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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.34 - Reclamation: postdisposal land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a
						description of the proposed land use, following reclamation, of the lands to be
						affected within the proposed permit area by coal refuse disposal activities,
						including a discussion of the utility and capacity of the reclaimed land to
						support a variety of alternative uses, and the relationship of the proposed use
						to existing land use policies and plans. This description shall explain the
						following:
(1) How the proposed postdisposal
						land use is to be achieved, and the necessary support activities which may be
						needed to achieve the proposed land use.
(2) The detailed management plan to be
						implemented when pastureland is the postdisposal land use.
(3) Materials needed for approval of the
						alternative use under §
													90.166 (relating to postdisposal
						land use).
(4) The consideration
						given to making all of the proposed coal refuse disposal activities consistent
						with surface owner plans and applicable Commonwealth and local land use plans
						and programs.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.35 - Protection of the hydrologic balance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a detailed
						description, with appropriate maps and cross-sections, of the measures to be
						taken during and after the proposed coal refuse disposal activities, in
						accordance with the performance standard of Subchapter D (relating to
						performance standard for coal refuse disposal), to ensure protection of:
(1) The quality and quantity of the
						groundwater, both within the proposed permit area and adjacent areas, from
						adverse effects of the proposed coal refuse disposal activities.
(2) The rights of present users to surface
						and groundwater.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.36 - Stream diversions, water obstructions and encroachments

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain the necessary information
						  to demonstrate how each proposed water obstruction and encroachment will meet
						  the requirement of Chapter 105 (relating to dam safety and waterway management)
						  and §
												90.105 (relating to stream channel
						  diversions).
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.37 - Erosion and sedimentation control

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain the necessary information
						  to demonstrate how each proposed sediment control measure for the coal refuse
						  disposal operation will meet the requirements of Chapter 102 (relating to
						  erosion and sediment control) and §
												90.106 (relating to hydrologic
						  balance: erosion and sedimentation control).
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.38 - Diversions

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall show the manner in which the
						  applicant plans to direct water from entering the operation in accordance with
						  §
												90.104 (relating to hydrologic
						  balance: diversions).
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.39 - Ponds, impoundments, banks, dams, embankments, piles and fills

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application
						shall include a plan for each proposed sedimentation pond, water impoundment,
						and coal processing waste bank, dam, embankment, pile or fill within the
						proposed permit area. The plan shall:
(1) Be
						prepared by, or under the direction of, a qualified registered professional
						engineer, except as indicated in §
													90.112(b)(1)
						(relating to hydrologic balance: dams, ponds, embankments, and
						impoundments-design, construction and maintenance).
(2) Contain a description, map and cross
						section of the structure and its location.
(3) Contain hydrologic and geologic
						information required to assess the hydrologic impact of the
						structure.
(4) Contain a survey
						describing the potential effect on the structure from subsidence of the
						subsurface strata resulting from past and proposed underground mining
						operations.
(5) Contain a
						certification statement which includes a schedule setting forth the dates when
						any detailed design plans for structures that are not submitted within the
						general plan will be submitted to the Department. The Department will have
						approved, in writing, the detailed design plan for a structure before
						construction of the structure begins.
(6) Describe the operation and maintenance
						requirements for each structure.
(7) Describe the timetable and plans to
						remove each structure, if appropriate.
(8) Contain a geotechnical investigation
						design and construction requirements including a stability analysis if the
						structure is more than 20 feet in height as measured from the upstream toe of
						the embankment to the crest of the emergency spillway or has a storage volume
						of more than 20 acre feet.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.40 - Protection of public parks and historic places

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For publicly-owned parks or historic
						places listed on the National Register of Historic Places that may be adversely
						affected by the proposed coal refuse disposal activities, each application
						shall describe the measures to be used to accomplish the following:
(1) Prevent adverse impacts and meet the
						requirements of Chapter 86, Subchapter D (relating to areas unsuitable for
						mining).
(2) Minimize adverse
						impacts if valid existing rights exist or joint agency approval is to be
						obtained under Chapter 86, Subchapter D.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.41 - Relocation or use of public roads

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include a description and
						  necessary drawings approved by the Department of Transportation or the
						  municipality having jurisdiction of the road, if the applicant proposes to
						  relocate a public road or conduct coal refuse disposal activities within 100
						  feet of the right-of-way of any public road, except where the coal refuse
						  disposal facility access or haul road joins that right-of-way.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.42 - Subsidence control plan

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant shall describe what measures have been or
						  will be taken to minimize subsidence beneath the coal refuse disposal area in
						  order to insure the stability of the coal refuse disposal 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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.43 - Blasting plan

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include a blasting plan in
						  accordance with §
												87.64 (relating to blasting plan)
						  if blasting will be needed for the proposed permit area, showing the manner in
						  which the requirements of §§
												87.124 -87.127 and 87.129 will be
						  met.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.44 - Air pollution control plan

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include an air pollution control
						  plan which includes the following:
(1)
						A plan for fugitive dust control practices, as required under §
												90.149 (relating to air resources
						protection), and, if applicable, how the requirements of Chapters 123 and 127
						(relating to standards for contaminants; and construction, modification,
						reactivation and operation of sources) will be met.
(2) If required by the Department, an air
						quality monitoring program to provide sufficient data to evaluate the
						effectiveness of the air pollution control plan.
(3) A plan for monitoring the coal refuse
						disposal site for fires or hot spots and a plan for eliminating fires and hot
						spots.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.46 - Maps and plans

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain maps, plans and cross
						  sections of the proposed permit and adjacent areas showing the following:
(1) The maps, plans and cross
						sections shall show the coal refuse disposal activities to be conducted and
						changes in a facility or feature to be caused by the proposed
						operations.
(2) The following shall
						be shown for the proposed permit area:
(i) The
						buildings, utility corridors and facilities to be used.
(ii) Coal storage, cleaning and loading
						areas.
(iii) The topsoil, spoil,
						coal preparation waste, underground development waste and noncoal waste storage
						areas.
(iv) Water diversion,
						collection, conveyance, treatment, sedimentation and erosion control
						facilities, storage and discharge facilities to be used.
(v) Sources of waste and waste disposal
						facilities relating to coal processing or pollution control.
(vi) A facility to be used to protect and
						enhance fish and wildlife related environmental values.
(vii) A surface facility for explosive
						storage and handling.
(viii) The
						location of each sedimentation pond, permanent water impoundment, coal
						processing waste bank, coal processing waste dam and embankment and disposal
						areas for underground development waste and excess spoil or coal
						refuse.
(ix) The location of
						monitoring points.
(x) The location
						of each facility that will remain on the proposed permit area as a permanent
						feature, after the completion of coal refuse disposal activities.
(xi) The final contour configuration and
						elevations of coal refuse disposal areas.
(xii) A cross section through embankment,
						ponds, impoundments and dams.
(xiii) The extent of active and abandoned
						underground mining.
(xiv) Other
						information the Department deems relevant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.47 - Haul roads, access roads and other transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
For each haul road, access road or other transportation
						  facility to be constructed, used or maintained within the proposed permit area,
						  the application shall contain a description of the road or facility and
						  appropriate maps, plans, cross sections and specifications to demonstrate
						  compliance with §§
												90.134,
						  90.140 and
						  90.146 (relating to haul roads and
						  access roads: general; haul roads and access roads: restoration; and other
						  transportation facilities).
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.48 - Fish and wildlife protection and enhancement plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall include a
						description of how, to the extent possible using the best technology currently
						available, the operator will minimize disturbances and adverse impacts on fish
						and wildlife and related environmental values, including compliance with the
						Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205,
						87 Stat. 884), during the coal refuse disposal activities and how enhancement
						of these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of
						§
													90.150 (relating to protection of
						fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and
						habitats identified under §
													90.18 (relating to fish and
						wildlife resources information).
(3) Include the following:
(i) Protective measures that will be used
						during the active mining phase of operation. These measures may include the
						establishment of buffer zones, the selective location and special design of
						haul roads and powerlines and the monitoring of surface water quality and
						quantity.
(ii) Enhancement measures
						that will be used during the reclamation and postmining phase of operation to
						develop aquatic and terrestrial habitat. These measures may include restoration
						of streams and other wetlands, retention of ponds and impoundments,
						establishment of vegetation for wildlife food and cover and the replacement of
						perches and nest boxes. If the plan does not include enhancement measures, a
						statement shall be given explaining why enhancement is not
						practicable.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.49 - Stream buffer zone variance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Stream buffer zone restriction.
Coal refuse disposal may not
						occur within 100 feet (30.48 meters) of the bank of a stream. The Department
						may grant a variance for disposal of coal refuse under subsection (c) if
						consistent with Subchapter E (relating to site selection).
(b)
Compliance required
.
						Surface mining operations supporting coal refuse disposal shall comply with
						§
												86.102(12)
						(relating to areas where mining is prohibited or limited).
(c)
Variance
. The Department
						may grant a variance from the 100-foot (30.48-meter) stream buffer zone to
						dispose of coal refuse and to relocate or divert streams in the 100-foot
						(30.48-meter) stream buffer zone. The stream buffer zone is the area within 100
						feet (30.48 meters) measured horizontally from the bank of any stream.
(1) Stream buffer zone variances will only be
						granted if the operator demonstrates to the satisfaction of the Department
						that, as a result of the variance, coal refuse disposal will not adversely
						affect water quality and quantity, or other environmental resources of the
						stream and will not cause or contribute to the violation of applicable State or
						Federal water quality standards.
(2) Prior to granting a variance, the
						operator shall be required to give public notice of the application in two
						newspapers of general circulation in the area once a week for 2 successive
						weeks.
(i) If a person files an exception to
						the proposed variance within 20 days of the last publication of the notice, the
						Department will conduct a public hearing with respect to the application within
						30 days of receipt of the exception.
(ii) The Department will also consider
						information or comments submitted by the Fish and Boat Commission prior to
						taking action on a variance request.
(3) The variance will be issued as a written
						order specifying the methods and techniques that shall be employed to prevent
						or mitigate adverse impacts. Mitigation can include, but is not limited to,
						compensatory restoration and enhancements of nearby streams or stream segments.
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 C - MINIMUM OPERATION AND RECLAMATION PLAN INFORMATION REQUIRED IN APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.50 - Design criteria: groundwater and surface water protection system

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application
						shall include a description of the system that will be installed to prevent
						adverse impacts to groundwater and surface water. The description shall include
						maps, plans and other information necessary to evaluate the design of the
						system.
(b) The application shall
						include a description of the system that will be installed to prevent
						precipitation from coming into contact with the coal refuse. The description
						shall include maps, plans and other information necessary to evaluate the
						design of the system. The coal refuse disposal operation shall be designed in
						phases to minimize the amount of time the entire coal refuse area is exposed to
						precipitation prior to the installation of the system to prevent precipitation
						from contacting the coal refuse. The application shall describe the design of
						the system for preventing precipitation from contacting coal refuse and how the
						system will be installed in accordance with the following:
(1) During routine coal refuse disposal as
						phases of the coal refuse disposal area reach capacity.
(1.1) As specified in the permit.
(2) During periods of temporary cessation as
						directed under §
													90.167(b)
						(relating to cessation of operations: temporary).
(3) When the operation permanently
						ceases.
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 90.91 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts coal refuse disposal activities
						  shall comply with the performance standards and design requirements of this
						  subchapter, except as follows:
(1)
						Disposal of coal refuse in an active surface mine shall comply with the
						performance standards set forth in Chapter 87 Subchapter D (relating to surface
						coal mines: minimum requirements for operation and reclamation plan) and
						§§
												90.125 and
						90.128 (relating to coal refuse
						disposal: construction requirements; and coal refuse disposal: active surface
						mines).
(2) Disposal of coal refuse
						in an abandoned or active underground coal mine shall comply with the
						requirements of Chapter 89 (relating to underground mining of coal and coal
						preparation facilities).
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 90.92 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Specifications.
Signs and markers shall:
(1) Be posted and maintained during the
						duration of the coal refuse disposal activities to which they pertain, and
						removed upon completion.
(2) Be
						clearly visible, readable and uniform throughout the operation.
(3) Be made of durable material.
(4) Conform to local zoning ordinances or
						codes.
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 90.93 - Casing and sealing of drilled holes and underground workings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An exploration
						hole, other drill or borehole, well or other exposed underground opening-except
						for holes solely drilled and used for blasting-shall be cased, sealed or
						otherwise managed, as approved by the Department to:
(1) Prevent acid or other toxic drainage from
						entering groundwaters or surface waters.
(2) Minimize disturbance to the prevailing
						hydrologic balance.
(3) Ensure the
						safety of people, livestock, fish and wildlife and machinery in the permit and
						adjacent areas.
(4) Prevent
						groundwater or surface water from entering underground mine
						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 90.96 - Topsoil: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
All topsoil and, if necessary, suitable subsoil shall
						  be separately removed, segregated, conserved and redistributed on all areas
						  affected by the coal refuse disposal activities.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.122 (relating to coal refuse
							 disposal); and 25 Pa. Code §
														90.140 (relating to haul roads and
							 access roads: restoration).
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 90.98 - Topsoil: storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Topsoil and
						other materials removed under §
												90.97 (relating to topsoil:
						removal) shall be stockpiled only when it is impractical to promptly
						redistribute the material on regraded areas.
(b) Stockpiled materials shall be selectively
						placed on a stable area within the permit area and located where the material,
						unless approved by the Department, will not be moved until required for
						redistribution on the regraded area or otherwise disturbed by the coal refuse
						disposal activities.
(c) Stockpiled
						material shall be protected from wind and water erosion, unnecessary compaction
						and contaminants which lessen the capability of the materials to support
						vegetation when redistributed. Protective measures shall be accomplished by one
						of the following:
(1) An effective cover of
						nonnoxious, quick-growing annual and perennial plants, seeded or planted as
						soon as weather and planting conditions permit.
(2) Other methods demonstrated to and
						approved by the Department in writing to provide equal protection.
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 90.99 - Topsoil: redistribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Prior to redistribution of topsoil or other material, the regraded land shall
						be scarified or otherwise treated as required by the Department to eliminate
						slippage surfaces and to promote root penetration.
(b) Topsoil and other materials shall be
						redistributed in a manner that:
(1) Achieves
						an approximate uniform, stable thickness consistent with the approved
						postdisposal land uses, contours and surface water drainage system.
(2) Prevents excess compaction of the topsoil
						and other materials.
(3) Protects
						the topsoil and other materials from wind and water erosion before and after it
						is seeded and planted.
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 90.100 - Nutrients and soil amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Nutrients and soil amendments, in the amounts determined by soil tests, shall
						be applied to the surface soil layer so that it supports the approved
						postdisposal land use and meets the revegetation requirements of §§
						90.151-90.157, 90.159 and 90.160.
(b) All soil tests shall be performed using
						standard methods approved by the Department.
(c) Agricultural or granular limestone used
						for neutralizing soil acidity shall be of sufficient fineness so that a minimum
						of 95% will pass through a 20 mesh sieve or an equivalent material, and shall
						contain sufficient calcium and magnesium to be equivalent to not less than 89%
						calcium carbonate. An alternate material of equivalent neutralizing effect may
						be employed.
(d) The use of fly ash
						and sewage sludge as soil amendments may be approved by the Department if
						demonstrated to be a suitable soil amendment and the requirements of Articles
						VII-IX (relating to hazardous waste management; municipal waste management; and
						residual waste management) are met.
This section cited in 25 Pa. Code §
														90.33 (relating to reclamation
							 plan); 25 Pa. Code §
														90.122 (relating to coal refuse
							 disposal); and 25 Pa. Code §
														90.140 (relating to haul roads and
							 access roads: restoration).
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 90.101 - Hydrologic balance: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal refuse disposal activities shall be
						planned and conducted to minimize disturbances to the prevailing hydrologic
						balance in the permit and adjacent areas and to prevent material damage to the
						hydrologic balance outside the permit area. The Department may require
						additional preventive, remedial or monitoring measures to assure that material
						damage to the hydrologic balance outside the permit area is
						prevented.
(b) Coal refuse disposal
						activities shall be planned and conducted to prevent pollution of groundwater
						and surface water and prevent, to the maximum extent possible, changes to the
						water quantity, depth to groundwater and location of surface water drainage
						channels so that the approved postdisposal land use of the permit is not
						adversely affected.
(c) The
						treatment requirements and effluent limitations established under §
												90.102 (relating to hydrologic
						balance: water quality standards, effluent limitations and best management
						practices) may not be violated.
(d)
						Operations shall be conducted to prevent water pollution and, when necessary,
						treatment methods shall be used.
(e) A person who conducts coal refuse
						disposal activities shall conduct the disposal and reclamation operation to
						prevent water pollution and, when necessary, operate and maintain the necessary
						water treatment facilities until applicable treatment requirements and effluent
						limitations established under §
												90.102 are achieved and
						maintained.
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 90.102 - Hydrologic balance: water quality standards, effluent limitations and best management practices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person may not allow a discharge of water from an area disturbed by coal refuse
						disposal activities, including areas disturbed by mineral preparation,
						processing or handling facilities which exceeds the following groups of
						effluent criteria. The effluent imitations are to be applied under subsection
						(b).
Group A
Parameter
30-day Average
Daily
								  Maximum
Instantaneous Maximum
iron (total)
3.0 mg/l
6.0 mg/l
7.0 mg/l
manganese (total)
2.0 mg/l
4.0
								  mg/l
5.0 mg/l
suspended solids
35 mg/l
70 mg/l
90 mg/l
pH 
								  1
greater than 6.0; less than 9.0
alkalinity greater than acidity 
								  1
1 The
								  parameter is applicable at all times.
Group B
Parameter
Instantaneous
								  Maximum
iron (total)
7.0 mg/l
settleable solids
0.5 ml/l
pH
greater than 6.0; less than 9.0
alkalinity greater than acidity
Group C
Parameter
Instantaneous
								  Maximum
pH
greater than 6.0; less than 9.0
alkalinity greater than acidity
(b) Effluent limitations and precipitation
						exemptions are as follows:
(1) The discharges
						specified in this subsection shall comply with the effluent limitations set
						forth as follows:
Type Discharge
Precipitation Event
Effluent
								  Limitations
Drainage from coal refuse disposal
								  piles
dry weather and less than or equal to 1yr-24hr
								  greater than 1yr-24hr, to less than or equal to 10yr-24hr greater than
								  10yr-24hr
Group A
Group B
Group C
Surface runoff from active areas
								  disturbed by coal refuse disposal activities
dry weather
								  less than or equal to 10yr-24hr greater than 10yr-24hr
Group A
Group B
Group C
Surface runoff from area where Stage
								  2 standards achieved
dry weather less than or equal to
								  10yr-24hr greater than 10yr-24hr
Group A
Group B
Group C
All other discharges
dry weather less than or equal to 10yr-24hr greater than
								  10yr-24hr
Group A
Group B
Group C
(2) To be entitled to the effluent
						limitations in Group B or Group C, the permittee shall comply with the
						procedures in §
													90.103 (relating to precipitation
						event exemption).
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 90.103 - Precipitation event exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
						establish the alternative effluent limitations of Group B or C in §
												90.102(a) 
						(relating to hydrologic balance: water quality standards, effluent limitations
						and best management practices), a permittee shall demonstrate to the
						Department's satisfaction that a precipitation event has occurred, under the
						procedures in this section.
(1) The occurrence
						of a precipitation event greater than a 10-year, 24-hour precipitation event
						may be demonstrated by meeting the requirements of subsections (b)-(d) for each
						discharge that exceeds the effluent limits specified in §
													90.102, unless the permit
						specifies a more stringent water quality based effluent limitation, in which
						case no exemption is available under this section. If the permittee
						demonstrates to the Department's satisfaction that a greater than 10-year,
						24-hour precipitation event has occurred, the permittee shall meet the effluent
						limitation of Group C in §
													90.102 (a).
(2) The occurrence of a precipitation event
						equal to or less than a 10-year, 24-hour precipitation event may be
						demonstrated by meeting the requirements of subsections (c) and (d) for each
						discharge that exceeds the effluent limits specified in § 90.102, unless
						the permit specifies a more stringent water quality based effluent limitation,
						in which case no exemption is available under this section. If the permittee
						demonstrates to the Department's satisfaction that a precipitation event equal
						to or less than a 10-year, 24-hour precipitation event has occurred, the
						permittee shall meet the effluent limitations of Group B in §
						90.102(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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.104 - Hydrologic balance: diversions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface water and shallow groundwater
						flow from undisturbed areas which will drain into the affected area shall be
						intercepted and diverted away from the disturbed area by means of diversion
						ditches.
(b) Diversions shall be
						designed, constructed and maintained using current engineering practices to
						pass safely the peak runoff from a precipitation event within a 2-year
						occurrence interval for temporary diversions or a 10-year recurrence interval
						for permanent diversions. If necessary to protect public health and safety or
						prevent pollution, a larger event shall be used.
(c) All topsoil shall be removed, stored on a
						stable site and protected against erosion and compaction until restoration of
						the diversion.
(d) Diversions shall
						be vegetated or otherwise stabilized to prevent erosion and contributions of
						sediment to stream or runoff outside the affected area. Asphalt, concrete or
						other similar lining shall only be used when approved by the Department. Riprap
						shall be nondegradable, nonacid-forming, nontoxic-forming rock that will not
						slake in water and will be free of coal, clay or shale.
(e) A diversion may not be located so as to
						increase the potential for landslides or other offsite damage.
(f) Excess material shall be placed in the
						coal refuse disposal area.
(g) When
						no longer needed, the diversion shall be regraded to blend with the natural
						contours and drainage pattern, and revegetated in accordance with §
												90.151 (relating to revegetation:
						general requirements).
(h)
						Diversions may not be constructed or operated to divert water into underground
						mines without the approval of the Department. The discharges must meet the
						requirements of Chapter 89 (relating to underground mining of coal and coal
						preparation facilities).
This section cited in 25 Pa. Code §
														90.38 (relating to diversions); 25
							 Pa. Code §
														90.113 (relating to hydrologic
							 balance: coal processing waste dams and embankments); 25 Pa. Code §
														90.302 (relating to definitions);
							 and 25 Pa. Code §
														90.307 (relating to treatment of
							 discharges).
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 90.105 - Stream channel diversions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Flow
						from perennial and intermittent streams within the permit area may be diverted
						if the diversions:
(1) Will not adversely
						affect, during and after coal refuse disposal activities, the water quantity
						and quality of the stream.
(2)
						Comply with other requirements of this chapter and 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 D - PERFORMANCE STANDARD FOR COAL REFUSE DISPOSAL › Section 90.106 - Hydrologic balance: erosion and sedimentation control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Appropriate erosion and sediment control
						measures shall be designed, constructed and maintained using the best
						technology currently available to:
(1)
						Prevent, to the extent possible, contributions of sediment to stream flow or to
						runoff outside the affected area.
(2) Meet the treatment requirements and
						effluent limitations of §
													90.102 (relating to hydrologic
						balance: water quality standards, effluent limitations and best management
						practices).
(3) Minimize erosion to
						the extent possible.
(4) Meet the
						requirements of Chapter 102 (relating to erosion and sediment
						control).
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 90.107 - Hydrologic balance: treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Facilities and measures for treating
						discharges from disturbed areas shall be designed, constructed and maintained
						for the runoff, at a minimum, from a 10-year, 24-hour precipitation event and
						any groundwater contribution.
(b)
						Facilities and measures for treating any discharges shall be based on good
						engineering design and shall include failure warning devices and backup systems
						as necessary to insure compliance with §
												90.102 (relating to hydrologic
						balance: water quality standards, effluent limitations and best management
						practices).
(c) The design,
						construction and maintenance of a treatment facility shall not relieve an
						operator of his responsibility for complying with the applicable treatment
						requirements and effluent limitations established under §
						90.102.
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 90.109 - Hydrologic balance: discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharge from dams, ponds, embankments, impoundments
						  and diversions shall be controlled by emergency dissipators, riprap, channels
						  or other devices to reduce erosion, to prevent deepening or enlargement of
						  stream channels, and to minimize disturbance of the hydrologic balance.
						  Discharge structures shall be designed according to standard engineering design
						  procedures.
This section cited in 25 Pa. Code §
														90.113 (relating to hydrologic
							 balance: coal processing waste dams and
							 embankments).
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 90.111 - Hydrologic balance: impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Permanent impoundments are prohibited unless authorized
						  by the Department, upon the basis of the following demonstration:
(1) The quality of the impounded water shall
						be suitable on a permanent basis for its intended use, and discharge of water
						from the impoundment may not degrade the quality of the receiving waters to
						less than the water quality standards established under §
												90.102 (relating to hydrologic
						balance: water quality standards, effluent limitations and best management
						practices).
(2) The level of water
						shall be sufficiently stable to support the intended use.
(3) Adequate safety and access to the
						impounded water shall be provided for proposed water users.
(4) Water impoundments may not result in the
						diminution of the quality or quantity of water used by adjacent or surrounding
						landowners for agricultural, industrial, recreational, or domestic
						uses.
(5) The size of the
						impoundment shall be adequate for its intended purposes.
(6) The impoundment shall be suitable for the
						approved postmining land use.
(7)
						Impoundments which are constructed of or used to impound coal refuse shall be
						developed into fills meeting the construction requirements of §
												90.122 (relating to coal refuse
						disposal).
The provisions of this §
														90.111 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); 25 Pa. Code §
														90.108 (relating to hydrologic
							 balance: sedimentation ponds); 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 90.112 - Hydrologic balance: dams, ponds, embankments and impoundments-design, construction and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams,
						ponds, embankments and impoundments that meet the following criteria shall be
						designed, constructed and maintained under Chapter 105 (relating to dam safety
						and waterway management):
(1) Dams located on
						a natural or artificial water course where one of the following applies:
(i) The contributory drainage area exceeds
						100 acres.
(ii) The greatest depth
						of water at maximum storage elevation exceeds 15 feet.
(iii) The impounding capacity at maximum
						storage elevation exceeds 50 acre-feet.