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deny a self -bond application that met all of the required tests outlined <br />in the rules, but the Director would need to have a very good reason for <br />doing so. <br />North Dakota <br />Self -bonds are allowed and North Dakota's rules state that the <br />Commission "may accept a self -bond". The Commission also has a <br />longstanding informal policy to allow self -bonds up to 90% of the total <br />bond required. The other 10% of bond must be in the form of a surety <br />and/or collateral bond. The rationale for this is to have some of the <br />required bond amount in a form that should be more readily available <br />to address some immediate needs in the unlikely event of the bonds <br />being forfeited at one of North Dakota's large coal mines. The financial <br />health requirements for permittees and third -party guarantors are the <br />same. <br />Ohio <br />Ohio's regulations currently allow for self -bonding. Ohio <br />Administrative Code 1501:13-7-04 details the criteria for the Chief to <br />accept a self -bond from an applicant. The Chief has discretion to refuse <br />to accept self -bond. <br />Pennsylvania <br />Self -bonding is authorized under Pennsylvania's statute and <br />regulations. While there is some discretion, the regulations include <br />criteria that if met by the applicant, would qualify them for self - <br />bonding. Note: no company has ever used self -bonding in <br />Pennsylvania. The regulations are available at this link: <br />http://www.pacode.com/secure/data/025/chapter86/s86.159.html <br />Texas <br />Self bonds and self bonds with third -party guarantee are allowed by the <br />Texas Coal Mining Regulations (TCMR). The Commission has <br />discretion in accepting a self bond or self bond with third -party <br />guarantee, but has accepted them as long as they meet the financial <br />criteria of the TCMR. <br />Utah <br />Self bonds are allowed if a company meets certain financial health <br />standards. <br />Virginia <br />Self -bonds were allowed by Virginia regulations until June 30, 2014. <br />The regulations allowed for self bonds if the financial health standard <br />was met and evidence indicating a history of satisfactory continuous <br />operation. The company also had to be a participant in the Virginia <br />reclamation fund pool. The committee appointed as an advisory <br />committee recommended no additional self bonds be accepted and no <br />additional self bonds have been accepted since that time. <br />West Virginia <br />Yes self -bonding is allowed by West Virginia Surface Mining Rules at <br />38CSR2-11.3.d. Yes, the West Virginia Surface Mining Rules at <br />38CSR2-11.3.d.2 state the Secretary may accept. <br />Self -Bond is defined in the WV rules as "an indemnity agreement in a sum <br />certain payable to the Secretary, executed by the permittee and by each <br />individual and business organization capable of influencing or controlling the <br />investment or financial practices of the permittee by virtue of his authority as <br />an officer or ownership of all or a significant part of the permittee, and <br />