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 90.115 - Hydrologic balance: groundwater monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Groundwater levels, infiltration rates,
						subsurface flow and storage characteristics, and the quality of groundwater
						shall be monitored in a manner approved by the Department to determine the
						effects of coal refuse disposal activities on the recharge capacity of
						reclaimed lands and on the quantity and quality of groundwater in the permit
						and adjacent areas.
(b) When coal
						refuse disposal activities may affect the groundwater systems which serve as
						aquifers which ensure the hydrologic balance of water use on or off the permit
						area, groundwater levels and groundwater quality shall be monitored. Monitoring
						shall include measurements from a sufficient number of wells and chemical
						analyses of water from aquifers that are adequate to reflect changes in
						groundwater quality and quantity resulting from those activities. Monitoring
						shall be adequate to plan for modification of coal refuse disposal activities,
						if necessary, to prevent, to the maximum extent possible, disturbance of the
						prevailing hydrologic balance. At a minimum, total dissolved solids or specific
						conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total
						manganese and water levels shall be monitored and reported to the Department at
						least every 3 months for each monitoring location.
(c) The person who conducts coal refuse
						disposal activities shall conduct additional hydrologic tests, as specified and
						approved by the Department, including but not limited to drilling, infiltration
						tests, chemical and mineralogical analysis of overburden and spoil, and aquifer
						tests, and shall submit the results to the Department to demonstrate protection
						of the groundwater.
(d) The
						Department may require the operator to conduct monitoring and reporting more
						frequently than every 3 months, and to monitor additional parameters beyond the
						minimum specified in this section.
The provisions of this §
														90.115 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														90.35 (relating to protection of
							 the hydrologic balance); and 25 Pa. Code §
														90.93 (relating to casing and
							 sealing of drilled holes and underground
							 workings).
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 90.116 - Hydrologic balance: surface water monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the monitoring and
						reporting requirements established by the Department under Chapter 92a
						(relating to National Pollutant Discharge Elimination System permitting,
						monitoring and compliance), surface water shall be monitored to accurately
						measure and record the water quantity and quality of the discharges from the
						permit area and the effect of the discharge on the receiving waters. Surface
						water shall be monitored for parameters that relate to the suitability of the
						surface water for current and approved postmining land uses and to the
						objectives for protection of the hydrologic balance as set forth in §
												90.35 (relating to protection of
						hydrologic balance). At a minimum, total dissolved solids or specific
						conductance corrected to 25°C, total suspended solids, pH, acidity,
						alkalinity, total iron, total manganese, sulfates and flow shall be monitored
						and reported to the Department at least every 3 months for each monitoring
						location.
(b) The Department may
						require the operator to conduct monitoring and reporting more frequently than
						every 3 months, and to monitor additional parameters beyond the minimum
						specified in this section.
The provisions of this §
														90.116 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
This section cited in 25 Pa. Code §
														90.35 (relating to protection of
							 the hydrologic balance).
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 90.116a - Hydrologic balance: water rights and replacement

Current through Register Vol. 54, No. 28, July 13, 2024
An operator who conducts coal refuse disposal and
						  adversely affects a water supply by contamination, pollution, diminution or
						  interruption shall comply with §
												87.119a (relating to hydrologic
						  balance: water rights and replacement).
The provisions of this §
														90.116a 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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.119 - Hydrologic balance: discharge of water into an underground mine

Current through Register Vol. 54, No. 28, July 13, 2024
Discharges from coal refuse disposal areas into
						  underground mine workings must comply with the requirements of Chapter 89
						  (relating to underground mining of coal and coal preparation facilities),
						  including applicable permit requirement.
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 90.120 - Hydrologic balance: permanent postdisposal renovation of sedimentation ponds, diversions, impoundments and treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
At the completion of coal refuse disposal activities,
						  the person who conducts the coal refuse disposal activities shall renovate the
						  permanent sedimentation ponds, diversions, impoundments and treatment
						  facilities to meet criteria specified in the detailed design plan for the
						  permanent structures and impoundments, unless the permittee demonstrates that
						  the facility or structure meets the requirements of this subchapter.
						  Impoundments constructed of coal refuse or used to impound coal refuse shall be
						  developed into fills meeting the construction requirements of §
												90.122 (relating to coal refuse
						  disposal), or removed.
The provisions of this §
														90.120 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														90.130 (relating to coal refuse
							 dams).
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 90.122 - Coal refuse disposal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal
						refuse shall be transported and placed in designated disposal areas approved by
						the Department for this purpose. These areas shall be within the permit area.
						The coal refuse disposal area shall be designed, constructed and maintained to
						ensure:
(1) The leachate and surface runoff
						from the permit area will not degrade surface water or groundwater or exceed
						the effluent limitations of §
													90.102 (relating to hydrologic
						balance: water quality standards, effluent limitations and best management
						practices).
(2) Prevention of
						combustion.
(3) Prevention of
						public health hazards.
(4)
						Stability of the fill.
(5) The land
						mass designated as the coal refuse disposal area is suitable for reclamation
						and revegetation compatible with the natural surroundings.
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 90.124 - Coal refuse disposal: site inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The coal refuse disposal area shall be
						inspected for stability by a qualified registered engineer or other qualified
						specialist under the direction of the qualified registered professional
						engineer at least quarterly throughout construction and during the following
						critical construction periods: removal of organic material and topsoil;
						placement of under- drain and protective filter systems; installation of
						surface drainage systems; placement and compaction of fill materials; and
						revegetation. The professional engineer or other qualified professional
						specialist shall be experienced in the construction of earth and rock fill
						embankments. The registered engineer or other qualified professional specialist
						shall provide to the Department a certified report within 2 weeks after each
						inspection that the fill has been constructed as specified in the design
						approved by the Department. A copy of the report shall be retained at the coal
						refuse disposal site.
(b) If an
						inspection discloses that potential hazard exists, the Department shall be
						informed promptly of the findings and the actions to abate the potential
						hazard.
(c) If an inspection
						discloses that an imminent danger exists, the Department shall be informed
						promptly of the findings and of the emergency procedures formulated for public
						protection and remedial action. The permittee shall immediately notify the
						appropriate emergency agencies and residents immediately downstream of the
						affected area.
(d) The certified
						report on underdrains and protective filter systems required under subsection
						(a) shall include color photographs taken during and after construction, but
						before underdrains are covered with coal refuse. If the underdrain system is
						constructed in phases, each phase shall be certified separately. Photographs
						shall be taken in adequate size and number with enough terrain or other
						physical features of the site shown to provide a relative scale to the
						photographs and to specifically and clearly identify the site.
This section cited in 25 Pa. Code §
														90.39 (relating to ponds,
							 impoundments, banks, dams, embankments, piles and fills); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); and 25 Pa. Code §
														90.130 (relating to coal refuse
							 dams).
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 90.125 - Coal refuse disposal: construction requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The coal refuse disposal area shall be
						constructed in compliance with this section and §§
												90.122 and
						90.124 (relating to coal refuse
						disposal; and coal refuse disposal: site inspection), except to the extent the
						requirements of those sections are specifically varied in this
						section.
(b) The coal refuse shall
						be:
(1) Spread in horizontal layers no more
						than 24 inches in thickness.
(2)
						Compacted to attain a minimum of 90% of the maximum dry density as determined
						by the Modified Proctor Test or 95% of the maximum dry density as determined by
						the Standard Proctor Test.
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 90.126 - Coal refuse disposal: burning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person conducting the coal refuse
						disposal activities shall take immediate action to extinguish any fires or hot
						spots in accordance with a plan approved by the Department and the Mine Safety
						and Health Administration. The plan shall contain, as a minimum, provisions to
						ensure that only those persons authorized by the operator, and who have an
						understanding of the procedure to be used, shall be involved in the
						extinguishing operations.
(b) Coal
						refuse may not be deposited on or near any portion of a coal refuse disposal
						area known to be burning.
This section cited in 25 Pa. Code §
														90.39 (relating to ponds,
							 impoundments, banks, dams, embankments, piles and
							 fills).
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 90.127 - Coal refuse disposal: disposal in underground coal mines

Current through Register Vol. 54, No. 28, July 13, 2024
The person conducting the disposal of coal refuse in
						  underground mines shall meet the requirements of Chapter 89 (relating to
						  underground mining of coal and coal preparation facilities).
This section cited in 25 Pa. Code §
														90.3 (relating to general
							 requirements: permit); and 25 Pa. Code §
														90.39 (relating to ponds,
							 impoundments, banks, dams, embankments, piles and
							 fills).
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 90.128 - Coal refuse disposal: active surface mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person disposing of coal refuse in
						active surface mines shall meet the requirements of Chapter 87 (relating to
						surface mining of coal) and §
												90.125 (relating to coal refuse
						disposal: construction requirements).
(b) The Department will limit the volume or
						amount of coal refuse disposal in an active surface mine based on achieving the
						approximate original contour and insuring pollution will not occur.
(c) The coal refuse shall be disposed at a
						minimum of 10 feet above the base of the pit floor or the seasonal high water
						table whichever is higher.
(d) The
						coal refuse shall be spread and compacted in 2 foot layers and may not exceed
						the volume as set forth in subsection (b).
(e) The coal refuse may not be deposited
						against an exposed coal seam. An exposed coal seam shall be covered by
						nontoxic, nonacid and noncombustible spoil at a minimum of 2.5 times the
						thickness of the coal.
(f) The
						Department may require treatment of the coal refuse.
This section cited in 25 Pa. Code §
														90.3 (relating to general
							 requirements: permit); 25 Pa. Code §
														90.39 (relating to ponds,
							 impoundments, banks, dams, embankments, piles and fills); and 25 Pa. Code
							 §
														90.91 (relating to
							 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 90.129 - Coal refuse disposal: abandoned unreclaimed surface mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The volume of coal refuse to be disposed
						in the pit may not exceed in thickness 60% of the height of the highwall, if
						the applicant can demonstrate the overburden and coal refuse can be graded to
						approximate original contours and the disposal of the coal refuse will not
						create a water pollution problem.
(b) The coal refuse shall be disposed at a
						minimum of 10 feet above the base of the pit floor or the seasonal high water
						table whichever is higher.
(c) The
						coal refuse shall be spread and compacted in 2-foot layers, meet the
						requirements of §
												90.125 (relating to coal refuse
						disposal: construction requirements) and may not exceed the volume set forth in
						subsection (a).
(d) The coal refuse
						may not be deposited against an exposed coal seam. An exposed coal seam shall
						be covered by nonacid, nontoxic and noncombustible spoil at a minimum of 2.5
						times the thickness of the coal.
(e) The Department may require treatment of
						the coal refuse.
This section cited in 25 Pa. Code §
														90.39 (relating to ponds,
							 impoundments, banks, dams, embankments, piles and
							 fills).
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 90.130 - Coal refuse dams

Current through Register Vol. 54, No. 28, July 13, 2024
Dams and embankments constructed of coal refuse or
						  intended to impound coal refuse, whether they were completed before adoption of
						  the regulatory program or are intended to be completed thereafter, shall meet
						  the requirements of §§ 90.111-90.113, 90.120, 90.122, 90.124 and
						  90.125.
The provisions of this §
														90.130 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														90.39 (relating to ponds,
							 impoundments, banks, dams, embankments, piles and
							 fills).
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 90.133 - Disposal of noncoal wastes

Current through Register Vol. 54, No. 28, July 13, 2024
Noncoal wastes, including, but not limited to, grease,
						  lubricants, paints, flammable liquids, garbage and other hazardous wastes,
						  shall be disposed of or stored temporarily in accordance with the Solid Waste
						  Management Act (35 P. S. §§
													6018.101-6018.1003) and the regulations
						  promulgated thereunder. Storage must be of a type that fires are prevented and
						  that the area remains stable and suitable for reclamation and revegetation.
						  Noncoal waste materials including, but not limited to, wood, cloth, waste
						  paper, oil, grease and garbage may not be deposited in a coal refuse disposal
						  pile or impounding structure.
The provisions of this §
														90.133 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
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 90.140 - Haul roads and access roads: restoration

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the Department approves retention of a road as
						  suitable for the approved postdisposal land use in accordance with §
												90.166 (relating to postdisposal
						  land use), as soon as practicable after the road is no longer needed for
						  operations, reclamation or monitoring:
(1) The road shall be physically closed to
						vehicular traffic.
(2) The road and
						adjacent slopes shall be regraded to blend with the natural contours and
						drainage pattern.
(3) Bridges and
						culverts shall be removed.
(4)
						Roadbeds shall be ripped or scarified.
(5) Fill slopes shall be rounded or reduced
						and shaped to conform the site to adjacent terrain and to meet natural drainage
						restoration standards.
(6) Cut
						slopes shall be shaped to blend with the natural contour.
(7) Cross drains, dikes and water bars shall
						be constructed to minimize erosion.
(8) Terraces shall be constructed as
						necessary to prevent excessive erosion and to provide long-term stability in
						cut and fill slopes.
(9) Road
						surfacing materials shall be removed if the materials are incompatible with the
						postmining land use and establishment of vegetation.
(10) Disturbed areas shall be covered with
						topsoil in accordance with §§
												90.96-90.100 and revegetated in
						accordance with §
												90.151 (relating to revegetation:
						general requirements).
(11) Excess
						material and debris shall be disposed in a manner approved by the
						Department.
This section cited in 25 Pa. Code §
														90.47 (relating to haul roads,
							 access roads and other transportation facilities); and 25 Pa. Code §
														90.134 (relating to haul roads and
							 access roads: general).
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 90.146 - Other transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
Railroad loops, spurs, sidings, surface conveyor
						  systems, chutes, aerial tramways or other transportation facilities within the
						  proposed permit area shall be designed, constructed or reconstructed, and
						  maintained and the area restored, to:
(1) Prevent, using the best technology
						currently available:
(i) Damage to fish,
						wildlife and related environmental values.
(ii) Additional contributions of suspended
						solids to streamflow or runoff outside the permit area. Contributions may not
						be in excess of limitations of State or Federal law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.147 - Support facilities and utility installations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Support facilities required for, or used
						incidentally to, the operation of the coal refuse disposal area, including, but
						not limited to, buildings, coal loading facilities at or near the coal refuse
						disposal site, coal storage facilities, equipment storage facilities, fan
						buildings, hoist buildings, preparation plants, sheds, shops and other
						buildings, shall be located, maintained and used in a manner that does the
						following:
(1) Prevents or controls erosion
						and siltation, water pollution and damage to public or private
						property.
(2) To the extent
						possible using the best technology currently available minimizes:
(i) Damage to fish, wildlife and related
						environmental values.
(ii)
						Additional contributions of suspended solids to streamflow or runoff outside
						the permit area. These contributions may not be in excess of limitations of
						State or Federal law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.148 - Blasting

Current through Register Vol. 54, No. 28, July 13, 2024
Blasting, if required, shall be conducted in accordance
						  with §§ 87.124-87.127 and 87.129.
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 90.149 - Air resources protection

Current through Register Vol. 54, No. 28, July 13, 2024
Air pollution control measures shall be planned and
						  employed as an integral part of the coal refuse disposal activities and shall
						  meet the following requirements:
(1)
						If processing facilities are to be used at the coal refuse disposal site, the
						facilities shall meet the requirements of Chapters 123 and 127 (relating to
						standards for contaminants; and construction, modification, reactivation and
						operation of sources).
(2) Fugitive
						dust control measures shall demonstrate compliance with Chapters 121, 123, 127
						and 129.
This section cited in 25 Pa. Code §
														90.44 (relating to air pollution
							 control plan).
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 90.150 - Protection of fish, wildlife and related environmental values

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						conducting coal refuse disposal activities shall, to the extent possible using
						the best technology currently available:
(1)
						Minimize disturbances and adverse impacts of the activities on fish, wildlife
						and related environmental values, and achieve enhancement of the resources when
						practical.
(2) Locate and operate
						haul and access roads to avoid or minimize impacts to fish and wildlife species
						or other species protected by State or Federal law.
(3) Avoid disturbance to, enhance where
						practicable, or restore habitats of unusually high value for fish and
						wildlife.
(4) Restore, enhance when
						practicable, or maintain natural riparian vegetation on the banks of streams,
						lakes and other wetland areas.
(5)
						Not use restricted pesticides on the areas during coal refuse disposal
						activities, unless approved by the Department of Agriculture.
(6) Do the following, if fish and wildlife
						habitat is to be postdisposal land use, in addition to the requirements of
						§§ 90.151-90.157, 90.159 and 90.160:
(i) Select plant species to be used on
						reclaimed areas, based on the following criteria:
(A) Their proven nutritional value for fish
						and wildlife.
(B) Their uses as
						cover for fish and wildlife.
(C)
						Their ability to support and enhance fish and wildlife habitat after release of
						bonds.
(ii) Distribute
						plant groupings to maximize benefit to fish and wildlife. Plants shall be
						grouped and distributed in a manner which optimizes edge effect, cover and
						other benefits for fish and wildlife.
(7) Intersperse the fields with trees, hedges
						or fence rows throughout the harvested area to break up large blocks of
						monoculture and to diversify habitat types for birds and other animals when
						cropland is to be the alternative postdisposal land use and when appropriate
						for wildlife and crop management practices. Wetlands shall be preserved or
						created rather than drained or otherwise permanently abolished.
(8) Intersperse reclaimed lands with
						greenbelts utilizing species of grass, shrubs and trees useful as food and
						cover for birds and small animals, unless the green belts are inconsistent with
						the approved postdisposal land use, when the primary land use is to be
						residential, public service or industrial land use.
(9) Design fences, overland conveyors and
						other potential barriers to permit passage for large mammals, except if the
						Department determines that the requirements are unnecessary.
(10) Fence, cover or use other appropriate
						methods to exclude wildlife from ponds which contain hazardous concentrations
						of toxic-forming materials.
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 90.151 - Revegetation: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vegetation shall be established on all
						land affected by coal refuse disposal activities.
(b) Revegetation shall provide for a diverse,
						effective and permanent vegetative cover of the same seasonal variety native to
						the area of land to be affected and capable of self-regeneration and plant
						succession at least equal in extent of cover to the natural vegetation of the
						area; except that introduced species may be used in the revegetation process
						when desirable and necessary to achieve the approved postdisposal land use
						plan. Vegetative cover shall be considered of the same seasonal variety when it
						consists of a mixture of species of equal or superior utility for the approved
						postdisposal land use when compared with the utility of naturally occurring
						vegetation during each season of the year. For areas designated as prime
						farmland, the requirements of §§ 90.161-90.165 shall apply.
(c) Revegetation shall provide a
						quick-germinating, fast growing vegetative cover capable of stabilizing the
						soil surface from erosion.
(d) All
						revegetation shall be completed in compliance with the plans submitted under
						§
												90.34 (relating to reclamation:
						postdisposal land use) as approved by the Department in the permit, and carried
						out in a manner that encourages a prompt vegetative cover and recovery of
						productivity levels compatible with the approved postdisposal land
						use.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.100 (relating to nutrients and
							 soil amendments); 25 Pa. Code §
														90.104 (relating to hydrologic
							 balance: diversions); 25 Pa. Code §
														90.105 (relating to stream channel
							 diversions); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); 25 Pa. Code §
														90.140 (relating to haul roads and
							 access roads: restoration); 25 Pa. Code §
														90.150 (relating to protection of
							 fish, wildlife and related environmental values); and 25 Pa. Code §
														90.165 (relating to prime
							 farmland: revegetation).
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 90.152 - Revegetation: timing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Disturbed
						areas shall be seeded and planted when weather and planting conditions permit,
						but the seeding and planting of disturbed areas shall be conducted no later
						than the first normal period for favorable planting after grading. The normal
						periods for favorable planting are:
(1) Early
						spring until May 30, and August 10 until September 15, for permanent herbaceous
						species.
(2) Early spring until May
						20, for woody species.
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 90.153 - Revegetation: introduced species

Current through Register Vol. 54, No. 28, July 13, 2024
The use of introduced species in the revegetation
						  process may be approved by the Department under the following conditions:
(1) The species have been proven
						acceptable through field trials to be capable of providing permanent vegetation
						and are desirable and necessary to achieve the approved postdisposal land
						use.
(2) The species are necessary
						to achieve a quick, temporary and stabilizing cover that aids in controlling
						erosion; and measures to establish permanent vegetation are included in the
						approved plan submitted in §
												90.34 (relating to reclamation:
						postdisposal land use).
(3) The
						species are compatible with the plant and animal species of the
						region.
(4) The species meet the
						requirements of applicable State and Federal seed or introduced species
						statutes and are not poisonous or noxious.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.100 (relating to nutrients and
							 soil amendments); 25 Pa. Code §
														90.105 (relating to stream channel
							 diversions); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); and 25 Pa. Code §
														90.150 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 90.154 - Revegetation: agriculture crops

Current through Register Vol. 54, No. 28, July 13, 2024
When the approved postdisposal land use is cropland,
						  the planting of agriculture crops normally grown in the general locality of the
						  permit area shall satisfy the revegetation requirements of §
												90.166 (relating to postdisposal
						  land use). If planting of the crop will be delayed, a temporary cover of annual
						  or perennial grasses or small grains shall be established.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.100 (relating to nutrients and
							 soil amendments); 25 Pa. Code §
														90.105 (relating to stream channel
							 diversions); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); and 25 Pa. Code §
														90.150 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 90.155 - Revegetation: species

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Species,
						rates and techniques of seeding and planting shall be adequate to achieve the
						standards for successful revegetation of §
												90.159 (relating to revegetation:
						standards for successful revegetation).
(b) Legume seed shall be inoculated or
						treated with the specific inoculant for that seed and the seed shall be seeded
						within 24 hours after inoculation or treatment.
(c) A single tree or shrub species may not
						comprise more than 50% of the total number of seedlings planted.
(d) When the approved postdisposal land use
						is wildlife habitat, unless alternative plans are approved by the Department, a
						minimum of 75% of the land affected shall be planted with a mixture of woody
						species which provides a diverse plant community. The remaining affected area
						shall be planted to an approved herbaceous cover. The configuration and species
						composition of the cover types shall be established in accordance with
						guidelines of the Fish and Boat Commission and Game Commission.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.100 (relating to nutrients and
							 soil amendments); 25 Pa. Code §
														90.105 (relating to stream channel
							 diversions); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); 25 Pa. Code §
														90.150 (relating to protection of
							 fish, wildlife and related environmental values); and 25 Pa. Code §
														90.159 (relating to revegetation:
							 standards for successful
							 revegetation).
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 90.156 - Revegetation: seedbed preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The soil surface shall be prepared by
						disking or harrowing. If soil conditions or steep slopes prohibit the
						practices, the soil surface shall be scarified by any mechanical method which
						will loosen the surface material. Scarification will not be required if seeding
						is done immediately following final grading when the soil is still
						loose.
(b) Disking or harrowing
						shall be accomplished following or along the contours of all slopes.
(c) Topsoil shall be disked or harrowed to a
						depth of at least 3 inches prior to seeding.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.100 (relating to nutrients and
							 soil amendments); 25 Pa. Code §
														90.105 (relating to stream channel
							 diversions); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); and 25 Pa. Code §
														90.150 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 90.157 - Revegetation: mulching

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mulch
						shall be applied to all regraded and topsoiled areas at rates adequate to
						control erosion, promote germination of seeds and increase the moisture
						retention of the soil. With the exception of outslopes of terrace contours,
						dams or embankments, fills between terrace benches or any other approved slopes
						which exceed 36%, the Department may waive the requirement for mulch under the
						following conditions:
(1) When seeding can be
						accomplished using a conventional agricultural farm drill.
(2) When the approved postdisposal land use
						is for agricultural crops.
(3) When
						annual grasses or small grains can be seeded immediately following final
						grading, resulting in a quick vegetative cover which will provide adequate soil
						erosion control.
(4) When the
						permittee can demonstrate that alternative procedures will achieve the
						standards for revegetation success of §
													90.159 (relating to revegetation:
						standards for successful revegetation).
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 90.159 - Revegetation: standards for successful revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the approved postdisposal land use
						is cropland or as provided in subsection (c), the following apply:
(1) The standards for successful revegetation
						shall be based upon crop productivity or yield.
(2) The approved standard shall be the
						average yields per acre for the crop and soil type as specified in the soil
						surveys of the United States Department of Agriculture Natural Resources
						Conservation Service.
(3) The
						productivity or yield of the disposal area shall be equal to or greater than
						the approved standard for the last two consecutive growing seasons of the
						5-year responsibility period established in this section. Productivity or yield
						shall be considered equal if production or yield is at least 90% of the
						approved standard.
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 90.160 - Revegetation: techniques and frequency of measurement

Current through Register Vol. 54, No. 28, July 13, 2024
The coal refuse disposal permittee shall conduct
						  periodic measurements of vegetation to identify conditions during the
						  applicable periods of responsibilities specified in §
												90.159 (relating to revegetation:
						  standards for successful revegetation). The permittee shall report the findings
						  of these measurements to the Department.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.100 (relating to nutrients and
							 soil amendments); 25 Pa. Code §
														90.105 (relating to stream channel
							 diversions); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 25 Pa. Code §
														90.125 (relating to coal refuse
							 disposal: construction requirements); and 25 Pa. Code §
														90.150 (relating to protection of
							 fish, wildlife and related environmental
							 values).
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 90.161 - Prime farmland: special requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the coal refuse disposal activities
						are being conducted on prime farmland historically used for cropland, a permit
						for the mining and reclamation operation may be granted by the Department if it
						first finds, in writing and after consultation with the Natural Resources
						Conservation Service, that the applicant has demonstrated that:
(1) The approved postdisposal land use of
						this prime farmland will result in the land restored to a condition of being
						used for cropland.
(2) The
						applicant has the technological capability to restore the prime farmland,
						within a reasonable time, to equivalent or higher levels of yield as
						nondisposal prime farmland in surrounding areas under equivalent levels of
						management.
(3) The proposed
						reclamation will be conducted in compliance with the requirements of this
						section and §§ 90.162-90.165.