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 90 - COAL REFUSE DISPOSAL › Subchapter D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.162 - Prime farmland: soil removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Soil
						materials to be used in the reconstruction of the prime farmland soil shall be
						removed before drilling, blasting or mining, in accordance with this section
						and in a manner that prevents mixing or contaminating these materials with
						undesirable material. Soil materials shall be removed in a manner that does not
						result in air and water pollution.
(b) The entire A horizon shall be separately
						removed from other soil and overburden materials.
(c) The B horizon, a combination of the B
						horizon and underlying C horizon, or other suitable soil material which will
						create a reconstructed soil of equal or greater productive capacity than that
						which existed before mining shall be separately removed from other topsoil and
						overburden materials.
(d) The
						underlying C horizons, other strata or a combination of horizons or other
						strata to be used instead of the B horizon, shall be separately removed from
						the topsoil and overburden materials. When replaced, these combinations shall
						be equal to, or more favorable for plant growth than, the B horizon.
(e) The minimum depth of soil and soil
						material to be removed for use in reconstruction of prime farmland soils shall
						be sufficient to meet the soil replacement requirements of §
												90.164(a) 
						(relating to prime farmland: soil replacement).
This section cited in 25 Pa. Code §
														86.159 (relating to self-bonding);
							 25 Pa. Code §
														90.45 (relating to prime
							 farmland); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); 25 Pa. Code §
														90.151 (relating to revegetation:
							 general requirements); 25 Pa. Code §
														90.161 (relating to prime
							 farmland: special requirements); 25 Pa. Code §
														90.163 (relating to prime
							 farmland: soil stockpiling); and 25 Pa. Code §
														90.164 (relating to prime
							 farmland: soil replacement).
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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.163 - Prime farmland: soil stockpiling

Current through Register Vol. 54, No. 28, July 13, 2024
If not utilized immediately, the A horizon specified in
						  §
												90.162(b)
						  (relating to prime farmland: soil removal) and the B horizon or other suitable
						  soil materials specified in §
												90.162(c) and (d)
						  shall be stored separately from each other and from spoil. These stockpiles
						  shall be placed within the permit area where they are not disturbed or exposed
						  to excessive water or wind erosion before the stockpiled horizons can be
						  redistributed. Stockpiles in place for more than 30 days shall meet the
						  requirements of §
												90.98 (relating to topsoil:
						  storage).
This section cited in 25 Pa. Code §
														86.159 (relating to self-bonding);
							 25 Pa. Code §
														90.45 (relating to prime
							 farmland); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); 25 Pa. Code §
														90.151 (relating to revegetation:
							 general requirements); and 25 Pa. Code §
														90.161 (relating to prime
							 farmland: special requirements).
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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.164 - Prime farmland: soil replacement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The minimum depth of soil and soil material to be reconstructed for prime
						farmland shall be 48 inches, or a depth equal to the depth of a subsurface
						horizon in the natural soil that inhibits root penetration, whichever is
						shallower. The Department may specify a depth greater than 48 inches, whenever
						necessary to restore productive capacity due to uniquely favorable soil
						horizons at greater depths. Soil horizons shall be considered as inhibiting
						root penetration if their densities, chemical properties or water-supplying
						capacities restrict or prevent penetration by roots of plants common to the
						vicinity of the permit area and have little or no beneficial effect on soil
						productive capacity.
(b) Soil
						material shall be replaced only on land which has been first returned to final
						grade and scarified according to §
												90.122 (relating to coal refuse
						disposal), unless site-specific evidence is provided to and approved by the
						Department showing that scarification will not enhance the capability of the
						reconstructed soil to achieve equivalent or higher levels of yield.
(c) The soil horizons or other suitable soil
						material shall be replaced in a manner that avoids excessive compaction and
						creates a reconstructed soil of equal or greater productive capacity than that
						which existed before mining.
(d)
						The B horizon or other suitable material specified in §
												90.162(c) and (d)
						 (relating to prime farmland: soil removal)
						shall be replaced to the thickness needed to meet the requirements of
						subsection (a).
(e) The A horizon
						specified in §
												90.162(b) shall
						be replaced as the final surface soil layer. This surface soil layer shall
						equal or exceed the thickness of the original soil, as determined in §
												90.45 (relating to prime
						farmland), and be replaced in a manner that protects the surface layer from
						wind and water erosion before it is seeded or planted.
(f) Nutrients and soil amendments shall be
						applied as needed to quickly establish vegetative growth.
This section cited in 25 Pa. Code §
														86.159 (relating to self-bonding);
							 25 Pa. Code §
														90.45 (relating to prime
							 farmland); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); 25 Pa. Code §
														90.151 (relating to revegetation:
							 general requirements); 25 Pa. Code §
														90.161 (relating to prime
							 farmland: special requirements); and 25 Pa. Code §
														90.162 (relating to prime
							 farmland: soil removal).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.166 - Postdisposal land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
						to the release of land from permit area in accordance with Chapter 86,
						Subchapter F (relating to bonding and insurance requirements), all affected
						areas shall be restored in a timely manner to conditions that are capable of
						supporting the uses which they were capable of supporting before any coal
						refuse disposal activities, or to higher or better uses achievable under
						criteria and procedures of this section.
(b) The predisposal use of land to which the
						postdisposal land use is compared shall be determined by the following:
(1) The postdisposal land use for land that
						has not been previously mined or had coal refuse disposal activities and has
						been properly managed shall be judged on the basis of those uses which the land
						previously supported.
(2) The
						postdisposal land use for land that has been previously mined and not reclaimed
						shall be judged on the basis of the condition prior to any mining, including
						disposal, or the highest and best use that can be achieved and is compatible
						with surrounding areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.167 - Cessation of operations: temporary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before temporary cessation status of
						operations for a period of 30 days or more, an operator shall submit to the
						Department a notice of intention to temporarily cease operations. The notice
						shall include all of the following:
(1) A
						statement of the exact number of acres affected in the permit area.
(2) A description of the extent and kind of
						reclamation of the areas.
(3)
						Identification of the backfilling, regrading, revegetation, environmental
						monitoring and water treatment activities that will continue during the
						temporary cessation status.
(4) A
						description of the status of all operations that are a source of the coal
						refuse.
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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.168 - Cessation of operations: permanent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Operations that are permanently ceased
						shall be backfilled or closed or otherwise permanently reclaimed in accordance
						with this chapter and the permit. All underground openings, equipment,
						structures or other facilities not required for monitoring, unless approved by
						the Department as suitable for the postmining land use, shall be removed and
						the affected land reclaimed.
(b)
						Unless coal refuse disposal operations resume as specified in §
												90.167(e) or (f)
						(relating to cessation of operations: temporary), termination of temporary
						cessation status will place the mining operation in permanent cessation status
						and subject to the provisions of subsection (a). Temporary cessation status
						will terminate for operations that fail to comply with any of the following:
(1) A final adjudicated proceeding as defined
						under §
													86.355(e)
						(relating to criteria for approval of application) as a result of an act or
						omission which violates the acts as defined in §
													86.1 (relating to definitions),
						this chapter or Chapters 86, 87, 88 or 89.
(2) A permit condition required by the acts,
						this chapter or Chapters 86, 87, 88 or 89.
(3) A consent order and agreement or a
						consent order.
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 E - SITE SELECTION › Section 90.201 - 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:
Preferred site
-A watershed polluted by
						  acid mine drainage; a watershed containing an unreclaimed surface mine but
						  which has no mining discharge; a watershed containing an unreclaimed surface
						  mine with discharges that could be improved by the proposed coal refuse
						  disposal operation; unreclaimed coal refuse disposal piles that could be
						  improved by the proposed coal refuse disposal operation; other unreclaimed
						  areas previously affected by mining activities; or an area adjacent to or an
						  expansion of an existing coal refuse disposal site.
Search area
-The geographic area within
						  a 1-mile radius of an existing coal preparation facility or the 25-square mile
						  geographic area encompassing a proposed coal preparation facility.
Selected site
-A location selected by
						  the applicant and approved by the Department under this subchapter for which
						  the applicant can then apply for a permit to conduct coal refuse disposal
						  activities.
The provisions of this §
														90.201 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 90 - COAL REFUSE DISPOSAL › Subchapter E - SITE SELECTION › Section 90.202 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						preferred site shall be used for coal refuse disposal unless the applicant
						demonstrates to the Department that an alternate site is more suitable based
						upon engineering, geology, economics, transportation systems, and social
						factors and is not adverse to the public interest.
(b) The applicant is required to determine
						whether the search area contains a preferred site.
(1) For a new coal refuse disposal area that
						will support an existing coal mining activity, the applicant shall examine the
						geographic area within a 1-mile radius of the existing coal mining activity.
(2) For a proposed coal refuse
						disposal area that will support a proposed coal preparation facility, the
						applicant shall examine a 25-square mile geographic area encompassing the
						proposed coal preparation facility. In defining the 25-square mile area,
						consideration shall be given to environmental, technical, transportation,
						economic and social factors where applicable.
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 E - SITE SELECTION › Section 90.203 - Proposing a preferred site

Current through Register Vol. 54, No. 28, July 13, 2024
If the applicant proposes to use a preferred site, the
						  Department will approve the proposed site subject to §
												90.202(c)
						  (relating to general requirements) provided the applicant demonstrates that the
						  attendant adverse environmental impacts will not clearly outweigh the public
						  benefits.
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 E - SITE SELECTION › Section 90.204 - Proposing an alternate site

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Where a preferred site exists within the search area, but the applicant
						proposes an alternate site, the applicant shall:
(1) Demonstrate that the alternate site is
						more suitable, using criteria in §
													90.202(a)
						(relating to general requirements), than all preferred sites within the search
						area.
(2) Identify other alternate
						sites considered and provide the basis for the rejection of these
						sites.
(3) Based on reasonably
						available data, demonstrate that it is the most suitable site based on
						environmental, economic, technical, transportation and social
						factors.
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 E - SITE SELECTION › Section 90.205 - Alternatives analysis

Current through Register Vol. 54, No. 28, July 13, 2024
The alternatives analysis required by §§
												90.202(b) and
						  90.204 (relating to general
						  requirements; and proposing an alternate site) satisfies the requirement for an
						  alternatives analysis under the Dam Safety and Encroachments Act (32 P.S.
						  §§
													693.1-693.27) and regulations
						  promulgated thereunder. See Chapter 105 (relating to dam safety and waterway
						  management).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter E - SITE SELECTION › Section 90.206 - Disapproval of a proposed site

Current through Register Vol. 54, No. 28, July 13, 2024
If the Department disapproves the applicant's proposed
						  site, the applicant may submit a new proposal supporting the selection of
						  another site located either within or outside of the search
						  area.
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 E - SITE SELECTION › Section 90.207 - Approval of a selected site

Current through Register Vol. 54, No. 28, July 13, 2024
Department approval of a selected site does not
						  indicate the Department will approve an application for coal refuse disposal
						  activities for the selected site.
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 90.301 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter
						specifies procedures and rules applicable to those who seek authorization to
						engage in coal refuse disposal activities on an area on which there are
						preexisting pollutional discharges resulting from previous mining and describes
						the terms and conditions under which the Department may release bonds to
						operators who have received authorization.
(b) Chapter 86 (relating to surface and
						underground coal mining: general) and Subchapters A-D apply to authorizations
						to mine areas with preexisting pollutional discharges except as specifically
						modified by this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.303 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Authorization
						may be granted under this subchapter when the authorization is part of the
						following:
(1) A permit issued after February
						6, 1995, but only if the authorization request is made during one of the
						following periods:
(i) At the time of the
						submittal of the permit application for the coal refuse disposal activities,
						including the proposed pollution abatement area.
(ii) Prior to a Department decision to issue
						or deny that permit.
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 90.304 - Application for authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						operator who requests authorization under this subchapter shall comply with the
						permit application requirements of Chapter 86 (relating to surface and
						underground coal mining: general) and Subchapters A-D, except as specifically
						modified by this subchapter. The operator shall also:
(1) Delineate on a map the proposed pollution
						abatement area, including the location of the pre-existing
						discharges.
(2) Provide a
						description of the hydrologic balance for the proposed pollution abatement area
						that includes:
(i) Results of a detailed
						water quality and quantity monitoring program, including seasonal variations,
						variations in response to precipitation events and modeled baseline pollution
						loads using this monitoring program.
(ii) Monitoring for flow, pH, alkalinity,
						acidity, total iron, total manganese, total aluminum, sulfates, total suspended
						solids and other water quality parameters the Department deems
						relevant.
(3) Provide a
						pollution abatement plan which must:
(i)
						Describe the pollution abatement area.
(ii) Be designed to reduce the pollution load
						from pre-existing discharges and must identify the selected best management
						practices (BMP) to be used.
(iii)
						Describe the design specifications, construction specifications, maintenance
						schedules, criteria for monitoring and inspection, and expected performance of
						the BMPs.
(iv) Represent best
						technology and include:
(A) Plans,
						cross-sections and schematic drawings describing the pollution abatement plan
						proposed to be implemented.
(B) A
						description and explanation of the range of abatement level that is anticipated
						to be achieved, costs and each step in the proposed pollution abatement
						plan.
(C) A description of the
						standard of success for revegetation necessary to insure success of the
						pollution abatement plan.
(v) Provide a description of and information
						on the pre-existing discharges hydrogeologically connected to the remining
						area.
(4) Determine the
						baseline pollution load.
(5)
						Provide background data that are the bases for the baseline pollution load. The
						baseline pollution load shall be reported in pounds per
						day.
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 90.305 - Application 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 the following to the satisfaction of the Department on the basis
						of information in the application:
(1)
						Neither the operator, nor an officer, principal shareholder, agent, partner,
						associate, parent corporation, subsidiary or affiliate, sister corporation,
						contractor or subcontractor, or a related party as defined in §
													86.1 (relating to definitions) 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.306 - Operational requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An operator who receives an authorization under this
						  subchapter shall comply with Chapter 86 (relating to surface and underground
						  coal mining: general) and Subchapters A-D 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 §
												90.309 (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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.307 - Treatment of discharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						for pre-existing discharges that are not encountered during coal refuse
						disposal activities or the implementation of the pollution abatement plan, the
						operator shall comply with §
												90.102 (relating to hydrologic
						balance: water quality standards, effluent limitations and best management
						practices).
(b) Except as provided
						in §
												90.310(d) 
						(relating to effluent limitations), the operator shall treat the pre-existing
						discharges that are not encountered during coal refuse disposal activities 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 limitation in
						§
												90.102 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 in § 90.102.
(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 that would otherwise drain into the affected area,
						as long as the diversions are designed, operated and maintained under §
												90.104(b)-(h)
						(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 the following
						to the Department's satisfaction:
(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) Coal refuse disposal 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 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 surface water pollution or 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.308 - Request for bond release

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						  86.172(c) and
						  90.309 (relating to criteria for
						  release of bond; and criteria and schedule for release of bonds on pollution
						  abatement areas) apply to the release of bonds for pollutional abatement areas
						  authorized by this subchapter. Section
						  86.172(a) and (b)
						  is not applicable to the release of bonds.
The provisions of this §
														90.308 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.309 - 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 50% of the amount of bond for the authorized pollution
						abatement area if the applicant demonstrates and the Department finds the
						following:
(1) The coal refuse disposal
						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, grading, installing the water impermeable cover and drainage
						control in accordance with 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 groundwater
						and surface water monitoring conducted by the permittee under §
													90.306(a)(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 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.310 - 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 §
																		90.102 (relating to hydrologic
									 balance: water quality standards, effluent limitations and best management
									 practices).
(2) A pre-existing discharge is exempt from
						meeting standards in §
													90.102 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.311 - Baseline determination and compliance monitoring for pre-existing discharges at remin-ing 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.312 - 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 90 - COAL REFUSE DISPOSAL › Subchapter F - COAL REFUSE DISPOSAL ACTIVITIES ON AREAS WITH PRE-EXISTING POLLUTIONAL DISCHARGES › Section 90.313 - 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 §
													90.312(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 90 - COAL REFUSE DISPOSAL › Subchapter G - EXPERIMENTAL PRACTICES › Section 90.401 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To encourage
						advances in coal refuse disposal practices, coal refuse site reclamation and
						advances in technology or practices that will enhance environmental protection
						with respect to coal refuse disposal activities, the Department may grant
						permits approving experimental practices and demonstration projects. The
						Department may grant these permits under the following circumstances:
(1) The environmental protection provided
						will be potentially more protective or at least as protective as required by
						this chapter, the Coal Refuse Disposal Control Act (52 P. S. §§
														30.51-30.66) and Chapter 86 (relating to
						surface and underground coal mining: general).
(2) The coal refuse disposal activities
						approved under the permits are not larger or more numerous than necessary to
						determine the effectiveness and economic feasibility of the experimental
						practices or demonstration projects.
(3) The experimental practices or
						demonstration projects do not reduce the protection afforded public health and
						safety below that provided by this chapter, the Coal Refuse Disposal Control
						Act and Chapter 86.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › GENERAL › Section 91.2 - Agreements with other states and agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The administration of the act and the rules and
						  regulations of the Department will conform to interstate obligations the
						  Commonwealth or the Department has assumed or shall in the future assume with
						  other states, the Federal government or their agents under interstate
						  agreements or other formal commitments.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › GENERAL › Section 91.3 - Consistency with laws

Current through Register Vol. 54, No. 28, July 13, 2024
No act or approval by the Department may be construed
						  as an intent on its part to approve anything inconsistent with law or as
						  abrogating the requirement that the approval of another municipal, State or
						  Federal agency shall be obtained by the party in interest if the approval is
						  necessary or precedent to the carrying out of anything approved by the
						  Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › GENERAL › Section 91.5 - Interpretation of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
Unless a provision of this article explicitly exempts a
						  discharge from permit requirements, no provision of this article may be
						  construed as authorizing a discharge of industrial wastes or other wastes
						  without a permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article II - Water Resources › Chapter 91 - GENERAL PROVISIONS › GENERAL › Section 91.6 - Pollution prevention

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will encourage pollution prevention by
						  providing assistance to the permittee and users of the permittee's facilities
						  in the consideration of pollution prevention measures such as process changes,
						  materials substitution, reduction in volume of water use, in-process recycling
						  and reuse of water, and by general measures of "good housekeeping" within the
						  plant or facility. The Department will encourage consideration of the following
						  measures, in descending order of preference, for environmental management of
						  wastes: reuse, recycling, treatment and disposal.
The provisions of this §
														91.6 issued under section 5 of The
							 Clean Streams Law (35 P. S. §
															691.5); 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 II - Water Resources › Chapter 91 - GENERAL PROVISIONS › ADMINISTRATION AND ENFORCEMENT › Section 91.11 - Compliance conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will confer with the representatives of organizations required to
						abate their pollution of the waters of this Commonwealth and offer advice and
						suggestions regarding possible means for abatement of the pollution in question
						through pollution prevention measures or treating the waste if pollution
						prevention is not possible.
(b) One
						or more conferences will be held in the interests of attaining a better
						understanding of the pollution problems involved and of expediting solutions to
						specific pollution problems. If applicable, the conferences will be held prior
						to the preparation of plans.
The provisions of this §
														91.11 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); 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 II - Water Resources › Chapter 91 - GENERAL PROVISIONS › ADMINISTRATION AND ENFORCEMENT › Section 91.12 - Conference procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Employes of the Department may not act as consulting engineers for a party or
						recommend the employment of a particular consultant, gather the data for the
						design of his treatment plant, prepare plans or act as an inspector on the
						construction of the project.
(b)
						Employes of the Department will not guarantee directly or by implication the
						efficacy of a proposed method of pollution abatement.
(c) Employes of the Department shall exercise
						their best judgment in assisting the party and his engineers, but the
						responsibility for abating pollution shall rest entirely upon the one causing
						the pollution.
The provisions of this §
														91.12 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); 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 II - Water Resources › Chapter 91 - GENERAL PROVISIONS › ADMINISTRATION AND ENFORCEMENT › Section 91.13 - Abatement or treatment required

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will require either abatement of the
						  pollution or the submission of a plan and schedule for bringing the source's
						  pollutants into compliance through pollution prevention measures, treatment or
						  other means by a specific date, and shall require progress reports thereon,
						  usually at monthly or bimonthly intervals as the Department will deem
						  appropriate.
The provisions of this §
														91.13 amended under section 5 of
							 The Clean Streams Law (35 P. S. §
															691.5); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).