SECTION 12.306. Period of Liability

(a) Liability under the performance bond(s) shall continue until all reclamation, restoration and abatement work required of persons who conduct surface coal mining and reclamation operations under requirements of the Act, this chapter (relating to Coal Mining Regulations), and the provisions of the permit has been completed, and the permit terminated by release of the permittee from any further liability in accordance with §§12.312 and 12.313 of this title (relating to Procedures, Criteria, and Schedule for Release of Performance Bond).

(b) The period of liability shall continue in areas with more than 26.0 inches average annual precipitation, for not less than 5 years and in areas of 26.0 inches or less average annual precipitation for not less than 10 years.

(c) A portion of a bonded area requiring extended liability because of augmentation may be separated from the original area and bonded separately upon approval by the Commission.

(d) If the Commission approves a long-term intensive agricultural post-mining land use, in accordance with §12.399 of this title (relating to Postmining Land Use), the applicable five- or ten-year period of liability shall commence at the date of initial planting.

(e) The Commission shall cause all or part of a bond to be forfeited consistent with §§12.314-12.317 of this title (relating to Performance Bond Forfeitures Criteria and Procedures). Actions of third parties which are beyond the control of the operator and for which the operator is not responsible under the permit need not be covered by the bond.

Source Note: The provisions of this §12.306 adopted to be effective April 7, 1997, 22 TexReg 3093.