reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.207 - Grading: alternatives to contouring or terracing

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may approve alternatives to contouring
						  or terracing when the land is proposed to be made suitable, after bank removal
						  and reclamation, for planned or designated industrial, commercial,
						  agricultural, residential, recreational or public use, provided the other
						  applicable requirements of this chapter are met.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.208 - Grading: final slopes

Current through Register Vol. 54, No. 28, July 13, 2024
All final grading shall be done to minimize subsequent
						  erosion and instability. If grading, preparation or placement along the contour
						  is hazardous to equipment operators, the grading, preparation or placement in a
						  direction other than generally parallel to the contour may be used. In all
						  cases, grading, preparation or placement shall be conducted in a manner to
						  minimize slippage.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.209 - Vegetation: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vegetation shall be established on all
						land affected by bank removal and reclamation activities.
(b) Seeding and planting shall provide for a
						diverse, effective and permanent vegetative cover of the same seasonal variety
						native to the area of land to be affected and capable of self-regeneration and
						plant succession at least equal in extent of cover to the natural vegetation of
						the area; except that introduced species may be used in the vegetation process
						when desirable and necessary to achieve the approved postmining land use plan.
						For areas previously disturbed by surface mining activities that were not
						reclaimed to the standards of SMCRA and this chapter, and are proposed to be
						reaffected or redisturbed, the Department may approve a vegetative cover which,
						at a minimum, may not be less than the vegetative cover existing before
						redisturbance and shall be adequate to control erosion and achieve the approved
						postmining land use.
(c) Seeding
						and planting shall provide a quick, fast-growing vegetative cover capable of
						stabilizing the soil surface from erosion.
(d) Seeding and planting shall be completed
						in accordance with the reclamation plan of the permit application as approved
						by the Department.
(e) Vegetation
						shall be consistent with and support the approved postmining land use as
						specified in the permit application.
This section cited in 25 Pa. Code §
														86.151 (relating to period of
							 liability); 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments); and 25 Pa. Code §
														88.237 (relating to haul roads and
							 access roads: restoration).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.210 - Vegetation: timing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Seeding and
						planting of disturbed areas shall be performed no later than the first normal
						period for favorable planting conditions after soil or suitable material
						replacement and final grading of the soil surface.
(b) Seeding and planting of disturbed areas
						shall be coordinated with soil replacement so that a minimum amount of time
						exists between the time that soil or suitable material is replaced and seeding
						and planting are accomplished.
(c)
						The periods for favorable planting of permanent herbaceous species are as
						follows:
(1) The spring planting season shall
						begin as early as soil conditions permit and shall terminate no later than May
						30.
(2) The late summer planting
						season shall begin August 10 and shall terminate no later than September
						15.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.211 - Vegetation: introduced species

Current through Register Vol. 54, No. 28, July 13, 2024
The use of introduced species in the vegetation process
						  may be approved by the Department under the following conditions:
(1) The species have been proven acceptable
						through field trials to be capable of providing permanent vegetation and are
						desirable and necessary to achieve the approved postmining land use.
(2) The species are necessary to achieve a
						quick, temporary and stabilizing cover that aids in controlling erosion; the
						species shall be compatible with the plant and animal species of the region;
						and the species meet the requirements of applicable State and Federal seed or
						introduced species statutes and are not poisonous or noxious.
This section cited in 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.212 - Vegetation: grass, legume and small species and seed standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Legume seed
						shall be inoculated or treated with the specific inoculant for that seed and
						the seed shall be seeded within 24 hours after treatment.
(b) Legume seed of birdsfoot trefoil shall
						contain at least 25% hard seed. All other legume species shall contain the
						highest possible percentage of hard seed.
(c) The species and rate of application of
						each species used in a seed mixture shall be indicated in the planting
						plan.
(d) A schedule for
						revegetation species shall be indicated with the information requested in the
						planting plan and the schedule shall indicate the seed mixture and the time or
						season of the year when the seed mixture will be used.
(e) A pH test for acidity and a nutrient test
						shall be made to determine the lime and fertilizer required to produce and
						sustain a good cover.
(f) Other
						tests may be required by the Department to determine if elements are present
						which are toxic to plants.
(g) All
						soil sample tests shall be made using standard methods approved by the
						Department. A copy of the test shall be submitted to the Department.
This section cited in 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.213 - Vegetation: tree and shrub species and seedling standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A single tree or shrub species may not
						comprise more than 50% of the total number of seedlings planted.
(b) When the approved postmining land use is
						wildlife habitat, unless alternate plans are approved or required by the
						Department, a minimum of 75% of the land affected shall be planted with a
						mixture of woody plant species. Woody plants shall include deciduous and
						coniferous tree species and shrub species which provide a diverse plant
						community.
This section cited in 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments); and 25 Pa. Code §
														88.217 (relating to vegetation:
							 standards for successful
							 vegetation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.214 - Vegetation: seedbed preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The soil surface shall be prepared by
						disking or harrowing unless soil conditions or steep slopes prohibit such a
						practice.
(b) When disking or
						harrowing is not possible, the soil surface shall be scarified by any
						mechanical method which will loosen the surface material. Scarification will
						not be required if seeding is done immediately following final grading when the
						soil is still loose.
This section cited in 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.215 - Vegetation: mulching

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mulch
						shall be applied to regraded areas at rates adequate to control erosion,
						promote germination of seeds and increase the moisture retention of the soil
						except the Department may waive the requirement for mulch under the following
						conditions:
(1) When seeding can be
						accomplished using a conventional agricultural farm drill.
(2) When the approved postmining land use is
						for agricultural row crops.
(3)
						When annual grasses or small grains will be seeded immediately following final
						grading resulting in a quick vegetative cover which will provide adequate soil
						erosion control.
(4) When the
						permittee can demonstrate that alternative procedures will achieve the
						standards for vegetation success.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.216 - Vegetation: periods of responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee shall assume responsibility for
						  successful vegetation for 5 consecutive years after initial planting and the
						  standard for success has been met for 2 consecutive years.
This section cited in 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.217 - Vegetation: standards for successful vegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The standards for successful vegetation
						shall be determined by ground cover, unless the approved postmining land use is
						cropland, in which case the standards shall be based upon crop productivity or
						yield. The standards for successful vegetation of pastureland shall be
						determined by ground cover.
(b) The
						approved standard shall be a minimum of 70% ground cover of permanent plant
						species with not more than 1.0% of the area having less than 30% ground cover
						of permanent plant species. When woody species are planted in mixture with
						permanent plant species, the standards in this subsection shall be met, and 400
						woody plants per acre shall be established except:
(1) On slopes greater than 20 degrees, the
						minimum number of woody plants shall be 600 per acre.
(2) When the approved postmining land use is
						commercial forest land, the minimum number of woody plants shall be 450 living
						commercial trees per acre.
(3) When
						the approved postmining land use is wildlife habitat, the requirements of
						§
													88.213(b)
						(relating to vegetation: tree and shrub species and seedling standards) apply
						and the areas approved for woody plant species shall have a minimum of 400
						woody plants per acre.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.218 - Vegetation: techniques and frequency of measurement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The techniques proposed to be used by the
						surface mine permittee shall be approved by the Department and shall be
						specified in the planting plan.
(b)
						The permittee shall conduct periodic measurements of vegetation to identify
						conditions during the applicable periods of responsibilities. The permittee
						shall report the findings of these measurements to the Department.
This section cited in 25 Pa. Code §
														88.185 (relating to nutrients and
							 soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.219 - Cessation of operations: temporary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before temporary cessation status of
						operations for a period of 30 days or more, an operator shall submit to the
						Department a notice of intention to temporarily cease operations. The notice
						shall include a statement of the exact number of acres affected in the permit
						area, the extent and kind of reclamation of the areas and identification of the
						backfilling, regrading, revegetation, environmental monitoring, and water
						treatment activities that will continue during the temporary cessation
						status.
(b) Temporary cessation
						status of operations does not relieve the operator of the obligations to comply
						with the acts as defined in §
												86.1 (relating to definitions),
						Chapters 86-90, or the approved permit, including the obligation to submit an
						application for permit renewal at least 180 days before the expiration of the
						existing permit. The Department may enforce these obligations during the
						temporary cessation status of operations.
(c) Temporary cessation status will end with
						the resumption of coal extraction. Any subsequent notices of temporary
						cessation status must include updated information outlined in subsection
						(a).
(d) Temporary cessation status
						will terminate where the Department finds a failure to comply with the acts as
						defined in §
												86.1, Chapters 86-90, or the
						approved permit. Termination of temporary cessation status due to failure to
						comply with the acts as defined in § 86.1, Chapters 86-90, or the approved
						permit will place the mining operation in permanent cessation status, subject
						to the provisions of §
												88.220 (relating to cessation of
						operations: permanent).
The provisions of this §
														88.219 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.220 - Cessation of operations: permanent

Current through Register Vol. 54, No. 28, July 13, 2024
Operations that are permanently ceased shall be
						  backfilled or closed or otherwise permanently reclaimed in accordance with this
						  chapter and the permit. All underground openings, equipment, structures or
						  other facilities not required for monitoring, unless approved by the Department
						  as suitable for the postmining land use, shall be removed and the affected land
						  reclaimed.
This section cited in 25 Pa. Code §
														88.219 (relating to cessation of
							 operations: temporary).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.221 - Postmining land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All affected
						areas shall be restored in a timely manner to conditions that are capable of
						supporting the uses which they were capable of supporting before any mining, or
						to higher or better uses achievable under criteria and procedures of this
						section, and prior to the release of land from permit area in accordance with
						Chapter 86, Subchapter F (relating to bonding and insurance
						requirements).
(b) The premining
						use of land to which the postmining land use is compared shall be determined by
						the following:
(1) The postmining land use for
						land that has not been previously mined and has been properly managed shall be
						judged on the basis of uses which the land previously supported.
(2) The postmining land use for land that has
						been previously mined and not reclaimed shall be judged on the condition prior
						to mining or to a higher or better use that can be achieved and is compatible
						with surrounding areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.232 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.233 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.234 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.235 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.236 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.237 - Haul roads and access roads: restoration

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the Department approves retention of a road as
						  suitable for the approved postmining land use in accordance with §
												88.221 (relating to postmining
						  land use), as soon as practicable after the road is no longer needed for the
						  associated surface mining activities:
(1) The road shall be physically closed to
						vehicular traffic.
(2) The road and
						adjacent slopes shall be regraded to blend with the natural contours and
						drainage pattern.
(3) All bridges
						and culverts shall be removed.
(4)
						Cross drains, dikes and water bars shall be constructed to minimize
						erosion.
(5) All disturbed areas
						shall be revegetated in accordance with §
												88.209 (relating to vegetation:
						general requirements).
(6) All
						excess material and debris shall be disposed of in a manner approved by the
						Department.
This section cited in 25 Pa. Code §
														88.231 (relating to haul roads and
							 access roads: general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.238 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.239 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.240 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.241 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.242 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.243 - Common use roads

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Operators
						using common use roads to service their permit areas shall be responsible for
						maintaining the roads in a stable and safe condition throughout the life of the
						permit.
(b) Common use roads may
						not require bonding or restoration by the operator, however, the bond on the
						permit area shall not be released until the haul road is left in a condition
						equal to the condition of the road before operations began.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.281 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts coal refuse disposal activities
						  shall comply with the performance standards and design requirements of this
						  subchapter, §§
												90.5,
						  90.49,
						  90.50 and Chapter 90, Subchapters
						  E-G.
(1) Disposal of coal refuse in an
						active surface mine shall comply with the performance standards in Subchapter B
						(relating to surface anthracite coal mines: minimum environmental protection
						performance standards) and §
												88.315 (relating to coal refuse
						disposal: active surface mines).
(2) Disposal of coal refuse in an active bank
						removal operation shall comply with the performance standards of Subchapter C
						(relating to anthracite bank removal and reclamation: minimum environmental
						protection performance standards).
(3) Disposal of coal refuse in an abandoned
						or active underground coal mine shall comply with the performance standards in
						Subchapter F (relating to anthracite underground mines).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.282 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						who conducts surface mining activities shall identify the operation for the
						duration of the surface mining activities by posting and maintaining a sign
						which will be clearly visible at the junction of each actively used haul road
						and public road. The sign shall be constructed of a durable weather resistant
						material at a minimum size of 2 feet by 3 feet with a light background and
						contrasting letters and numbers of a minimum height of 1 1/2 inch that can be
						easily seen and read. The sign shall show the name, business address and
						telephone number of the person who conducts the surface mining activities and
						the identification number of the current permit authorizing surface mining
						activities.
(b) If blasting is
						conducted as part of the operation, the person who conducts the refuse disposal
						activities shall post and maintain the following signs and markers:
(1) When electric blasting operations are
						located near highways or other public ways, signs shall be erected at least 500
						feet from the blast areas reading: "BLAST AREA-SHUT OFF ALL TWO-WAY RADIOS."
						The letters of these signs may be not less than 4 inches in height on a
						contrasting background.
(2) The
						premises on which explosives are kept or stored must be conspicuously defined
						and marked by signs containing the words "EXPLOSIVES-KEEP OFF". These signs may
						not be placed on magazines, but shall be located so that a bullet passing
						through the sign will not strike a magazine.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.283 - Sealing of drilled holes: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each exploration hole, other drill or
						borehole, well or other exposed underground opening (except for holes solely
						drilled and used for blasting) shall be sealed, backfilled or otherwise
						managed, as approved by the Department to:
(1)
						Prevent acid or other toxic drainage from entering groundwaters or surface
						waters.
(2) Minimize disturbance to
						the prevailing hydrologic balance.
(3) Ensure the safety of people, property,
						livestock, fish and wildlife and machinery in the permit and adjacent
						areas.
(4) Prevent groundwaters and
						surface water from entering underground mine workings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.284 - Sealing of drilled holes and exploratory openings: temporary

Current through Register Vol. 54, No. 28, July 13, 2024
Drilled holes and boreholes to be used to return coal
						  refuse to abandoned underground workings, and wells to be used to monitor
						  groundwater conditions, shall be temporarily sealed before use and protected
						  during use by barricades or fences, or other protective devices approved by the
						  Department. The devices shall be periodically inspected and maintained in good
						  operating condition by the person who conducts the surface mining activities.
The provisions of this §
														88.284 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.285 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.286 - Vegetation-supporting material: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Soil, in an amount sufficient to ensure ample material
						  for vegetation, shall be removed, conserved and redistributed for the final
						  surface layer. If soil is unavailable, suitable mine spoil or other materials
						  which will support vegetation shall be conserved and redistributed as the final
						  surface.
This section cited in 25 Pa. Code §
														88.287 (relating to
							 vegetation-supporting material: available soil
							 removal).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.287 - Vegetation-supporting material: available soil removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Available soil, as required by §
												88.286 (relating to
						vegetation-supporting material: general requirements), shall be removed from
						the area to be disturbed prior to any refuse disposal.
(b) In the event that removal of vegetative
						matter, soil or other materials may result in erosion which may cause air or
						water pollution, the size of the area from which soil is removed at any one
						time shall be limited and such other measures shall be taken as the Department
						may approve or require to control erosion.
(c) If the soil is less than 12 inches in
						depth, sufficient soil and unconsolidated material immediately below the soil
						shall be removed to provide a 12-inch layer when redistributed as the final
						surface.
(d) On areas that have
						been previously affected by mining or refuse disposal activities with no
						available soil, the spoil material best suited to support vegetation shall be
						conserved for redistribution as the final surface.
This section cited in 25 Pa. Code §
														88.509 (relating to criteria and
							 schedule for release of bonds on pollution abatement
							 areas).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.288 - Vegetation-supporting material: soil storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Soil and other vegetation-supporting
						materials shall be redistributed or stockpiled for redistribution.
(b) Stockpiled materials shall be selectively
						placed on a stable area within the permit areas and located where the material,
						unless approved by the Department, will not be moved until required for
						redistribution or otherwise disturbed by the refuse disposal
						activities.
(c) Stockpiled material
						shall be protected from wind and water erosion, unnecessary compaction and
						contaminants which lessen the capability of the materials to support vegetation
						when redistributed. Protective measures shall be accomplished by one of the
						following:
(1) Seeding or planting an
						effective cover of nonnoxious, quick-growing annual or perennial species, or
						both.
(2) Other methods
						demonstrated to, and approved by, the Department to provide equal
						protection.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.289 - Vegetation-supporting material: soil redistribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to redistribution of soil or other
						suitable material, the regraded land shall be scarified or otherwise treated as
						required by the Department to eliminate slippage surfaces and to promote root
						penetration.
(b) Soil and other
						suitable materials shall be redistributed in a manner that:
(1) Achieves an approximate uniform, stable
						thickness consistent with the approved postmining land uses, contours and
						surface water drainage system.
(2)
						Prevents excess compaction of the soil and other suitable materials.
(3) Protects the soil and other suitable
						materials from wind and water erosion before and after it is seeded and
						planted.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.290 - Vegetation-supporting material: nutrients and soil amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nutrients and soil amendments in the
						amounts determined by soil tests shall be applied to the surface soil layer so
						that it supports the revegetation requirements of §§
						88.322-88.331.
(b) All soil tests
						shall be performed using standard methods approved by the Department. Results
						of soil tests shall be reported to the Department.
(c) Agricultural lime or limestone used for
						neutralizing soil acidity shall be of sufficient fineness so that a minimum of
						95% will pass through a 20 mesh sieve and shall contain sufficient calcium and
						magnesium to be equivalent to not less than 80% calcium carbonate. An alternate
						material of equivalent neutralizing effect may be employed.
(d) The use of fly ash and sewage sludge as
						soil amendments may be approved by the Department if demonstrated to be a
						suitable soil amendment and meets the requirements of Subpart D, Articles VIII
						and IX (relating to municipal waste; and residual waste management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.291 - Hydrologic balance: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal refuse disposal activities shall be
						planned and conducted to minimize disturbances to the prevailing hydrologic
						balance in the permit and adjacent areas and to prevent material damage to the
						hydrologic balance outside the permit area. The Department may require
						additional preventive, remedial or monitoring measures to assure that material
						damage to the hydrologic balance outside the permit area is
						prevented.
(b) Prevent pollution of
						water and prevent, to the maximum extent possible, changes to water quality and
						quantity, the depth to groundwater and in the location of surface water
						drainage channels so that the approved post disposal land use of the permit
						areas is not adversely affected.
(c) The treatment requirements and effluent
						limitations established under §
												88.192 (relating to hydrologic
						balance: treatment facilities) may not be violated.
(d) Each person who conducts surface mining
						and reclamation activities shall conduct the mining and reclamation operation
						to prevent water pollution and, if necessary, operate and maintain the
						necessary water treatment facilities until applicable treatment requirements
						and effluent limitations established under §
												88.192 are achieved and
						maintained. If these practices are not adequate, the person who conducts bank
						removal and reclamation activities shall provide the necessary water treatment
						facilities to obtain the applicable water quality standards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.292 - Hydrologic balance: effluent standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Groups of effluent
						criteria
. A person may not allow a discharge of water from an area
						disturbed by mining activities which exceeds the following groups of effluent
						criteria. The effluent limitations shall be applied under subsection (b).
Group A
Parameter
30-day Average
Daily
								  Maximum
Instantaneous Maximum
iron (total)
3.0 mg/l
6.0 mg/l
7.0 mg/l
manganese (total)
2.0 mg/l
4.0
								  mg/l
5.0 mg/l
suspended solids
35 mg/l
70 mg/l
90 mg/l
pH 
								  1
greater than 6.0; less than 9.0
alkalinity greater than acidity 
								  1
1 This
								  parameter is applicable at all times.
Group B
Parameter
Instantaneous Maximum
iron (total)
7.0 mg/l
settleable solids
0.5 ml/l
pH
greater than 6.0; less
								  than 9.0
alkalinity greater than acidity
Group C
Parameter
Instantaneous Maximum
pH
greater than 6.0; less
								  than 9.0
alkalinity greater than acidity
(b)
Effluent limitations and
						precipitation exemptions.
Effluent limitations and precipitation
						exemptions include the following:
(1) The
						discharges specified in this subsection shall comply with the effluent
						limitations in this section.
Type of Discharge
Precipitation Effluent
Effluent
								  Limitations
Drainage from coal refuse disposal
								  piles
dry weather and less than or equal to 1yr-24hr
								  greater than 1yr-24hr to less than or equal to 10yr-24hr greater than 10yr-24
								  hr
Group A
Group B
Group C
Surface runoff from active
								  area
dry weather less than or equal to 10yr-24hr greater
								  than 10yr-24hr
Group A
Group B
Group C
Surface runoff from area where Stage
								  2 standards achieved
dry weather less than or equal to
								  10yr-24 hr greater than 10yr-24hr
Group A
Group B
Group C
All other discharges
dry weather less than or equal to 10yr-24 hr greater than
								  10yr-24hr
Group A
Group B
Group C
(2) To be entitled to the effluent
						limitations in Group B or Group C, the permittee shall comply with §
													88.293 (relating to hydrologic
						balance: precipitation event exemption).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.293 - Hydrologic balance: precipitation event exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To establish the alternative effluent
						limitations of Group B or C in §
												88.292(a)
						(relating to hydrologic balance: effluent standards), a permittee shall
						demonstrate to the Department's satisfaction that a precipitation event has
						occurred under this section.
(1) The
						occurrence of a precipitation event greater than a 10-year, 24-hour
						precipitation event may be demonstrated by meeting the requirements of
						subsections (b)-(d) for each discharge that exceeds the effluent limits
						specified in §
													88.292, unless the permit
						specifies a more stringent water quality based effluent limitation, in which
						case no exemption will be available under this section. If the permittee
						demonstrates to the Department's satisfaction that a greater than 10-year,
						24-hour precipitation event has occurred, the permittee shall meet the effluent
						limitation of Group C in §
													88.292 (a).
(2) The occurrence of a precipitation event
						equal to or less than a 10-year, 24-hour precipitation event may be
						demonstrated by meeting the requirements of subsections (c) and (d) for each
						discharge that exceeds the effluent limits specified in § 88.292, unless
						the permit specifies a more stringent water quality based effluent limitation,
						in which case no exemption will be available under this section. If the
						permittee demonstrates to the Department's satisfaction that a precipitation
						event equal to or less than a 10-year, 24-hour precipitation event has
						occurred, the permittee shall meet the effluent limitations of Group B in
						§ 88.292(a).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.294 - Hydrologic balance: stream diversions

Current through Register Vol. 54, No. 28, July 13, 2024
Diversions of flow from perennial and intermittent
						  streams shall meet the requirements of Chapter 105 (relating to dam safety and
						  waterway management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.295 - Hydrologic balance: diversions and conveyances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface water and shallow groundwater
						flow from undisturbed areas which will drain into the affected area shall be
						intercepted and diverted away from the disturbed area by means of
						diversion.
(b) Diversions shall be
						designed, constructed and maintained using current engineering practices to
						pass safely the peaks runoff from a precipitation event with a 2-year
						recurrence interval for temporary diversions and 10-year recurrence interval
						for permanent diversion. If necessary to protect public health and safety or
						prevent pollution, a larger event shall be used.
(c) All soil shall be removed, stored on a
						stable site and protected against erosion and compaction until restoration of
						the diversion.
(d) Any diversion
						shall be vegetated or otherwise stabilized to prevent erosion or contributions
						of sediment to stream or runoff outside the affected area. Asphalt, concrete or
						other similar lining shall only be used when approved by the Department. Riprap
						shall be nondegradable, nonacid or toxic-forming rock that will not slake and
						will be free of coal, clay or shale.
(e) A diversion may not be located in a
						manner that increases the potential for landslides or other offsite
						damage.
(f) Excess material shall
						be placed in the backfilling, or at an excess spoil disposal area.
(g) When no longer needed, the diversion
						shall be regraded to blend with the natural contours and drainage pattern, and
						revegetated in accordance with the requirements of this subchapter.
(h) Diversions may not be constructed or
						operated to divert water into underground mines without the approval of the
						Department. Such discharges must meet the requirements of this
						chapter.
(i) Diversions shall not
						be constructed or operated to divert water into underground mines without the
						approval of the Department.
This section cited in 25 Pa. Code §
														88.502 (relating to definitions);
							 and 25 Pa. Code §
														88.507 (relating to treatment of
							 discharges).