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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.50 - Erosion and sedimentation control plan

Current through Register Vol. 54, No. 28, July 13, 2024
The reclamation plan shall include the necessary
							 information to demonstrate how the proposed sediment control measures will meet
							 the requirements of Chapter 102 (relating to erosion and sediment control) and
							 the additional erosion control requirements of Subchapter B, C or D (relating
							 to surface anthracite coal mines: minimum environmental protection performance
							 standards; anthracite bank removal and reclamation: minimum environmental
							 protection performance standards; and anthracite refuse disposal: minimum
							 environmental protection performance standards).
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.51 - Stream diversions, obstructions and encroachments

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include the necessary
							 information to demonstrate how each proposed water obstruction and encroachment
							 will meet the requirement of Chapter 105 (relating to dam safety and waterway
							 management).
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.52 - Diversions

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall show the manner in which the
							 applicant plans to divert water from entering the operation.
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.53 - Dams, ponds, embankments and impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall include a general
						  plan and a design for each temporary and permanent dam, pond, embankment and
						  impoundment, and coal refuse dam or embankment within the proposed permit
						  area.
(b) The general plan shall
						  contain:
(1) A description, map and cross
						  section of the structure and its location.
(2) Preliminary hydrologic and geologic
						  information required to assess the hydrologic impact of the
						  structure.
(3) A certification
						  statement which includes a schedule setting forth the dates that any detailed
						  design plans for structures that are not submitted with the initial application
						  will be submitted. The detailed design of the structure shall have been
						  approved by the Department, in writing, before construction of structure
						  begins.
(4) A description, map and
						  cross sections of the structure and its location.
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.54 - Surface mining near underground mining

Current through Register Vol. 54, No. 28, July 13, 2024
If coal removal, blasting or drilling is proposed to
							 be conducted close to any point of an active or abandoned underground mine the
							 operation plan shall describe the measures to be used to comply with
							 §§
													88.113 and
							 88.204 (relating to protection of
							 underground mining; and protection of underground mining) and applicable State
							 and Federal laws.
The provisions of this §
															88.54 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).
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.55 - Postmining land uses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plan
						  shall contain a description of the proposed use, following reclamation of the
						  land within the proposed permit area. The description shall also explain:
(1) How the proposed postmining land use is
						  to be achieved and the necessary support activities which may be needed to
						  achieve the proposed land use.
(2)
						  When a land use different from the predisposal land use is proposed, all
						  materials needed for approval of the alternative use under Subchapter B, C or D
						  (relating to surface anthracite coal mines: minimum environmental protection
						  performance standards; anthracite bank removal and reclamation: minimum
						  environmental protection performance standards; and anthracite refuse disposal:
						  minimum environmental protection performance standards).
(3) The consideration which has been given to
						  making all of the proposed activities consistent with surface owner plans and
						  applicable State and local land use plans and programs.
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.56 - Protection of public parks and historic places

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For publicly-owned parks or historic
						  places listed on the National Register of Historic Places that may be adversely
						  affected by the proposed operations, each application shall describe the
						  measures to be used to accomplish the following:
(1) Prevent adverse impacts and meet the
						  requirements of Chapter 86, Subchapter D (relating to areas unsuitable for
						  mining).
(2) Minimize adverse
						  impacts, if valid existing rights exist or joint agency approval is to be
						  obtained under Chapter 86, Subchapter D.
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.57 - Public roads

Current through Register Vol. 54, No. 28, July 13, 2024
The reclamation plan shall include a description and
							 necessary drawings, approved by the Department of Transportation or the
							 municipality, township or county having jurisdiction of the road, if the
							 applicant proposes to relocate a public road, or conduct surface mining
							 activities within 100 feet of the right-of-way of any public road, except where
							 the access of the site joins the right-of-way.
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.58 - Disposal of excess spoil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  reclamation plan shall contain a description, including appropriate maps and
						  cross sections, of the proposed disposal site and design of the spoil disposal
						  structure. The description shall include the geotechnical investigation,
						  design, construction, operation, maintenance and removal, if appropriate, of
						  the site and structures.
(b) When
						  excess spoil will not be used to reclaim nearby abandoned surface mines, the
						  geotechnical investigation of the proposed disposal site shall include the
						  following:
(1) The character of bedrock and
						  any adverse geologic condition in the disposal area.
(2) A survey identifying all springs, seepage
						  and groundwater flow observed or anticipated during wet periods in the area of
						  the disposal site.
(3) A survey of
						  the potential effects of subsidence of the subsurface strata due to past and
						  future mining operations.
(4) A
						  stability analysis, including, but not limited to, strength parameters and
						  long-term seepage conditions. These data shall be accompanied by a description
						  of all engineering design assumptions and calculations and the alternatives
						  considered in selecting the specific design specifications and
						  methods.
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.59 - Coal refuse disposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  reclamation plan shall include the necessary information to demonstrate how the
						  proposed disposal of coal refuse will meet the requirements of Subchapter D
						  (relating to anthracite refuse disposal: minimum environmental protection
						  performance standards).
(b) Coal
						  refuse which is returned to abandoned underground working shall meet those
						  requirements described in Subchapter F (relating to anthracite underground
						  mines).
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.60 - Haul roads, access roads and other transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
For each haul road, conveyor, rail system, access
							 road or other transportation facility, the application shall contain a
							 description of the road or facility and appropriate maps, plans, cross sections
							 and specifications to demonstrate compliance with Subchapter B, C, D or F.
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.41 (relating to operation plan:
								requirements).
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.61 - Prime farmlands

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who conducts or intends to conduct surface mining activities on prime
						  farmland shall submit a plan, as part of the permit application, demonstrating
						  the following:
(1) The land will be restored,
						  within a reasonable time, to equivalent or higher levels of yield as nonmined
						  prime farmland in the surrounding area under equivalent levels of
						  management.
(2) The standards for
						  successful revegetation of §§
														88.129,
						  88.217 and
						  88.330 (relating to revegetation:
						  standards for successful revegetation; vegetation: standards for successful
						  vegetation; and revegetation: standards for successful revegetation) can be
						  achieved.
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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.62 - Fish and wildlife protection and enhancement plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall include a
						  description of how, to the extent possible using the best technology currently
						  available, the operator will minimize disturbances and adverse impacts on fish
						  and wildlife and related environmental values, including compliance with the
						  Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205,
						  87 Stat. 884), during the anthracite mining activities and how enhancement of
						  these resources will be achieved where practicable. This description shall
						  apply, at a minimum, to species and habitats identified under §
													88.33 (relating to fish and
						  wildlife resource information) and include the following:
(1) Protective measures that will be used
						  during the active mining phase of operation. These measures may include the
						  establishment of buffer zones, the selective location and special design of
						  haul roads and powerlines, and the monitoring of surface water quality and
						  quantity.
(2) Enhancement measures
						  that will be used during the reclamation and postmining phase of operation to
						  develop aquatic and terrestrial habitat. These measures may include restoration
						  of streams and other wetlands, retention of ponds and impoundments,
						  establishment of vegetation for wildlife food and cover and the replacement of
						  perches and nest boxes. If the plan does not include enhancement measures, a
						  statement shall be given explaining why enhancement is not
						  practicable.
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.81 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts surface mining activities shall
						  comply with the performance standards and design requirements of this
						  subchapter.
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.82 - 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 1/2 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 surface mining
						activities shall post and maintain signs and markers as required by §
												88.135 (relating to blasting:
						surface blasting requirements).
(c)
						Groundwater and surface water monitoring locations and sampling points used to
						obtain background information shall be clearly marked and identified. The
						identification of monitoring locations and sampling points shall correspond
						with the identification used in the permit application. Markers used to
						identify monitoring locations shall be made of durable material. The Department
						may waive marking requirements in cases where the monitoring location or
						sampling point is obvious or where marking would be objectionable for aesthetic
						reasons.
The provisions of this §
														88.82 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).
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements).
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.83 - Sealing of drilled holes: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An exploration hole, other drill or
						borehole, well or other exposed opening (except for holes solely drilled and
						used for blasting), shall be sealed, backfilled or otherwise managed, as
						approved by the Department, in order to do the following:
(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 groundwater 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.84 - 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.85 - 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.86 - 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 §
														88.87 (relating to
							 vegetation-supporting material: available soil removal); 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.87 - Vegetation-supporting material: available soil removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Available soil, as required by §
												88.86 (relating to
						vegetation-supporting material: general requirements), shall be removed from
						the area to be disturbed prior to any surface mining.
(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 other measures shall be taken that the Department may
						approve or require to control erosion.
(c) If the soil is less than 12 inches in
						depth, all soil and sufficient 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 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 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance standards); and 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.88 - 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 stable area within the permit area and located where the material,
						unless approved by the Department, will not be moved or otherwise distributed
						by the mining activity until required for redistribution on the regraded
						areas.
(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 and perennial
						species.
(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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.89 - Vegetation-supporting material: soil redistribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to redistribution of soil or other
						vegetation-supporting 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 vegetation-supporting
						materials shall be redistributed in a manner that meets the following:
(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 vegetation-supporting
						materials.
(3) Protects the soil
						and other vegetation-supporting 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.90 - 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 approved postmining land use and meets revegetation
						requirements of §§ 88.121-88.130.
(b) Soil tests shall be performed using
						standard methods approved by the Department. Results of a soil test shall be
						submitted 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 89% 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).
This section cited in 25 Pa. Code §
														88.46 (relating to reclamation
							 plan: requirements); 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.91 - Hydrologic balance: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface mining 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. Where
						the area has been previously mined, the surface mining activity shall be
						planned and conducted to maximize the abatement of water pollution and the
						reclamation of the land.
(b)
						Changes in water quality and quantity, the depth to groundwater, and the
						location of surface water drainage channels shall be minimized so that the
						approved postmining land use of the permit area is not adversely
						affected.
(c) The treatment
						requirements and effluent limitations established under §
												88.92 (relating to hydrologic
						balance: effluent standards) may not be violated.
(d) A person who conducts surface mining
						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 §
												88.92 are achieved and maintained.
						If these practices are not adequate, the person who conducts surface mining
						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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.92 - 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 The
								  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 are as follows:
(1) The discharges
						specified in this subsection shall comply with the effluent limitations set
						forth as follows:
Type of Discharge
Precipitation Event
Effluent
								  Limitations
Pit Water
all
Group A
Surface runoff from active
								  area
dry weather
Group A
less than or equal to 10yr-24hr
Group
								  B
greater than 10yr-24hr
Group C
Surface runoff from area where Stage
								  2 standards achieved
dry weather
Group A
less than or equal to 10yr-24hr
Group
								  B
greater than 10yr-24hr
Group C
All other discharges
dry
								  weather
Group A
less than or equal to 10yr-24hr
Group B
greater than 10yr-24hr
Group C
(2) To be entitled to the effluent
						limitations in Group B or Group C, the permittee shall comply with §
													88.93 (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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.93 - 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 §
												88.92(a)
						(relating to hydrologic balance: effluent standards), a permittee shall
						demonstrate to the Department's satisfaction that a precipitation event has
						occurred, under the procedures in 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 §
													88.92, 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 § 88.92(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 § 88.92, 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
						§ 88.92(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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.94 - Hydrologic balance: stream diversions

Current through Register Vol. 54, No. 28, July 13, 2024
Diversion of flow from perennial and intermittent
						  streams shall meet the requirements of Chapter 105 (relating to dam safety and
						  waterway management).
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.95 - Hydrologic balance: diversions

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 peak 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.
This section cited in 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance standards); 25 Pa. Code §
														88.502 (relating to definitions);
							 and 25 Pa. Code §
														88.507 (relating to treatment of
							 discharges).
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.96 - Hydrologic balance: sediment control measures

Current through Register Vol. 54, No. 28, July 13, 2024
Appropriate sediment control measures shall be
						  designed, constructed and maintained to:
(1) Prevent, to the extent possible,
						contributions of sediment to streamflow or to runoff outside the affected
						area.
(2) Meet the treatment and
						effluent requirements of §
												88.92 (relating to hydrologic
						balance: effluent standards).
(3)
						Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102
						(relating to erosion and sediment control).
This section cited in 25 Pa. Code §
														86.149 (relating to determination
							 of bond amount); 25 Pa. Code §
														88.138 (relating to haul roads and
							 access roads: general); and 25 Pa. Code §
														88.381 (relating to general
							 requirements).
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.97 - Hydrologic balance: treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At a minimum, facilities and measures for
						treating discharges from disturbed areas shall be designed, constructed and
						maintained to treat the runoff from a 10-year, 24-hour precipitation event and
						any groundwater contribution.
(b)
						Facilities and measures for treating any discharges shall be based on good
						engineering design and shall include automatic neutralization processes. The
						Department may approve a manual neutralization system if the Department finds
						that:
(1) Small and infrequent treatment is
						needed to meet effluent limitations.
(2) Timely and consistent treatment is
						ensured.
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.98 - Hydrologic balance: sedimentation ponds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All surface drainage from the disturbed
						area-including areas which have been graded, seeded and planted-shall be passed
						through a sedimentation pond or a series of sedimentation ponds before leaving
						the permit area. The Department may waive the required use of sedimentation
						ponds when the person who conducts surface mining activities demonstrates to
						the satisfaction of the Department that sediment ponds are not necessary to
						meet the effluent limitation under §
												88.92 (relating to hydrologic
						balance: effluent standards).
(b)
						Sedimentation ponds shall be constructed before disturbing any area which will
						drain to the pond. The ponds shall be located as near as possible to the area
						to be disturbed and out of perennial and intermittent streams, unless approved
						by the Department. They shall be maintained until the disturbed area has been
						restored and the vegetation requirements have been met.
(c) The following apply to sedimentation
						ponds:
(1) Sediment ponds shall meet the
						requirements of Chapter 102 (relating to erosion and sediment
						control).
(2) Sedimentation ponds
						shall be structurally sound and, at a minimum, meet the requirements of §
													88.102 (relating to hydrologic
						balance: dams, ponds, embankments and impoundments-design, construction and
						maintenance).
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.99 - Hydrologic balance: discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharge from dams, ponds, embankments, impoundments
						  and diversions shall be controlled by energy dissipators, riprap channels or
						  other devices, where necessary, to reduce erosion, to prevent deepening or
						  enlargement of streamchannels and to minimize disturbance of the hydrologic
						  balance. Discharge structures shall be designed according to standard
						  engineering-design procedures.
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.100 - Hydrologic balance: acid-forming and toxic-forming spoil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Drainage from acid-forming and
						toxic-forming spoil into groundwater and surface water shall be avoided by:
(1) Identifying, burying and treating, where
						necessary, spoil which, in the judgment of the Department, may be detrimental
						to vegetation or may adversely affect water quality if not treated or buried.
(2) Preventing water from coming
						into contact with acid-forming and toxic-forming spoil in accordance with
						§
													88.119 (relating to backfilling
						and grading: covering coal and acid-forming and toxic-forming materials) and
						other measures as required by the Department.
(3) Burying or otherwise treating all
						acid-forming or toxic-forming spoil as soon as practical after it is first
						exposed on the mine site. Storage shall be limited to the period until burial
						or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be
						stored shall be protected from erosion and contact with surface water. Any
						discharge shall be collected and treated to conform to §
													88.92 (relating to hydrologic
						balance: effluent 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.101 - Hydrologic balance: permanent impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Permanent impoundments may be authorized by the
						  Department, upon the basis of the following demonstration:
(1) The quality of the impounded water shall
						be suitable on a permanent basis for its intended use, and discharge of water
						from the impoundment will not degrade the quality of receiving waters to less
						than the water quality standards established under §
												88.92 (relating to hydrologic
						balance: effluent standards).
(2)
						The level of water shall be sufficiently stable to support the intended
						use.
(3) Adequate safety and access
						to the impounded water shall be provided for proposed water users.
(4) Water impoundments will not result in the
						diminution of the quality or quantity of water used by adjacent or surrounding
						landowners for agricultural, industrial, recreational or domestic users.
(5) The design, construction and
						maintenance of structures shall achieve the minimum requirements of §
												88.102 (relating to hydrologic
						balance: dams, ponds, embankments and impoundments-design, construction and
						maintenance).
(6) The size of the
						impoundment is adequate for its intended purposes.
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.102 - Hydrologic balance: dams, ponds, embankments and impoundments-design, construction and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams,
						ponds, embankments and impoundments that meet the criteria of Chapter 105
						(relating to dam safety and waterway management) shall be designed, constructed
						and maintained under Chapter 105.
(b) The design, construction and maintenance
						of dams, ponds, embankments and impoundments that are not of the class of
						subsection (a) shall achieve the minimum design criteria contained in United
						States Natural Resources Conservation Service's Pennsylvania Field Office
						Technical Guide, Section IV, Standards 350 "Sediment Basin" and 378, "Pond" as
						amended. In addition to the requirements in "Sediment Basin," a minimum static
						safety factor of 1.3 is required.
The provisions of this §
														88.102 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); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
This section cited in 25 Pa. Code §
														88.98 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														88.101 (relating to hydrologic
							 balance: permanent impoundments); 25 Pa. Code §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).