§ 800.13 - Period of liability.

§ 800.13 What is the liability period for a performance bond?Period of liability.

(a)

(1) Liability under the performance bond will Performance bond liability shall be for the duration of the surface coal mining and reclamation operation and for a period which is coincident with the operator's period of extended responsibility for successful revegetation under provided in § 816.115116 or § 817.115 116 of this chapter or until achievement of the reclamation requirements of the Act, regulatory program programs, and the permit, whichever is later.

(2) With the approval of the regulatory authority, you may post a performance bond may be posted and approved to guarantee specific phases of reclamation within the permit area , provided that the sum of the phase bonds posted equals or exceeds the total performance bond amount required under §§ 800.14 and 800.15 of this part. The scope of work to be guaranteed and the liability assumed under each phase bond must shall be specified in detail.

(b) Isolated and clearly defined portions of the permit area requiring extended liability may be separated from the original area and bonded separately with the approval of the regulatory authority, with the following provisos:

(1) These areas must

. Such areas shall be limited in extent and not constitute a scattered, intermittent, or checkerboard pattern of failure.

(2) The regulatory authority must include any necessary access roads or routes

Access to the separated areas for remedial work may be included in the area under extended liability if deemed necessary by the regulatory authority.

(c) If the regulatory authority approves a long-term, intensive agricultural postmining land use, the revegetation responsibility period specified under in accordance with § 816.115133 or § 817.115 133 of this chapter will start on the , the applicable 5 or 10 year period of liability shall commence at the date of initial planting for the such long-term agricultural use.

(d)

(1) The bond liability of the permittee includes shall include only those actions that the permittee is required to perform which he or she is obligated to take under the permit and regulatory program to complete , including completion of the reclamation plan for the area covered by the bond.

(2) The performance bond does not cover implementation of the approved postmining land use or uses. The permittee is responsible only for restoring the site to conditions capable of supporting the uses specified in

, so that the land will be capable of supporting the postmining land use approved under § 816.133 or § 817.133 of this chapter.

(

3) Performance bond liability for prime farmland historically used for cropland includes meeting the productivity requirement

2) Implementation of an alternative postmining land use approved under §§ 816.133(c) and 817.133(c) which is beyond the control of the permittee, need not be covered by the bond. Bond liability for prime farmland shall be as specified in § 800.

42

40(c)

of this part.

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2)

Section 800.18 of this part specifies the liability for long-term treatment of discharges.

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[48 FR 32959, July 19, 1983, as amended at 81 FR 93381, Dec. 20, 2016; 82 FR 54972, Nov. 17, 2017]