Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.302 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Actual improvement
-The reduction of
						  the baseline pollution load resulting from the implementation of the approved
						  pollution abatement plan; except that any reduction of the baseline pollution
						  load achieved by water treatment may not be considered as actual improvement
						  provided that treatment approved by the Department of the coal refuse before,
						  during or after placement in the coal refuse disposal area will not be
						  considered to be water treatment.
Baseline pollution load
-The
						  characterization of the pollutional material being discharged from or on the
						  pollution abatement area, described in terms of mass discharge for each
						  parameter deemed relevant by the Department, including seasonal variations and
						  variations in response to precipitation events. The Department will establish
						  in each authorization the specific parameters it deems relevant for the
						  baseline pollution load, including, at a minimum, iron and acid
						  loadings.
Best professional judgment
-The highest
						  quality technical opinion forming the basis for the terms and conditions of the
						  treatment level required after consideration of all reasonably available and
						  pertinent data. The treatment levels shall be established by the Department
						  under sections 301 and 402 of the Federal Clean Water Act (33 U.S.C.A. §§
													1311 and
						  1342).
Best technology
-Measures and practices
						  which will abate or ameliorate, to the maximum extent possible, discharges from
						  or on the pollution abatement area. These measures include engineering,
						  geochemical or other applicable practices.
Coal refuse disposal
						  activities
.
(i) The storage,
						dumping or disposal of any waste coal, rock, shale, slurry, culm, gob, boney,
						slate, clay, underground development wastes, coal processing wastes, excess
						soil and related materials, associated with or near a coal seam, that are
						either brought above ground or otherwise removed from a coal mine in the
						process of mining coal or are separated from coal during the cleaning or
						preparation operations.
(ii) The
						term does not include the removal or storage of overburden from surface mining
						activities.
Coal remining operation
-A coal mining
						  operation at a site on which coal mining was previously conducted and where the
						  site has been abandoned or the performance bond has been forfeited.
Encountered discharge
-
(i) A pre-existing discharge intercepted in
						the course of active surface mining activities, including, but not limited to,
						overburden removal, coal extraction and backfilling, or that occurs in the pit,
						any mining-related conveyance, sedimentation pond or treatment pond.
(ii) the term does not include 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 they are designed, operated and maintained in
						accordance with §
												90.104(b)-(g)
						(relating to hydrologic balance: diversions).
Excess soil and related
						  material
-
(i) Rock, clay or
						other material located immediately above or below a coal seam and which are
						extracted from a coal mine during the process of mining coal.
(ii) The term does not include topsoil or
						subsoil.
Pollution abatement area
-
(i) The part of the permit area that is
						causing or contributing to the baseline pollution load.
(ii) The term includes adjacent and nearby
						areas that must be affected to bring about significant improvements of the
						baseline pollution load and may include the immediate locations of the
						discharges.
Pollution abatement plan
-Best
						  management practices (BMP), including, but not limited to, the addition of
						  alkaline material, special handling plans for managing toxic and acid forming
						  material, regrading, revegetation and daylighting, that when implemented will
						  result in reduction of the baseline pollution load.
Pre-existing discharge
-
(i) Any discharge resulting from mining
						activities that have been abandoned prior to the time of a remining permit
						application.
(ii) The term includes
						a pre-existing discharge that is relocated as a result of the implementation
						BMPs in the pollution abatement plan.
Steep slope
-
(i) Any slope, including abandoned mine land
						features, above 20 degrees or a lesser slope as may be defined by the
						Department after consideration of soil, climate and other characteristics of a
						region.
(ii) The term does not
						apply to situations in which an operator is mining on flat or gently rolling
						terrain, on which an occasional steep slope is encountered and through which
						the mining operation is to proceed, leaving a plain or predominantly flat
						area.
The provisions of this §
														90.302 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); and section 1920-A
							 of The Administrative Code of 1929 (71 P.S. §
															510-20).