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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.14 - Permit application filing deadlines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each person who possesses a permit for
						  coal mining activities issued by the Department prior to the effective date of
						  this chapter and who expects to conduct the permitted activities after the
						  expiration of 8 months from the effective date of this chapter shall reapply
						  for a permit for those activities within 2 months of the effective date of this
						  chapter.
(b) Each person who
						  conducts or expects to conduct new coal mining activities shall file a complete
						  application for a permit for coal mining activities a minimum of 180 days prior
						  to the anticipated starting date of the activities or a shorter period of time
						  as determined by the Department.
This section cited in 25 Pa. Code §
															86.12 (relating to continued
								operation under interim permits); 25 Pa. Code §
															86.16 (relating to application
								contents); 25 Pa. Code §
															86.31 (relating to public notices
								of filing of permit applications); 25 Pa. Code §
															86.39 (relating to final permit
								action); 25 Pa. Code §
															87.203 (relating to
								applicability); 25 Pa. Code §
															88.381 (relating to general
								requirements); 25 Pa. Code §
															88.503 (relating to
								applicability); and 25 Pa. Code § 90.303 (relating to
								applicability).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.15 - Permit application-general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application for a permit under this
						  chapter shall be submitted to the Department in writing, upon forms furnished
						  by the Department.
(b) Each
						  application for a permit shall be accompanied by information, maps, plans,
						  specifications, design analyses, test reports and other data required by the
						  Department to determine compliance with the standards, requirements or purposes
						  of this chapter.
(c) Information
						  set forth in the application shall be current, presented clearly and concisely,
						  and supported by appropriate references to technical and other written material
						  available to the Department.
(d)
						  Technical data submitted in the application shall include:
(1) Names of persons or organizations which
						  collected and analyzed the data.
(2) Dates of the collection and
						  analyses.
(3) Descriptions of
						  methodology used to collect and analyze the data.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.16 - Application contents

Current through Register Vol. 54, No. 28, July 13, 2024
Persons submitting permit applications under §
													86.14(a)
							 (relating to permit application filing deadlines), shall reapply for a permit
							 within 2 months by submitting an initial application on forms available from
							 the Department and shall thereafter submit a complete application, including
							 proof of publication, in accordance with a schedule determined by the
							 Department. Other applications submitted under §
													86.14(b) shall be
							 complete and include, at a minimum, the applicable information required under
							 this chapter and:
(1) Chapter 87
						  (relating to surface mining of coal) for surface mining activities.
(2) Chapter 88 (relating to anthracite coal)
						  for anthracite coal mining activities.
(3) Chapter 89 (relating to underground
						  mining of coal and coal preparation facilities) for underground mining
						  activities and coal preparation activities.
(4) Chapter 90 (relating to coal refuse
						  disposal) for coal refuse disposal activities.
This section cited in 25 Pa. Code §
															86.12 (relating to continued
								operation under interim permits); 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › GENERAL REQUIREMENTS FOR PERMITS AND PERMIT APPLICATIONS › Section 86.18 - Verification of application

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for permits shall be verified by a
							 responsible official of the applicant with a statement that the information
							 contained in the application is true and correct to the best of the official's
							 information and belief, and attested by a notary public or district justice.
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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.31 - Public notices of filing of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for a permit, transfer or
						  renewal, or for revision as required by §
													86.54 (relating to public notice
						  of permit revision) shall place at the time of filing an application with the
						  Department, an advertisement in a local newspaper of general circulation in the
						  locality of the proposed coal mining activities at least once a week for 4
						  consecutive weeks. The advertisement shall contain, at a minimum, the following
						  information:
(1) The name and business
						  address of the applicant.
(2) A map
						  or description which shall:
(i) Clearly show
						  or describe towns, rivers, streams or other bodies of water, local landmarks
						  and other information, including routes, streets or roads and accurate distance
						  measurements, necessary to allow local residents to readily identify the
						  proposed permit area.
(ii) Clearly
						  show or describe the exact location and boundaries of the proposed permit area,
						  and the receiving stream.
(iii)
						  State the name of the United States Geological Survey 7.5 minute quadrangle map
						  which contains the area shown or described.
(iv) Indicate the north point, if a map is
						  used.
(3) The location
						  where a copy of the application is available for public inspection under
						  subsection (b).
(4) The name and
						  address of the Department's appropriate district or regional office to which
						  written comments, objections or requests for informal conferences on the
						  application may be submitted under §§
														86.32 and
						  86.34 (relating to opportunity for
						  submission of written comments or objections on the permit application; and
						  informal conferences).
(5) A
						  concise statement describing the public road, the particular part to be
						  relocated, where the relocation is to occur and the duration of the relocation,
						  if an applicant seeks a permit to mine within 100 feet (30.48 meters) of the
						  outside right-of-way of a public road or to relocate a public road.
(6) If an applicant seeks a variance to
						  conduct coal mining activities within 100 feet (30.48 meters) of a stream, a
						  description of the activities and the name of the stream.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.32 - Opportunity for submission of written comments or objections on the permit application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Written comments or objections on the permit application or application for
						  permit revision may be submitted to the Department within 30 days after the
						  last publication of the newspaper advertisement placed by the applicant under
						  §
													86.31(a)
						  (relating to public notices of filing of permit applications) by a person or an
						  officer or head of a Federal, State or local government agency or authority. In
						  addition to submitting comments, the permittee, owner or agent of an owner of
						  an oil or gas well who receives a notice required by §
													86.31(e) may
						  provide the Department, within 30 days after the last publication of the
						  newspaper advertisement placed by the applicant, or if publication of the
						  advertisement is not required, within 45 days after receipt of the notice
						  required by §
													86.31(e), a
						  description of the measures the well permittee, owner or agent believes are
						  necessary to minimize damage, destruction or disruption of services provided by
						  the oil or gas well which may be caused by the proposed surface mining
						  activities. The Department will also publish notice of permit applications in
						  the
Pennsylvania Bulletin.
(b) The Department will immediately transmit
						  comments or objections received under this section to the applicant and the
						  office where the applicant filed a copy of the application for public
						  inspection under §
													86.31(b).
This section cited in 25 Pa. Code §
															86.31 (relating to public notices
								of filing of permit applications); 25 Pa. Code §
															86.36 (relating to review of
								permit applications); and 25 Pa. Code §
															86.129 (relating to coal
								exploration on areas designated as unsuitable for surface mining
								operations).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.33 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.34 - Informal conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person or the officer or head of a Federal, State or local government agency or
						  authority or the owner or operator of an oil and gas well who receives a notice
						  required by §
													86.31(e)
						  (relating to public notices of filing of permit applications) may, in writing,
						  request that the Department hold an informal conference on an application for a
						  permit. The request shall:
(1) Briefly
						  summarize the issues or objections to be raised by the requestor at the
						  conference.
(2) State whether the
						  requestor desires to have the conference conducted in the locality of the
						  proposed coal mining activities.
(3) Be filed with the Department within 30
						  days after the last publication of the newspaper advertisement placed by the
						  applicant under §
														86.31(a) or
						  within 30 days of receipt of notice by the public entities to whom notification
						  is provided under § 86.31(c).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.35 - Public availability of information in permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Information
						  contained in permit applications on file with the Department shall be open,
						  upon request, for public inspection and copying at reasonable times; however,
						  information in permit applications which pertains only to the analysis of the
						  chemical and physical properties of the coal to be mined-excepting information
						  regarding mineral or elemental contents of the coal, which are potentially
						  toxic in the environment-shall be kept confidential and not made a matter of
						  public record.
(b) Confidential
						  information shall be clearly identified by the applicant and submitted under
						  separate cover but concurrently with all other portions of the
						  application.
This section cited in 25 Pa. Code §
															86.31 (relating to public notices
								of filing of permit applications).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.36 - Review of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will review the complete application, written comments, written
						  objections and records of a public hearing or informal conference held under
						  §§
													86.32 and
						  86.34 (relating to opportunity for
						  submission of written comments or objections on the permit application; and
						  informal conferences).
(b) If the
						  Department decides to approve the application, it will require that the
						  applicant file the bond in accordance with Subchapter F (relating to bonding
						  and insurance requirements) before the permit is issued.
(c) The Department will verify from the
						  schedule submitted under §
													86.63 (relating to compliance
						  information) or other information available to the Department that coal mining
						  activities owned or controlled by the applicant, a person owned or controlled
						  by the applicant or a person who owns or controls the applicant under the
						  definition of "owned or controlled" or "owns or controls" in §
													86.1 (relating to definitions) are
						  not currently in violation of the acts or the Surface Mining Control and
						  Reclamation Act of 1977 (30
						  U.S.C.A. §§
														1201-1328),
						  or that the violation is in the process of being corrected to the satisfaction
						  of the regulatory authority, department or agency which has jurisdiction over
						  the violation of the acts or the Surface Mining Control and Reclamation Act of
						  1977 and a law, rule or regulation of a department or agency of the United
						  States or of a state in the United States pertaining to air or water
						  environmental protection incurred by the applicant in connection with a coal
						  mining activity.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.38 - Criteria for approval or denial: existing structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application for a permit or revision
						  which proposes to use an existing structure in connection with or to facilitate
						  the proposed activities will not be approved unless the applicant demonstrates
						  and the Department finds, in writing, on the basis of the information set forth
						  in the complete application that:
(1) The
						  structure meets the standards of Chapter 87 Subchapter E; Chapter 88
						  Subchapters B-F; Chapter 89; or Chapter 90 Subchapter D.
(2) If the existing structure meets the
						  performance standards of Chapter 87 Subchapter E; Chapter 88 Subchapters B-F;
						  Chapter 89; or Chapter 90 Subchapter D, but does not meet the design
						  requirements of Chapter 87 Subchapter E; Chapter 88 Subchapters B-F; Chapter
						  89; or Chapter 90 Subchapter D, no presumptive evidence of pollution to the
						  environment or risk to public health or safety will result from use of the
						  structure.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.39 - Final permit action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will approve or deny an application within the following time
						  limits:
(1) A complete application submitted
						  under §
														86.14(a)
						  (relating to permit application filing deadlines) will be approved or denied
						  within 8 months of the effective date of this chapter or within 60 days of an
						  informal conference, if held.
(2) A
						  complete application submitted under §
														86.14(b) will be
						  approved or denied within one of the following time limits:
(i) If an informal conference or public
						  hearing has been held under §
															86.34 (relating to informal
						  conferences), within 60 days of the close of the conference or hearing unless
						  deficiencies in the application continue to exist and the Department has
						  allowed additional time for the applicant to submit additional information to
						  resolve the deficiencies.
(ii) If
						  no informal conference or public hearing has been held under § 86.34, then
						  within a reasonable time not to exceed 60 days after the close of the public
						  comment period, unless deficiencies in the application continue to exist and
						  the Department has allowed additional time for the applicant to submit
						  additional information to resolve the deficiencies.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.40 - Permit terms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each permit
						  shall be issued for a fixed term not to exceed 5 years. A longer fixed permit
						  term may be granted, if:
(1) The application
						  is full and complete for the specified longer term.
(2) The applicant shows that a specified
						  longer term is reasonably needed to allow the applicant to obtain necessary
						  internal or external financing of equipment, facilities or structures for the
						  opening or continuance of the operation, and this need is confirmed in writing
						  by the applicant's source for the financing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.41 - Conditions of permits: general and right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
A permit issued by the Department is subject to the
							 following conditions:
(1) The
						  permittee shall conduct coal mining activities as described in the approved
						  application, except to the extent that the Department otherwise directs in the
						  permit that specific actions be taken.
(2) The permittee shall allow the authorized
						  representatives of the Commonwealth, without advance notice or a search
						  warrant, upon presentation of appropriate credentials, and without delay, to
						  have access to the areas in which coal mining activities will or are being
						  conducted.
(3) The permittee shall
						  affect by coal mining activities only those lands specifically approved in the
						  permit for which a bond has been filed with the Department in accordance with
						  Subchapter F (relating to bonding and insurance requirements).
(4) The permittee shall pay all reclamation
						  fees in accordance with 30 CFR Part 870 (relating to abandoned mine reclamation
						  fees) for coal produced under the permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.42 - Conditions of permits: environment, public health and safety

Current through Register Vol. 54, No. 28, July 13, 2024
Each permit issued by the Department will ensure and
							 contain specific conditions requiring that the:
(1) Permittee shall take all possible steps
						  to prevent an adverse impact to the environment or public health and safety
						  resulting from noncompliance with terms or conditions of the permit, including:
(i) An accelerated or additional monitoring
						  necessary to determine the nature and extent of noncompliance and the results
						  of the noncompliance.
(ii)
						  Providing warning, as soon as possible after learning of the noncompliance, to
						  a person whose health and safety is in imminent danger due to the
						  noncompliance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.43 - Improvidently issued permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  For the purpose of this section and §
													86.44 (relating to rescission of
						  improvidently issued permits) "other person responsible" means a person owned
						  or controlled by the permittee or a person who owns or controls the permittee
						  under the definition of "owned or controlled" or "owns or controls" in §
													86.1 (relating to
						  definitions).
(b) A coal mining
						  activity permit is improvidently issued if the following apply:
(1) Under the violation review criteria of
						  §
														86.37(a)(8), (9) and
						  (11) (relating to criteria for permit
						  approval or denial) in effect at the time of permit issuance one of the
						  following applies:
(i) The Department should
						  not have issued the permit because of an unabated violation or a delinquent
						  penalty or fee of the permittee or other person responsible.
(ii) The permit was issued on the presumption
						  that a violation by the permittee or other person responsible at the time of
						  permit issuance was in the process of being corrected to the satisfaction of
						  the Department, but a cessation order for that violation was subsequently
						  issued.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › REVIEW, PUBLIC PARTICIPATION AND APPROVAL, DISAPPROVAL OF PERMIT APPLICATIONS AND PERMIT TERMS AND CONDITIONS › Section 86.44 - Rescission of improvidently issued permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To rescind an improvidently issued permit
						  the Department will issue a notice of proposed suspension and rescission. The
						  notice will:
(1) Describe the conditions
						  under which the Department found the permit to have been improvidently
						  issued.
(2) Suspend the permit
						  after a period of time not to exceed 90 days from the date of the notice and no
						  more than 90 days thereafter rescind the permit unless within those periods the
						  permittee demonstrates and the Department finds that:
(i) The findings of the Department under
						  §
															86.43(b)
						  (relating to improvidently issued permits) were erroneous.
(ii) The permittee or other person
						  responsible has abated the violation on which the finding was based or paid the
						  penalty or fee to the satisfaction of the responsible agency.
(iii) The violation, penalty or fee is the
						  subject of a good faith appeal or of an agreement, abatement plan or payment
						  schedule with which the permittee or other person responsible is complying to
						  the satisfaction of the responsible agency.
(iv) The permittee does not continue to be
						  responsible for the violation, penalty or fee and has severed an ownership or
						  control link with the other person responsible for the violation, penalty or
						  fee.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.51 - Reviews of active permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will review each permit issued and outstanding during the term
						  of the permit. This review shall occur at the discretion of the Department
						  during the permit term except as required by §
													87.175 (relating to variance to
						  contouring). For permits of longer than 5-year terms, a review of the permit
						  shall be no less frequent than the permit midterm or every 5 years, whichever
						  is more frequent.
(b) After this
						  review, the Department may require revision or modification of the permit
						  provision to ensure compliance with the act and the regulations.
The provisions of this §
															86.51 amended under section 5 of
								The Clean Streams Law (35 P.S. §
																691.5); sections 4(a) and 4.2 of the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.4(a) and
								1396.4b); section
								3.2 of the Coal Refuse Disposal
								Control Act (52 P.S. §
																30.53b);
								section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
								(52
								P.S. §
																1406.7(b)); and
								section 1920-A of The Administrative Code of 1929 (71 P.S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.52 - Permit revisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  revision to a permit shall be obtained for one or more of the following
						  reasons:
(1) For a change to the coal mining
						  activities set forth in the application upon which the permit is
						  issued.
(2) When required by the
						  Department.
(3) To continue
						  operation after the cancellation or material reduction of the liability
						  insurance policy.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.53 - Reporting of new information

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements of §
													86.52 (relating to permit
							 revisions), the permittee shall notify the Department of changes in ownership
							 and control and in facts or information presented in the application except for
							 compliance histories within 45 days of the occurrence of the changes. Changes
							 in the ownership of, or a land use of properties adjacent to the permit area
							 may be reported on a yearly basis. The permittee shall also provide annually,
							 on forms provided by the Department, information required by §
													86.62(b) and (c)
							 (relating to identification of interests). Based on that notice, the Department
							 may require permit revision or take other appropriate action.
This section cited in 25 Pa. Code §
															87.119a (relating to hydrologic
								balance: water rights and replacement); and 25 Pa. Code §
															88.107a (relating to hydrologic
								balance: water rights and
								replacement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.54 - Public notice of permit revision

Current through Register Vol. 54, No. 28, July 13, 2024
A permit revision request shall be subject to the
							 notice requirements of §
													86.31 (relating to public notices
							 of filing of permit applications) under the following circumstances:
(1) For surface mining activities:
(i) Discharging to a different watershed not
						  previously receiving a discharge from the operation or a change in water
						  handling procedure. Water handling includes, but is not limited to, treatment
						  facility design or use of other treatment techniques not identified by the EPA
						  as Best Available Technology Economically Achievable (BAT) in 40 CFR Part 434
						  (relating to coal mining point source Category BPT, BAT, BCT limitations and
						  new source performance standards) and additional discharge points.
(ii) The addition of auger mining to the
						  operation.
(iii) The addition of
						  coal refuse disposal, beneficial use of coal ash or biosolids, or residential
						  septage for land reclamation to the operation.
(iv) The change of postmining land
						  use.
(v) A physical change in the
						  mine configuration is proposed. Physical changes include, but are not limited
						  to, stream diversion structures, new or expanded road systems and elimination
						  of public roads.
(vi) The addition
						  of blasting to the operation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.56 - Transfer of permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A transfer,
						  assignment or sale of the rights granted under a permit may not be made except
						  as provided in this section.
(b)
						  Permits may be reissued in a new name provided that no change of ownership is
						  involved.
(c) The Department may
						  allow a permittee to transfer a permit to another operator if the successor
						  operator:
(1) Is not in violation of the acts,
						  the regulations adopted thereunder or the terms and conditions of permits
						  issued thereunder.
(2) Assumes the
						  liability for reclamation, water pollution, planting and other responsibilities
						  under the law, the rules and regulations and the terms and conditions of the
						  permits from the date of original issuance of the permits.
(3) Has submitted an entirely new
						  application, supporting documentation and complied with public notice
						  requirements of this chapter; or if the successor operator does not wish to
						  submit an entirely new application, the Department will accept an application
						  which incorporates the original application submittals. In such a case the
						  successor operator shall expressly agree to abide by permit conditions, comply
						  with the public participation requirements of this chapter, assume the
						  responsibility for violations which may occur on the area previously affected,
						  and shall furnish the Department with the following:
(i) The identity of the applicant as required
						  in §
															86.62 (relating to identification
						  of interests), and the compliance information as required in §
															86.63 (relating to compliance
						  information).
(ii) A property map
						  showing the extent to which the mining has been completed under the existing
						  permit.
(iii) The name and address
						  of the existing permittee.
(iv)
						  Appropriate bond in the amount specified by the Department in accordance with
						  Subchapter F (relating to bonding and insurance requirements).
(v) Proof of public notice as required by
						  §
															86.31 (relating to public notices
						  of filing of permit applications).
(vi) Additional information that will enable
						  the Department to determine that the applicant is able to operate the mine in
						  such a manner as to prevent pollution to waters of this
						  Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › PERMIT REVIEWS, RENEWALS, REVISIONS AND TRANSFERS › Section 86.57 - Reservation of rights

Current through Register Vol. 54, No. 28, July 13, 2024
Department approval of transfer under this chapter,
							 including, but not limited to, permit transfer may not be deemed to limit the
							 original permittee's responsibility, liability, duty or obligation under law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.61 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
As part of each application for a permit, the
							 applicant shall provide relevant information on the ownership of persons who
							 conduct coal mining activities, the compliance status and history of these
							 persons, the ownership and control of the property to be affected by the
							 operations and other information related to the coal mining activities. At a
							 minimum, the information required by this section and §§ 86.62-86.65,
							 86.67 and 86.70 shall be included.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.62 - Identification of interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application information
. An application shall contain the
						  following information, except that the submission of a social security number
						  is voluntary:
(1) The name, address, telephone
						  number and, as applicable, social security number and employer identification
						  number of the following:
(i) The permit
						  applicant.
(ii) The resident agent
						  of the applicant who will accept service of process.
(iii) The person who will pay the abandoned
						  mine land reclamation fee.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.64 - Right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application shall contain a description of the documents upon which the
						  applicant bases his legal right to enter and commence coal mining activities
						  within the permit area and whether that right is the subject of pending court
						  litigation. The description shall identify the documents by type and date of
						  execution, identify the specific lands to which the document pertains and
						  explain the legal rights claimed by the applicant.
(b) Where the private mineral estate to be
						  mined has been severed from the private surface estate, an applicant shall also
						  submit one of the following:
(1) A copy of the
						  written consent of the surface owner for the extraction of coal by surface
						  mining methods.
(2) A copy of the
						  conveyance that expressly grants or reserves the right to extract coal by
						  surface mining methods.
(3) If the
						  conveyance does not expressly grant the right to extract the coal by surface
						  mining methods, documentation that under the law of the Commonwealth, the
						  applicant has the legal authority to extract the coal by those
						  methods.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.65 - Relationships to areas designated unsuitable for mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application shall contain a statement
						  of available information on whether the proposed permit area is within an area
						  designated unsuitable for mining or under study for designation in an
						  administrative proceeding under Subchapter D (relating to areas unsuitable for
						  mining).
(b) If the proposed permit
						  area is within an area under study for designation as unsuitable for mining in
						  an administrative proceeding, the applicant shall provide a demonstration that
						  he has made substantial legal and financial commitments in relation to the
						  operation before January 4, 1977.
This section cited in 25 Pa. Code §
															86.61 (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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.66 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.67 - Personal injury and property damage insurance information

Current through Register Vol. 54, No. 28, July 13, 2024
Each application for coal mining activities shall
							 contain proof of liability insurance in accordance with the requirements of
							 §
													86.168 (relating to terms and
							 conditions for liability insurance).
This section cited in 25 Pa. Code §
															86.61 (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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.68 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.69 - 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter B - PERMITS › MINIMUM REQUIREMENTS FOR LEGAL FINANCIAL COMPLIANCE AND RELATED INFORMATION › Section 86.70 - Proof of publication

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain an intent to publish and
							 a copy of the language to appear in the public notice demonstrating that the
							 advertisement requirement of §
													86.31(a)
							 (relating to public notices of filing of permit applications) is in the process
							 of being satisfied, and prior to the issuance of the permit, but no later than
							 4 weeks after the last date of advertisement, the applicant shall submit a copy
							 of the advertisements as required by §
													86.31(a) or the
							 original notarized proof of publication to the Department.
This section cited in 25 Pa. Code §
															86.61 (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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.80 - 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:
Qualified consultant and qualified
						  laboratory
-A designated public agency, private consulting firm,
						  institution or analytical laboratory which can provide the required services
						  under this program in accordance with §
												86.92 (relating to basic
						  qualifications).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.81 - Program services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To the
						extent that funds are available in the Small Operators' Assistance Fund, the
						Department will:
(1) Review requests for
						assistance.
(2) Select and pay a
						qualified consultant to:
(i) Determine for the
						applicant the probable hydrologic consequences of the coal mining activities
						both on and off the proposed permit area in accordance with either §
														87.69, §
														88.49 or §
														89.36 (relating to protection of
						the hydrologic balance).
(ii)
						Provide drilling services and prepare a statement of the results of test
						borings or core samplings in accordance with either §
														87.44, §
														88.24 or §
														89.33 (relating to geology
						description; and geology).
(iii)
						Provide a description of the existing resources within and adjacent to the
						proposed permit area in accordance with either one of the following:
(A) Sections 87.41-87.47, 87.50 and
						87.54.
(B) Sections 88.21-88.27 and
						88.31.
(C) Sections
						89.33 -89.36, 89.38 and
						89.74.
(iv) Provide a
						detailed description, to include maps, plans and cross sections, of the
						proposed coal mining activities showing the manner in which the proposed permit
						area will be mined and reclaimed in accordance with one of the following:
(A) Sections
						87.69,
						87.77 and
						87.84 (relating to protection of
						hydrologic balance; protection of public parks and historic places; and, fish
						and wildlife protection and enhancement plan).
(B) Sections
						88.49,
						88.56 and
						88.62 (relating to protection of
						hydrologic balance; protection of public parks and historic places; and fish
						and wildlife protection and enhancement plan).
(C) Sections 89.33-89.36, 89.38 and
						89.74.
(v) Provide
						preblast surveys and a statement of the results of preblast surveys required in
						accordance with §
														87.125 (relating to use of
						explosives: preblasting survey).
(3) Collect and provide general hydrologic
						information on the basin or subbasin areas within which the anticipated mining
						will occur. The information provided shall be limited to that required to
						relate the basin or subbasin hydrology to the hydrology of 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.82 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						will:
(1) Develop and maintain a list of
						qualified consultants and qualified laboratories, and select and pay
						consultants for services rendered.
(2) Conduct periodic onsite evaluations of
						the program activities with the appropriate small operator.
(3) Participate with the Office of Surface
						Mining Reclamation and Enforcement in data coordination activities with the
						United States Geological Survey, the EPA and other appropriate agencies or
						institutions.
(4) Participate with
						the Office of Surface Mining Reclamation and Enforcement in auditing the
						applicant's statement of eligibility.