial review that
includes a detailed accounting of costs. If it is determined that the trust value is insufficient or
excessive, appropriate adjustments are made to the trust. The details of the financial
requirements of the trust are somewhat complex. They are specifically described in the Consent
Order and Agreement and Trust Agreement.
An annual meeting with the Department, Trustee and permittee is required by the
Consent Order and Agreement to review the performance of the treatment system, and evaluate
the trust amount. The treatment system evaluation should take any unusual climatic conditions
into account. If the costs for treatment change by more than 10%, since the creation, or last
modification, of the trust, then the trust amount should be recalculated.
F. Trust Tracking
The annual reporting/meeting requirement and the year-to-year performance of the trust
are tracked in the Trust fund tracking database. While this database will be the primary means of
tracking the trusts, some of the aspects of the trust may be tracked in eFACTS. For example, the
Consent Order should be tracked as an enforcement action in eFACTS. The milestones should be
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limited to the required actions by the permittee. In addition, when a permit has a trust associated
with it, this can be added to the PF record as an operational characteristic.
G. Anticipated discharges
In the case where there is a discharge anticipated, but which has not yet surfaced (for
example, potential deep mine pools) the need for a trust/bond should be determined using a
detailed hydrologic analysis. The analysis should take into account the anticipated post-mining
pool elevation, whether the discharge will gravity flow or require pumping, potential discharge
location, the expected quality and quantity and the type of treatment indicated and when the
discharge is expected to occur.
If a permittee fails to continue the required treatment, then the treatment trust will take
over. At this point, the permittee is in violation of the Consent Order and will be subject to a
permit and license block. In most cases, upon default the permit should be revoked. The permit
revocation will be input into the Federal Applicant/Violator System (AVS) and be a permit block
I. Process summary
The process of determining the trust or bond amount and establishing a trust is
summarized as follows:
Identify the discharge sample point(s). The mine drainage inventory data can be
Download data from SIS and compile any additional available data
When more than one discharge is treated in the same system, the combined
discharge spreadsheet can be used.
Input cost, water quality and treatment system data in AMDtreat
Input annual O & M cost and recapitalization cost numbers from AMDtreat or
other sources into the trust fund/bond calculator spreadsheet.
Determine the required bond amount
Request the bond from the permittee (this notice includes the opportunity for an
If trust negotiations are not initiated, then demand the necessary bond through
issuance of an order
If trust negotiations are initiated, then prepare draft Consent Order and Trust
Meet with the permittee to finalize the numbers and Consent Order and Trust
Enter appropriate data into eFACTS.
Tracking the treatment trust in the Treatment Trust Database will be done throughout this
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Notice is hereby given that
has requested bond release
for Surface Mine Permit No. (permit #)
Conservation and Reclamation Act. The permit was renewed on (date)
(location of site)
County. Bond release of
is requested for (# of acres)
acres. Total bond held is
. The release area has been reclaimed to approximate
original contour and revegetated with grasses and legumes. Land reclamation was completed on
the site as of (date)
. There is a post mining pollutional discharge that has occurred and that is
being treated by
(description of treatment being used)
. Pursuant to a
Consent Order and Agreement with the Department authorized by Sections 4(d.2) and (g)(3) of
the Surface Mining Act and by the Clean Streams Law, a trust fund has been established and
funded as an alternative financial assurance mechanism that provides for the sound future
treatment of the pollutional discharge. [The bond (s) has(or have) been held for the benefit of the
trust. After the release of the bond, the value of the trust is sufficient to provide an adequate
alternate financial assurance mechanism.]
Written comments, objections, and requests for a public hearing or informal conference
may be submitted to the Department of Environmental Protection, Office Name,
Office, Bureau of District Mining Operations, Office address,
within 30 days following the
fourth and final publication of this notice, and must include the person’s name, address,
telephone number, and a brief statement as to the nature of the objection.
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This Rider is attached to and made a part of the Surety Bond-Mining (General),
Bond No. __________, dated ____________________, __________ submitted by
______________________________ (“Operator” or “Principal”), License No. __________, for
the ______________________________ (Name of Operation Facility), Permit No.
It is hereby understood, acknowledged and agreed by the Operator and the Surety that the
attached Surety Bond, Surety Bond-Mining (General) Bond No. _______________ is amended
Under provisions of Paragraph 3 (Default), the Department of Environmental Protection,
formerly known as the Department of Environmental Resources (“Department”), hereby
designates ______________________________, Trustee (and any successor Trustee) of a
certain Trust, dated ____________________, __________, as the Department’s designee for
the purpose of declaring a forfeiture under the attached Surety Bond. The Surety Bond, as
amended by this Rider, together with the Trust and the Consent Order and Agreement
between the Department and the Operator dated ____________________, __________,
comprise an alternative financial assurance mechanism established for the benefit of the
Department pursuant to the Surface Mining Conservation and Reclamation Act to address
Operator’s legal obligations to treat mine drainage discharges emanating from or
hydrologically connected to sites covered by the permit(s) which are secured under the
attached Surety Bond(s).
In the event a forfeiture is declared by the Trustee, (or any successor Trustee), the Surety
agrees to pay over to the Trustee the amount of the forfeited bond within thirty (30) days
notice by certified mail from the Trustee, for deposit in the Trust.
The Operator and the Surety understand, acknowledge and agree that the Operator’s
reclamation obligations under the permit(s) which are secured by the attached Surety Bond,
and which are obligations of the attached Surety Bond, include the Operator’s legal
obligations to treat postmining discharges of mine drainage and that, notwithstanding
Operator performing any other reclamation obligation, such legal obligations to treat
postmining discharges of mine drainage shall continue under the attached Surety Bond
uninterrupted, undiminished and unimpaired.
The Operator and the Surety hereby agree that any dispute arising under the Trustee’s
declaration of forfeiture shall be adjudicated by the Environmental Hearing Board,
Commonwealth of Pennsylvania in accordance with the Environmental Hearing Board Act.
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The Operator and the Surety understand, acknowledge and agree that the rights and powers
of the Trustee established by this Rider are in addition to and not in lieu of any of the rights
and powers of the Commonwealth of Pennsylvania and/or the Department established in the
attached Surety Bond, such rights and powers of the Commonwealth of Pennsylvania and/or
the Department continue without change or modification, uninterrupted, undiminished and
IN WITNESS WHEREOF, the Operator and Surety have hereunto set their hands and
seals, intending to be legally bound hereby, as of the __________ day of
Attest or Witness:
Attest or Witness:
PENNSYLVANIA RESIDENT AGENT:
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Approved for the Department
Of Environmental Protection:
(Name and Title)
Approved as to legality and form:
Department of Environmental Protection