Form 5600-FM-BMP0406 "Collateral Bond-Mining (General)" - Pennsylvania

What Is Form 5600-FM-BMP0406?

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 Form 5600-FM-BMP0406 "Collateral Bond-Mining (General)" - Pennsylvania

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5600-FM-BMP0406
Rev. 1/2014
COMMONWEALTH OF PENNSYLVANIA
7C-FA-9.0
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF MINING PROGRAMS
COLLATERAL 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")
WHEREAS, reference is made to the following statutes herein:
(1)
The Act of June 22, 1937, P.L. 1937, 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-BMP0406
Rev. 1/2014
COMMONWEALTH OF PENNSYLVANIA
7C-FA-9.0
DEPARTMENT OF ENVIRONMENTAL PROTECTION
BUREAU OF MINING PROGRAMS
COLLATERAL 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")
WHEREAS, reference is made to the following statutes herein:
(1)
The Act of June 22, 1937, P.L. 1937, 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-BMP0406
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 the Operator is held and firmly bound unto
the Department, in the just sum of
Dollars ($
), to the payment whereof, well and truly to be made, the operator does
hereby bind itself, and its heirs, executors, administrators, assigns and successors, 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, including the payment of civil penalties:
(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
(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.
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5600-FM-BMP0406
Rev. 1/2014
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.
Description of Collateral. For the purpose of securing this obligation, the Operator hereby deposits the
following collateral in lieu of a surety bond, in accordance with the provisions of the Law:
DESCRIPTION OF COLLATERAL
(a)
Negotiable Government Securities
Name of Issue and Bond No.
Face Value
Market Value
Sub Total
(b)
Bank Certificates of Deposit or Bank Irrevocable Letters of Credit
Bank
Certificate/Letter No. Amount
Sub Total
(c)
Cash, Certified Check, Cashier's Check, Treasurer's Check
Bank
Check No.
Amount
Sub Total
Total Amount of Collateral (Add (a), (b) and (c) immediately above)
4.
Phased Deposit Bond. If the Department has authorized a Schedule for Deposit of Collateral (attached
to this bond) for deposit of the collateral required to secure this bond obligation, the Operator agrees to make such
deposits in strict conformity with such schedule as a supplement to such amounts already deposited with the
Department. Failure to promptly deposit collateral in accordance with the schedule shall immediately result in the
acceleration of the obligation to deposit the full remaining amount of collateral and such other penalties as may be
imposed by the Department.
5.
Handling of Collateral by Commonwealth. The Secretary of the Department shall, upon receipt of
deposits of collateral, immediately place the same with the State Treasurer of the Commonwealth of Pennsylvania,
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5600-FM-BMP0406
Rev. 1/2014
who shall receive and hold the same in the name of the Commonwealth for the purposes for which such deposits are
made and in accordance with the terms of this bond. Where negotiable securities deposited mature or are called, the
State Treasurer, at the request of the Operator, may convert such securities into other securities designated by the
Operator and acceptable for deposit under the Law. The Operator hereby nominates, constitutes and appoints the
State Treasurer, its attorney in fact, for the purpose of endorsing and negotiating said securities or any part thereof
and for the purpose of converting the collateral as aforesaid.
6.
Default, Cessation in Business, Insolvency. The operator agrees that any collateral pledged and
assigned to the Department to secure the obligations hereunder is held by the Department in trust to assure such
obligations are performed, fulfilled, and complied with. The Operator hereby agrees that, upon cessation of business
or insolvency of the operator, all of the operator's right, title and interest in such collateral shall immediately vest in
the Department such that the Department has full ownership thereof. 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 of
the Department, or his designee, the Operator hereby authorizes and empowers the State Treasurer, its attorney in
fact, to liquidate the said collateral and deposit the proceeds to the account of the Department. Any interest or
income accruing to such collateral shall be deemed property of the Commonwealth after the forfeiture.
7.
Events Not Affecting Bond Liability. The operator agrees that its 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.
8.
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.
9.
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.
10.
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)
Type of Bond
Surety Bond
(Surety/
Name of
Type of
No./ Collateral
Dollar
Date of Bond
Collateral)
Surety/Bank/Govt. Issuer
Collateral
ID No.
Amount
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5600-FM-BMP0406
Rev. 1/2014
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.
:
(former operator Mining Permit No.)
issued on
(date of issuance of former operator Mining Permit)
(In the table below, list bonds for the former operator)
Type of Bond
Surety Bond
(Surety/
Name of
Type of
No./ Collateral
Dollar
Date of Bond
Collateral)
Surety/Bank/Govt. Issuer
Collateral
ID No.
Amount
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.
11.
Attachments (check one or more, if applicable):
(a)
Assignment of Certificate of Deposit
(b)
Bond Amendment - Change in Permit Acreage
(c)
Schedule for Deposit of Collateral
12.
Headings. The paragraph headings herein are for descriptive purposes only and are intended to have
no legal force or effect.
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