Form 5600-FM-BMP0405 "Surety Bond-Mining (General)" - Pennsylvania

What Is Form 5600-FM-BMP0405?

This is a legal form that was released by the Pennsylvania Department of Environmental Protection - a government authority operating within Pennsylvania. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2014;
  • The latest edition provided by the Pennsylvania Department of Environmental Protection;
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Download a printable version of Form 5600-FM-BMP0405 by clicking the link below or browse more documents and templates provided by the Pennsylvania Department of Environmental Protection.

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Download Form 5600-FM-BMP0405 "Surety Bond-Mining (General)" - Pennsylvania

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5600-FM-BMP0405
Rev. 1/2014
COMMONWEALTH OF PENNSYLVANIA
7C-FA-4.0
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF MINING PROGRAMS
SURETY BOND-MINING
(GENERAL)
To be completed by Operator:
To be completed by Department of Environmental Protection:
(1) Name of Operator:
License No.
Permit No.
(2) Purpose (check one or more if applicable)
(a) Original Application for Permit
Date(s) and Amount(s) of Bond Release:
(b) Additional Bond
(c) Replacement Bond
(d) Transfer of Permit
(e) Water Supply Replacement Bond
(3) Name of Operation Facility
Date(s) and Amount(s) of Bond Rollover:
(4) Type of Mineral
(if applying for an underground mining
permit, indicate "anthracite coal" or
"bituminous coal")
To be completed by Surety Company:
Bond No.
WHEREAS, reference is made to the following statutes herein:
(1)
The Act of June 22, 1937, P.L. 1987, as amended, known and referred to herein as the "Clean Streams
Law" (35 P.S. §691.1 et seq.);
(2)
The Act of May 31, 1945, P.L. 1198, as amended, known and referred to herein as the "Surface Mining
Conservation and Reclamation Act" (52 P.S. §1396.1 et seq.);
(3)
The Act of January 8, 1960, P.L. 2119, as amended, known and referred to herein as the "Air Pollution
Control Act" (35 P.S. §4001 et seq.);
(4)
The Act of September 24, 1968, P.L. 1040, as amended, known and referred to herein as the "Coal
Refuse Disposal Control Act" (52 P.S. §30.51 et seq.);
(5)
The Act of November 26, 1978, P.L. 1375, as amended, known and referred to herein as the "Dam
Safety and Encroachments Act" (32 P.S. §693.1 et seq.);
(6)
The Act of July 7, 1980, P.L. 380, known and referred to herein as the "Solid Waste Management Act"
(35 P.S. §6018.101 et seq.); and
(7)
The Act of December 19, 1984, P.L. 1093, known and referred to herein as the "Noncoal Surface Mining
Conservation and Reclamation Act" (52 P.S. §3301 et seq.); and
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5600-FM-BMP0405
Rev. 1/2014
COMMONWEALTH OF PENNSYLVANIA
7C-FA-4.0
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF MINING PROGRAMS
SURETY BOND-MINING
(GENERAL)
To be completed by Operator:
To be completed by Department of Environmental Protection:
(1) Name of Operator:
License No.
Permit No.
(2) Purpose (check one or more if applicable)
(a) Original Application for Permit
Date(s) and Amount(s) of Bond Release:
(b) Additional Bond
(c) Replacement Bond
(d) Transfer of Permit
(e) Water Supply Replacement Bond
(3) Name of Operation Facility
Date(s) and Amount(s) of Bond Rollover:
(4) Type of Mineral
(if applying for an underground mining
permit, indicate "anthracite coal" or
"bituminous coal")
To be completed by Surety Company:
Bond No.
WHEREAS, reference is made to the following statutes herein:
(1)
The Act of June 22, 1937, P.L. 1987, as amended, known and referred to herein as the "Clean Streams
Law" (35 P.S. §691.1 et seq.);
(2)
The Act of May 31, 1945, P.L. 1198, as amended, known and referred to herein as the "Surface Mining
Conservation and Reclamation Act" (52 P.S. §1396.1 et seq.);
(3)
The Act of January 8, 1960, P.L. 2119, as amended, known and referred to herein as the "Air Pollution
Control Act" (35 P.S. §4001 et seq.);
(4)
The Act of September 24, 1968, P.L. 1040, as amended, known and referred to herein as the "Coal
Refuse Disposal Control Act" (52 P.S. §30.51 et seq.);
(5)
The Act of November 26, 1978, P.L. 1375, as amended, known and referred to herein as the "Dam
Safety and Encroachments Act" (32 P.S. §693.1 et seq.);
(6)
The Act of July 7, 1980, P.L. 380, known and referred to herein as the "Solid Waste Management Act"
(35 P.S. §6018.101 et seq.); and
(7)
The Act of December 19, 1984, P.L. 1093, known and referred to herein as the "Noncoal Surface Mining
Conservation and Reclamation Act" (52 P.S. §3301 et seq.); and
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5600-FM-BMP0405
Rev. 1/2014
WHEREAS,
("Operator"),
(Name of Mine Operator)
(1)
a Corporation, incorporated under the laws in the State of
, or
(Name of State)
(2)
a(n)
(Limited/General Partnership, Limited Liability Company, or Individual)
with its principal place of business at
,
(Operator Address)
has filed with the Department of Environmental Protection ("Department") an application for
(check only one)
(1)
a coal surface mining permit ("Permit") under the Surface Mining Conservation and Reclamation
Act;
(2)
a coal underground mining permit ("Permit") under the Surface Mining Conservation and
Reclamation Act and the Clean Streams Law;
(3)
a coal preparation plant permit ("Permit") under the Surface Mining Conservation and Reclamation
Act and the Clean Streams Law;
(4)
a coal refuse disposal control permit ("Permit") under the Coal Refuse Disposal Control Act;
(5)
a noncoal surface mining permit ("Permit") under the Noncoal Surface Mining Conservation and
Reclamation Act; or
(6)
a noncoal underground mining permit ("Permit") under the Clean Streams Law;
in which the operator proposed to affect
acres of land
(Number of Acres)
in
Township,
County,
Commonwealth of Pennsylvania.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that we, the Operator, as principal, and
(Name of Surety Company)
with its principal place of business at
,
(Surety Address)
licensed to do business in the Commonwealth of Pennsylvania, and approved by the Secretary of the Department of
Environmental Protection, as surety, are held and firmly bound unto the Department, in the just and full sum of
Dollars ($
),
to the payment whereof, well and truly to be made, we bind ourselves, and our heirs, executors, administrators,
assigns and successors, jointly and severally, firmly by these presents:
1.
Condition of the Obligation. If the operator shall faithfully perform and conform to all of the applicable
requirements of the following:
(a)
the Clean Streams Law;
(b)
the Surface Mining Conservation and Reclamation Act;
(c)
the Air Pollution Control Act;
(d)
the Coal Refuse Disposal Control Act;
(e)
the Dam Safety and Encroachments Act;
(f)
the Noncoal Surface Mining Conservation and Reclamation Act (applicable only to applicants for
noncoal surface mining permits);
(g)
the Solid Waste Management Act.
(the statutes described in (a) through (g), inclusive, immediately above, collectively called the
"Acts");
(h)
all amendments and additions hereafter made to the Acts and all statutes enacted as substitutes
or replacement for the Acts;
(i)
all rules and regulations now or hereafter promulgated under the Acts;
(j)
the terms and conditions of the Permit, and all amendments or additions thereto; and
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5600-FM-BMP0405
Rev. 1/2014
(k)
all Department orders issued relating to Operator conduct under the Permit.
(the requirements described in (a) through (k), inclusive, immediately above, collectively called
the "Law"); then this obligation shall be null and void, otherwise to be and remain in full force and effect.
2.
Amount and Duration of Bond Liability. Liability upon this bond shall be for the amount specified
herein, and that amount shall become a part of the total bond for the acreage specified herein for the permit for which
the total bond applies, such liability shall apply to that acreage for the permit, including any and all prior or
subsequent authorizations to mine or otherwise operate under that permit. Liability upon this bond shall continue for
the duration of mining activity, including its reclamation as provided in the law, the regulations adopted thereunder
and the conditions of the permit, at the operation conducted hereunder and for a period of five (5) years thereafter,
unless released in whole or in part by the Department, in writing, prior thereto, as provided by the Law. Such amount
released shall be a credit upon the total amount of the bond. It is hereby acknowledged and agreed by and among
the parties that the liability upon this bond is a penal sum, and as such the Commonwealth retains a property interest
in such surety guarantee, as provided by the law. Liability under this bond is not affected by the operator not
renewing this permit.
3.
Default. Upon the happening of any default of the provisions, conditions and obligations assumed under
this bond and the declaration of a forfeiture by the Secretary, or his designee, the operator and the surety hereby
authorize and empower the Attorney General of the Commonwealth of Pennsylvania, or any other attorney of any
court of record in Pennsylvania or elsewhere, by him deputized for the purpose, to appear for and confess judgment
against the operator and/or the surety, their heirs, executors, administrators, successors or assigns, in favor of the
Commonwealth for any sum or sums of money which may be due hereunder, with or without defalcation or
declaration filed, with interest and cost, with release of errors, without stay of execution, and with ten percent (10%)
added for collection fees, and for the exercise of this power, this instrument, or a copy thereof, any rule of court to the
contrary notwithstanding, shall be full warrant and authority. This power shall be inexhaustible. The operator and
surety further agree that execution may issue upon judgment so confessed for the full amount of money and accrued
interest that is owing from the operator and/or the surety to the Commonwealth, with costs and collection fee, upon
filing information in writing in the court where such judgment shall be entered.
4.
Events Not Affecting Bond Liability. The operator and the surety agree that their liability hereunder
shall not be impaired or affected by (1) any renewal or extension of the time for performance of any of the provisions,
conditions or obligations upon which this bond is based; or (2) any forbearance or delay in declaring this bond to be
forfeit or in enforcing payment on this bond.
5.
Surety Right to Cover. The corporate surety shall have the option of reclaiming the forfeited site, in lieu
of paying the bond amount to the Department, upon the consent and approval of the Department.
6.
Additional Bond. The Department reserves the right to require additional bonding from the operator, as
provided by the Law, which shall be a supplement to and augment the bond liability provided herein.
7.
Remedies. Nothing herein shall limit or preclude the Department from seeking any remedy, in addition
to the forfeiture of this bond, which may be authorized or provided by law.
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5600-FM-BMP0405
Rev. 1/2014
8.
Additional Bond/Replacement Bond/Transfer of Permit/Pre-Existing Mining Liability (check one or
more, if applicable):
(a)
Additional Bond. This bond is submitted pursuant to Mining Permit No.
,
originally issued on
.
This bond assumes and covers any and all liability and obligations accrued and to be
accrued under the Law from the above permit issuance date until such time as the
Department shall release, in writing, this bond of such liability and obligations. This bond is
an additional bond, supplementing all other bonding posted or to be posted for the Permit.
(b)
Replacement Bond. This bond is submitted pursuant to Mining Permit No.
,
originally issued on
.
This bond assumes and covers any and all liability and obligations accrued and to be
accrued under the Law from the above permit issuance date until such time as the
Department shall release, in writing, this bond of such liability and obligations. This bond
replaces the following existing bonds:
(in the table below, list bonds to be replaced)
Name of
Date of
Type of Bond
Surety/Bank/
Type of
Surety Bond No./
Dollar
Bond
(Surety/ Collateral)
Govt. Issuer
Collateral
Collateral ID No.
Amount
In consideration of the pledge and deposit of this bond, the Department will release the
above-listed existing bonds of all liability under the Law.
(c)
Transfer of Permit. This bond is submitted pursuant to Mining Permit No.
,
to replace the following existing bonds pledged and deposited with the Department by
pursuant to Mining
(name of former operator)
Permit No.
issued on
:
(former operator Mining Permit No.)
(date of issuance of former operator Mining Permit)
(In the table below, list bonds for the former operator)
Name of
Date of
Type of Bond
Surety/Bank/
Type of
Surety Bond No./
Dollar
Bond
(Surety/ Collateral)
Govt. Issuer
Collateral
Collateral ID No.
Amount
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5600-FM-BMP0405
Rev. 1/2014
This bond assumes and covers any and all liability and obligations accrued on the former
operator's mining permit and to be accrued on the Operator's Mining Permit under the Law from
the date of issuance of the former operator's permit until such time as the Department shall
release, in writing, this bond of such liability and obligations. In consideration of the pledge and
deposit of this bond, the Department will release the above listed existing bonds of all liability
under the law.
(d)
Pre-Existing Mining Liability. This bond assumes and covers any and all liability and obligations
under the Law which accrued on the site prior to the issuance of Mining Permit No.
,
at any time, for any reason, and created by anyone, as well as any and all liability and obligations
under the Law to be accrued from the date of issuance of the Permit until such time as the
Department shall release, in writing, such liability and obligations.
9.
Attachments (check one or more, if applicable):
(a)
Surety Power of Attorney
(b)
Bond Amendment - Change in Permit Acreage
10.
Headings. The paragraph headings herein are for descriptive purposes only and are intended to have
no legal force or effect.
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