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 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.205 - Approval or denial

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Authorization may not be granted under this subchapter unless the operator
						seeking the authorization affirmatively demonstrates to the satisfaction of the
						Department on the basis of information set forth in the application that:
(1) Neither the operator, nor an officer,
						principal shareholder, agent, partner, associate, parent corporation,
						contractor or subcontractor, or a related party as defined in §
													86.63(a)(1)
						(relating to compliance information) has either of the following:
(i) Legal responsibility or liability as an
						operator for treating the water pollution discharges from or on the proposed
						pollution abatement area.
(ii)
						Statutory responsibility or liability for reclaiming the proposed pollution
						abatement area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.206 - Operational requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An operator who receives an authorization under this
						  subchapter shall comply with the requirements of Chapter 86 (relating to
						  surface and underground coal mining: general) and Subchapters A and C-E except
						  as specifically modified by this subchapter. The operator shall also:
(1) Implement the approved water quality and
						quantity monitoring program for the pollution abatement area until the
						requirements of §
												87.209 (relating to criteria and
						schedule for release of bonds on pollution abatement areas) are met. The
						monitoring program must conform to the following:
(i) Sampling shall be conducted on a monthly
						basis for the pre-existing discharges and should adequately represent the
						seasonal range in loading rates as well as the median loading rate from each
						pre-existing discharge or combination of discharges.
(ii) Results shall be submitted on a
						quarterly basis.
(iii) Data must
						include the flow measurements and loading calculations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.207 - Treatment of discharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						for pre-existing discharges which are not encountered during mining or the
						implementation of the pollution abatement plan, the operator shall comply with
						§
												87.102 (relating to hydrologic
						balance: effluent standards).
(b)
						Except as provided in §
												87.210(d) 
						(relating to effluent limitations), the operator shall treat the pre-existing
						discharges which are not encountered during mining or implementation of the
						pollution abatement plan to comply with the effluent limitations established by
						best professional judgment. The effluent limitations established by best
						professional judgment may not be less than the baseline pollution load. If the
						baseline pollution load, when expressed as a concentration for a specific
						parameter, satisfies the effluent limitations at §
												87.102 for that parameter, the
						operator shall treat the pre-existing discharge for that parameter to comply
						with either effluent limitations established by best professional judgment or
						the effluent limitations at § 87.102.
(c) For purposes of subsections (a) and (b),
						the term encountered may not be construed to mean diversions of surface water
						and shallow groundwater flow from areas undisturbed by the implementation of
						the pollution abatement plan which would otherwise drain into the affected
						area, so long as the diversions are designed, operated and maintained under
						§
												87.105(b)-(g)
						(relating to hydrologic balance: diversions).
(d) An operator required to treat
						pre-existing discharges will be allowed to discontinue treating the discharges
						under subsection (b) when the operator affirmatively demonstrates to the
						Department's satisfaction that:
(1) The
						pre-existing discharges are meeting the effluent limitations established by
						subsection (b) as shown by groundwater and surface water monitoring conducted
						by the operator or the Department.
(2) Surface coal mining activities under the
						permit-including the pollution abatement area-are being or were conducted under
						the requirements of the permit and the authorization, and Chapter 86 (relating
						to surface and underground coal mining: general) and this chapter except as
						specifically modified by this subchapter.
(3) The operator has implemented each step of
						the pollution abatement plan as approved in the authorization.
(4) The operator did not cause or allow
						additional groundwater degradation by reaffecting the pollution abatement
						area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.208 - Request for bond release

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						  86.172(c) and
						  87.209 (relating to criteria for
						  release of bond; and criteria and schedule for release of bonds on pollution
						  abatement areas) applies to the release of bonds for pollutional abatement
						  areas authorized by this subchapter. Section
						  86.172(a), (b) and
						  (d) shall be inapplicable to the release of
						  bonds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.209 - Criteria and schedule for release of bonds on pollution abatement areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						will release up to 60% of the amount of bond for the authorized pollution
						abatement area if the applicant demonstrates and the Department finds that:
(1) The surface coal mining activities were
						conducted on the permit area, including the pollution abatement area, under the
						requirements of the permit and the authorization, Chapter 86 (relating to
						surface and underground coal mining: general) and this chapter except as
						specifically modified by this subchapter.
(2) The operator has satisfactorily completed
						backfilling, regrading and drainage control under the approved reclamation
						plan.
(3) The operator has properly
						implemented each step of the pollution abatement plan approved and authorized
						under this subchapter.
(4) The
						operator has not caused degradation of the baseline pollution load at any time
						during the 6 months prior to the submittal of the request for bond release
						under this subsection and until the bond release is approved as shown by all
						ground and surface water monitoring conducted by the permittee under §
													87.206(1)
						(relating to operational requirements) or conducted by the
						Department.
(5) The operator has
						not caused or contributed to surface water pollution or groundwater degradation
						by reaffecting or mining the pollution abatement area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.210 - Effluent limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval and incorporation into permit.
The pollution
						abatement plan for the pollution abatement area must be approved by the
						Department and incorporated into the permit as an effluent
						limitation.
(b)
Implementation of best management practices.
The best
						management practices (BMP) in the pollution abatement plan shall be implemented
						as specified in the plan.
(c)
Pre-existing discharges.
(1)
						Except as provided in subsection (d), the following effluent limits apply to
						pre-existing discharges:
Parameter
Effluent Limit
Total Iron
May not exceed baseline loadings (as determined by
								  this subchapter).
Total Manganese
May not exceed baseline loadings (as determined by
								  this subchapter).
Acidity, Net
May not exceed baseline loadings (as determined by
								  this subchapter).
Suspended Solids
During remining and reclamation, may not exceed
								  baseline loadings (as determined by this subchapter). Prior to bond release,
								  the pre-existing discharge must meet the applicable standards for suspended
								  solids or settleable solids in §
																	87.102 (relating to hydrologic
								  balance: effluent standards).
(2) A pre-existing discharge is exempt from
						meeting standards in §
													87.102 for suspended solids and
						settleable solids when the Department determines that the standards are
						infeasible or impractical based on the site-specific conditions of soil,
						climate, topography, steep slopes or other baseline conditions provided that
						the operator demonstrates that significant reductions of suspended solids and
						settleable solids will be achieved through the incorporation of sediment
						control BMPs into the pollution abatement plan as required under subsection
						(a).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.211 - Baseline determination and compliance monitoring for pre-existing discharges at remining operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						procedures in this section shall be used for determining site-specific baseline
						pollutant loadings, and for determining whether discharge loadings during coal
						remining operations have exceeded the baseline loading. A monthly
						(single-observation) procedure and an annual procedure shall be
						applied.
(b) At least one sample
						result per month shall be obtained for 12 months to characterize pollutant
						loadings for:
(1) Baseline
						determination.
(2) Each annual
						monitoring period. It is required that at least one sample be obtained per
						month for 12 months.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.212 - Procedure for calculating and applying a single-observation (monthly) trigger

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
						contains two alternative methods for calculating a single-observation trigger.
						One method must be proposed by the applicant to be approved and applied by the
						Department for a remining permit.
(b) Method 1 for calculating a single
						observation trigger (L) is accomplished by completing the following steps:
(1) Count the number of baseline observations
						taken for the pollutant of interest. Label this number n. To sufficiently
						characterize pollutant loadings during baseline determination and during each
						annual monitoring period, it is required that at least one sample result be
						obtained per month for 12 months.
(2) Order all baseline loading observations
						from lowest to highest. Let the lowest number (minimum) be
						x(1), the next lowest be x(2),
						and so forth until the highest number (maximum) is
						x(n).
(3) If
						fewer than 17 baseline observations were obtained, the single observation
						trigger (L) will equal the maximum of the baseline observations
						(x(n)).
(4)
						If at least 17 baseline observations were obtained, calculate the median (M) of
						all baseline observations. If n is odd, then M equals
						x(n/2+1/2). If n is even, then M equals 0.5*
						(x(n/2) + x(n/2+1)).
(5) Next, calculate M1
						as the median of the subset of observations that range from the calculated M to
						the maximum x(n); that is, calculate the median of all x
						larger than or equal to M.
(6)
						Next, calculate M2 as the median of the subset of
						observations that range from the calculated M1 to
						x(n); that is, calculate the median of all x larger than
						or equal to M1.
(7) Next, calculate M3
						as the median of the subset of observations that range from the calculated
						M2 to x(n); that is, calculate
						the median of all x larger than or equal to
						M2.
(8)
						Finally, calculate the single observation trigger (L) as the median of the
						subset of observations that range from the calculated M3
						to x(n).
(9)
						When subsetting the data for each of the steps in paragraphs (5)-(8), the
						subset should include all observations greater than or equal to the median
						calculated in the previous step. If the median calculated in the previous step
						is not an actual observation, it is not included in the new subset of
						observations. The new median value will then be calculated using the median
						procedure, based on whether the number of points in the subset is odd or
						even.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.213 - Procedure for calculating and applying an annual trigger

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section contains two alternative
						methods for calculating the annual trigger. One method shall be proposed by the
						applicant to be approved and applied by the Department for a remining
						permit.
(b) Method 1 for
						calculating and applying an annual trigger (T) is accomplished by completing
						the following steps:
(1) Calculate M and
						M1 of the baseline loading data as described under
						Method 1 for the single observation trigger in §
													87.212(b)
						(relating to procedure for calculating and applying a single-observation
						(monthly) trigger).
(2) Calculate
						M-1 as the median of the baseline data which are less
						than or equal to the sample median M.
(3) Calculate the interquartile range, R =
						(M1 - M-1).
(4) The annual trigger for baseline (Tb) is
						calculated as
Tb=M+(1.815*R)/SQRT(n)
where n is the number of baseline loading
						  observations.
(5) To compare
						baseline loading data to observations from the annual monitoring period, repeat
						the steps in paragraphs (1)-(3) for the set of monitoring observations. Label
						the results of the calculations M' and R'. Let m be the number of monitoring
						observations.
(6) The subtle
						trigger (Tm) of the monitoring data is calculated as
Tm=M'-(1.815*R')/SQRT(m)
(7) If Tm > Tb, the median loading of the
						monitoring observations has exceeded the baseline loading.
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 › PRELIMINARY PROVISIONS › Section 88.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies certain specific procedures
							 and rules for those who engage in anthracite coal mining activities. General
							 rules and procedures for those who engage in anthracite coal mining activities
							 are provided in Chapter 86 (relating to surface and underground coal mining:
							 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 A - GENERAL PROVISIONS › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.21 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
A permit application shall contain a description of
							 the existing conditions within the proposed permit and adjacent area that may
							 be affected by the proposed anthracite coal surface mining activities. The
							 description shall include the information required in §§
							 88.22-88.31.
This section cited in 25 Pa. Code §
															86.81 (relating to program
								services); and 25 Pa. Code §
															86.261 (relating to program
								services).
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.22 - General environmental resource information

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall describe and identify:
(1) The location and extent of the proposed
						  anthracite coal surface mining activities for which a permit is being sought
						  and an identification of the size, sequence and timing of those lands adjacent
						  to the proposed permit area for which it is anticipated that individual permits
						  for mining will be sought.
(2) The
						  nature of archaeological, cultural and historic resources listed on or eligible
						  for listing on the National Register of Historic Places and known
						  archaeological features within the permit and adjacent areas. The description
						  shall be based on available information, including, but not limited to, data of
						  the Historical and Museum Commission and local archaeological, historical and
						  cultural preservation agencies. The Department may require the applicant to
						  identify and evaluate important historic and archaeological resources that may
						  be eligible for listing on the National Register of Historic Places, through
						  one or more of the following:
(i) The
						  collection of additional information.
(ii) The conducting of field
						  investigations.
(iii) Other
						  appropriate analysis.
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.23 - Description of hydrology and geology: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each application shall contain a
						  description, in accordance with this section and §§
													88.24 and
						  88.25 (relating to geology; and
						  groundwater) of the geology, hydrology and water quality and quantity of all
						  lands within the proposed permit area, the adjacent area and the general area.
						  The description shall include information on the characteristics of all surface
						  waters and groundwaters within the general area, and any water which will flow
						  into or receive discharges of water from the general area.
(b) Information on hydrology, water quality
						  and quantity, and geology related to hydrology of areas outside the proposed
						  permit area may be obtained from an appropriate Federal or State agency. If
						  this information is not available from those agencies, the applicant may gather
						  and submit this information to the Department as part of the permit
						  application. However the permit shall not be approved until this information is
						  made available in the application.
(c) The use of modeling or other predictive
						  techniques may be included as part of the permit application, but the same
						  surface water and groundwater information may be required for each site as when
						  models are not used.
This section cited in 25 Pa. Code §
															86.81 (relating to program
								services); 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.21 (relating to
								responsibilities).
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.24 - Geology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application
						  shall contain a description of the geology within the proposed permit and
						  adjacent area down to and including the aquifer system or known existing deep
						  mine that may be affected below the lowest coal seam, bank or refuse disposal
						  area to be affected.
(b) Old
						  colliery maps, geological maps, geological reports, breaker or coal preparation
						  analysis reports and other sources as needed shall be used to provide the
						  following description:
(1) The location of the
						  mine pool or subsurface water.
(2)
						  The stratigraphy and thickness of the coal and overburden.
(3) The structure within the proposed permit
						  and its relationship to the structure of the general area.
(4) Chemical analyses of the coal and
						  overburden.
(i) The analyses shall identify
						  coal and overburden that may contain acid-forming or toxic-forming materials to
						  determine their content. The analyses of the coal shall include total
						  sulfur.
(ii) The applicant may
						  request the Department to waive the analyses in whole or in part. The waiver
						  may be granted if the Department makes a written determination that the
						  analyses are not necessary because other equivalent information is available to
						  the Department in a satisfactory form.
(5) The location, identification and status
						  of other mining within or adjacent to the proposed permit area.
(6) Other analysis the Department deems
						  relevant.
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.25 - Groundwater

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application
						  shall contain a description of the groundwater hydrology for the proposed
						  permit and adjacent area, including, at a minimum:
(1) The depths to groundwater or deep mine
						  pool over the general area.
(2) The
						  hydrologic characteristics of the strata described in §
														88.24 (relating to
						  geology).
(3) The uses of the
						  groundwater.
(4) The chemical
						  characteristics of typical groundwaters in the area, including a description of
						  known groundwater quality problems. At a minimum, water quality descriptions
						  shall include total dissolved solids or specific conductance corrected to
						  25°C, pH, total iron, total manganese, alkalinity, acidity and
						  sulfates.
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.26 - Surface water information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain a description of the surface waters, including the
						  name of the watershed which will receive water discharges, the location of all
						  surface water bodies, such as streams, lakes, ponds and springs, deep mine
						  discharges and seeps and descriptions of surface drainage systems within the
						  proposed permit and adjacent areas.
(b) Surface water information shall include
						  the following:
(1) The surface elevations and
						  rate of flow of all springs, seeps and any deep mine discharges located within
						  and adjacent to the proposed permit area.
(2) Water quality and quantity data to
						  identify the characteristics of surface waters in, discharging into, or which
						  will receive flows from surface water or groundwater from the proposed permit
						  area, sufficient to identify seasonal variations, showing the following:
(i) Total dissolved solids in milligrams per
						  liter or specific conductance in micromhos per centimeter corrected to
						  25°C.
(ii) Total suspended
						  solids in milligrams per liter.
(iii) Acidity in milligrams per
						  liter.
(iv) pH in standard
						  units.
(v) Total iron in milligrams
						  per liter.
(vi) Total manganese in
						  milligrams per liter.
(vii)
						  Alkalinity in milligrams per liter.
(viii) Sulfates in milligrams per
						  liter.
(ix) Total aluminum in
						  milligrams per liter.
(x) Other
						  information the Department determines to be relevant.
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.27 - Alternative water supply information

Current through Register Vol. 54, No. 28, July 13, 2024
The application shall identify the extent to which
							 the proposed anthracite coal surface mining activities may result in
							 contamination, diminution or interruption of any water supply within the
							 proposed permit or adjacent area. If contamination, pollution, diminution or
							 interruption may result, then the description shall identify the means to
							 restore or replace the affected water supply in accordance with Subchapters 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), including
							 cost calculations. The Department will notify the owner of any potentially
							 affected supply.
The provisions of this §
															88.27 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).
This section cited in 25 Pa. Code §
															86.81 (relating to program
								services); 25 Pa. Code §
															86.261 (relating to program
								services); 25 Pa. Code §
															88.1 (relating to definitions);
								and 25 Pa. Code §
															88.21 (relating to
								responsibilities).
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.28 - Climatology

Current through Register Vol. 54, No. 28, July 13, 2024
When requested by the Department, the application
							 shall contain a statement of the climatological factors that are representative
							 of the proposed permits and adjacent area. The statement shall contain the
							 information the Department deems relevant to ensure compliance with the
							 requirements of this chapter.
This section cited in 25 Pa. Code §
															88.21 (relating to
								responsibilities).
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.29 - Vegetation information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a description of the
							 extent of cover, in percent ground cover, of the natural vegetation within the
							 proposed permit area.
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services); and 25 Pa. Code §
															88.21 (relating to
								responsibilities).
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.30 - Description of land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain a statement and map of the uses, condition,
						  capability and productivity of the land within the proposed permit area,
						  including:
(1) The uses of the land existing
						  at the time of application, including the prior use of the land if the land use
						  has changed within 5 years prior to the time of application, and the uses which
						  preceded mining if the land has been previously mined and not
						  reclaimed.
(2) The capability of
						  the land to support a variety of uses, giving consideration to soil and
						  foundation characteristics, topography, vegetative cover and the hydrology of
						  the proposed permit area.
(3) The
						  productivity of cropland, pastureland or land occasionally cut for hay or
						  commercial forest expressed as average yield of food, fiber, forage or wood
						  products from the lands obtained under high levels of management. The
						  productivity shall be determined by yield data or estimate for similar sites
						  based on current data from the United States Department of Agriculture or the
						  Pennsylvania Department of Agriculture.
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.32 - Prime farmland investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The applicant shall conduct a preapplication investigation of the proposed
						  permit areas to determine whether lands within the area may be prime
						  farmland.
(b) Land may not be
						  considered prime farmland if the applicant can demonstrate one of the
						  following:
(1) The land has not been
						  historically used for cropland.
(2)
						  The slope of the land is 10% or greater.
(3) There are no soil map units that have
						  been designated prime farmland by the United States Department of Agriculture
						  Natural Resources Conservation Service, on the basis of a soil survey of lands
						  within the permit area.
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 › ANTHRACITE COAL MINING ACTIVITIES: APPLICATION REQUIREMENTS AND PREMINING RESOURCES › Section 88.33 - Fish and wildlife resource information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include fish and wildlife
							 resource information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the
						  information shall be determined by the Department in consultation with State
						  and Federal agencies with responsibilities for fish and wildlife and shall be
						  sufficient to design the protection and enhancement plan required under §
													88.62 (relating to fish and
						  wildlife protection and enhancement plan).
(2) Site-specific resource information
						  necessary to address the respective species or habitats is required when the
						  proposed permit area or adjacent area is likely to include one of the
						  following:
(i) Listed or proposed endangered
						  or threatened species of plants or animals or their critical habitats listed by
						  the United States Secretary of the Interior under the Endangered Species Act of
						  1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), or those
						  species or habitats protected by the law or regulations of the Commonwealth,
						  including those species listed as threatened or endangered by the Game
						  Commission and the Fish Commission.
(ii) Habitats of unusually high value for
						  fish and wildlife such as important streams, wetlands, riparian areas, cliffs
						  supporting raptures, areas offering special shelter or protection, migration
						  routes of reproduction and wintering areas.
(iii) Other species or habitats identified
						  through agency consultation as requiring special protection under State or
						  Federal law.
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 88.41 - Operation plan: requirements

Current through Register Vol. 54, No. 28, July 13, 2024
As part of each permit application, the applicant
							 shall provide a description of the anthracite coal surface mining activities
							 showing the manner in which this chapter shall be met. The description shall
							 include, at a minimum, the information required in §§
							 88.42-88.46 and
							 88.48-88.60.
This section cited in 25 Pa. Code §
															86.261 (relating to program
								services).
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 88.42 - Operational plan: general information

Current through Register Vol. 54, No. 28, July 13, 2024
An application for anthracite coal surface mining
							 activities shall include at a minimum:
(1) A narrative description of the type and
						  method of mining and reclamation procedures and proposed engineering techniques
						  and the major equipment to be used.
(2) A narrative explaining the construction,
						  modification, use, maintenance and removal of the following facilities, unless
						  retention of the facilities is approved for postmining land use:
(i) Dams, embankments and other
						  impoundments.
(ii) Overburden, soil
						  or vegetation-supporting material handling and storage areas.
(iii) Handling, storage, transportation areas
						  and structures affected by coal removal.
(iv) Handling, storage, transportation and
						  disposal areas and structures affected by mine spoil or coal processing
						  waste.
(v) Mine
						  facilities.
(vi) Water pollution
						  control facilities.
(vii) Erosion
						  control facilities.
(viii) Air
						  pollution control 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 88.43 - Operation plan: existing structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application shall include a
						  description of each existing structure proposed to be used in connection with
						  or to facilitate the anthracite coal surface mining activities, including the
						  following:
(1) The location.
(2) The plans of the structure which describe
						  its existing condition.
(3) A
						  demonstration of evidence, indicating whether the structure meets the
						  performance standards or the design 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).
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 88.44 - Operation maps and operation plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application shall include maps and
						  plans of the proposed permit and adjacent area, showing the following:
(1) The boundaries of lands proposed to be
						  affected over the life of the proposed operation and the sequence of operations
						  and reclamation for 5 years.
(2)
						  The changes in a facility or feature to be caused by the proposed operation for
						  the facility or feature identified.
(3) The buildings, utility corridors and
						  facilities which will be used.
(4)
						  The initial bonded area and each incremental area of land for which a bond will
						  be posted.
(5) The coal storage,
						  cleaning and loading areas.
(6) The
						  soil, spoil, coal waste and noncoal waste storage areas.
(7) The water diversion, collection,
						  conveyance, sedimentation and erosion control, treatment, storage and discharge
						  facilities to be used.
(8) The
						  sources of waste and each waste disposal facility relating to coal processing
						  or pollution control.
(9) Each
						  explosive storage and handling facility.
(10) The location of each sedimentation pond,
						  permanent water impoundment, coal processing waste bank, coal processing waste
						  dam and embankment and fill area for the disposal of excess spoil.
(11) The location of monitoring
						  points.
(12) Final
						  contours.
(13) An air pollution
						  collection and control facility, if required.
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 88.45 - Blasting

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a blasting plan for the
							 proposed permit area, explaining how the applicant intends to comply with the
							 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 §
															88.41 (relating to operation plan:
								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 A - GENERAL PROVISIONS › OPERATION AND RECLAMATION PLAN › Section 88.46 - Reclamation plan: requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A permit application shall contain a plan for the
							 reclamation of the land within the proposed permit area, including, at a
							 minimum the following:
(1) An
						  estimated timetable for the accomplishment of each major step in the
						  reclamation plan.
(2) An estimate
						  of the cost of reclamation of the proposed operation required to be covered by
						  a bond with supporting calculations for the estimates.
(3) A plan for backfilling, soil
						  stabilization, compacting and grading, with contour maps or cross sections that
						  show the present and the anticipated final surface configuration of the
						  proposed permit area.
(4) A plan
						  for removing, conserving and distributing the soil or other vegetation
						  supporting material available from the operation.
(5) A plan for seeding and planting,
						  including, but not limited to, descriptions of the following:
(i) The schedule of seeding and
						  planting.
(ii) The species and
						  amounts per acre of seeds or seedlings, or both, to be used.
(iii) The method to be used in planting and
						  seeding.
(iv) Mulching techniques,
						  if required by the Department.
(v)
						  Measures proposed to be used to determine the success of
						  revegetation.
(vi) A soil testing
						  plan for determining nutrients and soil amendments as required by §
														88.90 (relating to
						  vegetation-supporting material: nutrients and soil amendments).
(vii) A description of measures to be
						  employed to ensure that all debris, acid-forming and toxic-forming materials
						  are disposed of.
(viii) A
						  description, including appropriate cross sections and maps, of the measures to
						  be used to seal or manage mine openings other than those deep mine workings
						  remaining after the last cut has been taken and which will be backfilled or
						  otherwise managed in the reclamation plan, and further to plug or manage
						  exploration holes, other boreholes, wells and other openings within the
						  proposed permit area.
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 88.48 - Air pollution control plan

Current through Register Vol. 54, No. 28, July 13, 2024
The description shall include an air pollution
							 control plan which includes the following:
(1) A plan for fugitive dust control
						  practices, and if applicable, how the requirements of Chapters 123 and 127
						  (relating to standards for contaminants; and construction, modification,
						  reactivation and operation of sources) will be met.
(2) An air quality control monitoring program
						  to provide sufficient data to evaluate the effectiveness of the air pollution
						  control plan, if required by the Department.
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 88.49 - Protection of hydrologic balance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a detailed
						  description, with appropriate maps and cross sections of the measures to be
						  taken during and after the proposed anthracite surface coal mining activities
						  in accordance with the performance standards of this chapter, to ensure the
						  protection of the quality and quantity of surface water systems, both within
						  the proposed permit and adjacent areas, from adverse effects of the proposed
						  activities and the rights of present users of surface water and
						  groundwater.
(b) An application
						  shall also contain:
(1) A plan for the
						  control and treatment, if necessary, of surface water and groundwater drainage
						  into, through and out of the proposed anthracite coal mining site to meet the
						  effluent criteria of Subchapter B, C or D (relating to surface anthracite coal
						  mines: minimum environmental protection performance standards; anthracite bank
						  removal and reclamation: minimum environ-mental protection performance
						  standards; and anthracite refuse disposal: minimum environmental protection
						  performance standards).
(2) A plan
						  for the collection, recording and reporting of groundwater and surface water
						  quality and quantity data in accordance with §§
														88.105 and
						  88.106 (relating to hydrologic
						  balance: groundwater monitoring; and hydrologic balance: surface water
						  monitoring). The plan shall identify monitoring locations and sampling
						  frequency, and logically relate to the determination of probable hydrologic
						  consequences in paragraph (3).
(3)
						  A determination of the probable hydrologic consequences of the proposed
						  anthracite coal mining activities, on the proposed total affected area and
						  adjacent area, with respect to the hydrologic regime and the quantity and
						  quality of water in surface water systems. The determination shall address the
						  parameters measured in accordance with §§
														88.25 and
						  88.26 (relating to groundwater;
						  and surface water information).