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 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › INVENTIONS › Section 76.71 - License requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						agreement for a loan or a grant, or both, shall contain an agreement by the
						developing agency that it grants, and shall require a contractor performing
						work with funds under the loan or grant, or both, to grant to the Commonwealth,
						a royalty-free, nonexclusive, irrevocable license to use and practice and to
						have used and practiced for it within this Commonwealth all information,
						including the subject matter of an invention, generated, conceived or made by
						the development agency or contractor, or both, in the course of work performed
						with funds from the loan or grant, or both, and relating to solid waste
						processing/disposal and resource recovery systems and under an United States
						Letters Patent covering an invention which the development agency or contractor
						has the right to license; the license to include also a royalty free
						nonexclusive, irrevocable license under a background United States Letters
						Patent which the development agency or contractor has the right to license and
						infringement of which cannot be avoided by the practice of the invention; and
						the license also to include the right to the Commonwealth to grant to
						municipalities and municipal authorities within this Commonwealth royalty-free,
						nonexclusive, irrevocable sublicense of like scope.
(b) In projects where there is also financial
						participation by the United States government under conditions entitling the
						United States government to paramount rights in information, invention and
						United States Letters Patent covering the same, the Department will make every
						reasonable effort to obtain from the United States government a royalty free
						nonexclusive, irrevocable license of the same scope as the license referred to
						in subsection (a) before executing the subject agreement with the development
						agency.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REVIEW OF APPLICATIONS › Section 76.81 - Evaluation

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will determine whether an application
						  qualifies for funding under §§
												76.21-76.23 and
						  76.31-76.33 (relating to eligibility for
						  loan; and eligibility for grant), whichever the case may be, and the act. An
						  application for loan and grant will be evaluated under §§
												76.21-76.23 and §§
												76.31-76.33 and the act. An application
						  may be placed on a tentative approval list or a priority list, as appropriate,
						  maintained by the Department in accordance with §
												76.83 (relating to order of
						  funding projects) when the requirements of §§
												76.21-76.23 or §§
												76.31-76.33, or both, whichever the
						  case, have been met or will, in the Department's judgment, be met. However, a
						  loan agreement or grant agreement, or both, will not be given until the
						  requirements of §§
												76.21-76.23 or
						  76.31-76.33, or both, whichever the
						  case, have been met.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REVIEW OF APPLICATIONS › Section 76.82 - Review of Department decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Department determines that an
						application for funding submitted under §§
												76.11-76.13 (relating to applications)
						does not qualify or no longer qualifies for funding under §§
												76.21-76.23 or
						76.31-76.33 (relating to eligibility for
						loan; and eligibility for grant), or both, whichever the case may be, it will
						notify the applicant in writing that its application has been denied or
						approval revoked and will set forth the reasons for the denial or revocation of
						approval. The action of the Department is appealable to the EHB under section 5
						of the act (35 P. S. §
													755.5), and
						2
						Pa.C.S. §§
													501-508 and
						701-704 (relating to
						Administrative Agency Law).
(b) If
						an application is approved, an aggrieved party may appeal the decision to the
						EHB under section 5 of the act (35 P. S. §
													755.5) and
						2
						Pa.C.S. §§
													501-508 and
						701-704.
(c) Approvals and denials will be published
						by the Department in the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REVIEW OF APPLICATIONS › Section 76.83 - Order of funding projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applications for loans.
The Department will establish and
						maintain a tentative approval list of applications for development projects
						requesting loans which represent the candidates for funding. Applicants which
						are on the tentative approval list will be funded in the order in which they
						complete the necessary documentation and secure permits and approvals and
						commitments for loan.
(b)
Applications for grants.
Applications for grants shall conform
						with the following:
(1) Using its best
						judgment, the Department will apply the criteria and guidelines set forth in
						§§
													76.31 and
						76.32 (relating to general
						eligibility requirements; and review guidelines) and will rank accordingly
						those demonstration grant applications which it has determined to merit funding
						on a priority list.
(2) The
						Department will establish levels of funding for projects which, in its
						discretion, it deems appropriate to the accomplishment of the objectives of the
						act, taking into consideration the following:
(i) The amount of funding
						requested.
(ii) The appropriation
						available in the Solid Waste-Demonstration Grants-in-Aid Fund.
(iii) The extent and cost of equipment which
						is designed to demonstrate the technical and ecomonic feasibility of a new and
						improved technique, process or system applicable to a resource recovery
						project.
(iv) The amounts of
						funding requested by other proposed demonstration projects which are determined
						by the Deaprtment to merit funding.
(v) The extent of funding which will be
						provided to the project by a person other than the applicant.
(3) The Department will fund
						projects according to rank and level of funding determined by the Department
						after the applicants complete the necessary documentation and secure permits
						and approvals and commitments for grant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › REVIEW OF APPLICATIONS › Section 76.84 - Expiration of eligibility for loan or grant consideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Projects which do not complete the
						documentation and secure the permits and approvals and commitments necessary
						for loan or grant, or both, within 1 year of the date of placement on the
						tentative approval list or priority list, whichever the case may be, may be
						removed from the respective list.
(b) The removal may not preclude an applicant
						from resubmitting an application for reevaluation and reinstatement on the
						tentative approval list or priority list whichever the case, after the
						necessary documentation has been completed and the permits, approvals and
						commitments necessary for funding have been obtained.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GRANT AND LOAN DISBURSEMENT AND LOAN REPAYMENT › Section 76.91 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not lend or grant funds to a
						  development agency unless the development agency has secured Department
						  approval of the application and has obtained the required permits and approvals
						  and commitments for the development project or demonstration project, and has
						  entered into an agreement with the Department complying with the requirements
						  of the act, in the form the Department will determine.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GRANT AND LOAN DISBURSEMENT AND LOAN REPAYMENT › Section 76.92 - Schedule of disbursements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will establish in the loan agreement the loan disbursement
						schedule for a development project and in the grant agreement the disbursement
						schedule for a demonstration project upon its determination that the approved
						applicant has met the requirements of eligibility for loan or eligibility for
						grant, or both, whichever the case may be. The disbursement schedule shall
						include monthly progress payments or a longer period that may be established in
						the construction contract.
(b) The
						Department will release each scheduled disbursement after review and approval
						of "Schedule A-Statement of Revenues, Expenditures, and Encumbrances," as
						submitted by the development agency.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GRANT AND LOAN DISBURSEMENT AND LOAN REPAYMENT › Section 76.93 - Loan repayment schedule

Current through Register Vol. 54, No. 28, July 13, 2024
The schedule and procedure for repayments to the Solid
						  Waste-Resource Recovery Development fund shall be established in the loan
						  agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GRANT AND LOAN DISBURSEMENT AND LOAN REPAYMENT › Section 76.94 - Withholding of payment

Current through Register Vol. 54, No. 28, July 13, 2024
If the development agency, prior to receipt of the
						  total disbursement for loan or grant, or both, fails to comply with the act or
						  other laws of this Commonwealth applicable to the development project or
						  demonstration project, the Department may upon reasonable notice to the
						  development agency and the contractor withhold, in whole or part, further
						  disbursements to the development agency pending compliance, provided, however,
						  that payment to the contractor shall be authorized for the work which has been
						  approved by the development agency and performed by the contractor prior to the
						  date of the notice.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GRANT AND LOAN DISBURSEMENT AND LOAN REPAYMENT › Section 76.95 - Accounting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Books of
						account and a financial record system acceptable to this Department shall be
						maintained by the development agency.
(b) Accounting for project funds, including
						receipts, development agency contributions and expenditures, shall be in
						accordance with generally accepted accounting principles and practices,
						consistently applied, regardless of source of funds.
(c) Supporting records of expenditures shall
						be recorded in sufficient detail to show that loan or grant funds or both were
						used for the purpose for which the loan or grant or both was made.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › GRANT AND LOAN DISBURSEMENT AND LOAN REPAYMENT › Section 76.96 - Audits and inspections

Current through Register Vol. 54, No. 28, July 13, 2024
Books of account and financial records of the
						  development agency are subject to audit and inspection by the Auditor General
						  of the Commonwealth and the Department in addition to other audits and
						  inspections provided by law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 76 - SOLID WASTE-RESOURCE RECOVERY DEVELOPMENT › INTEREST RATES › Section 76.101 - Uniform interest rates

Current through Register Vol. 54, No. 28, July 13, 2024
Loans administered by the Department under the act
						  shall bear interest at a uniform annual rate of 3.0%.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter A - GENERAL PROVISIONS › Section 77.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies rules for noncoal surface mining
						  activities and the surface effects of noncoal underground mining.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter A - GENERAL PROVISIONS › Section 77.3 - Relationship to coal mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mining
						activities will be deemed to be noncoal mining activities if the extraction of
						coal is incidental to the extraction of other minerals and the coal extracted
						does not exceed 16 2/3% of the tonnage of materials removed for purposes of
						commercial use or sale. Coal extraction is incidental when the coal is
						geologically located above the mineral to be mined and is extracted in order to
						mine the principal mineral.
(b) The
						incidental extraction of coal under subsection (a) shall conform to §
												86.5 (relating to extraction of
						coal incidental to noncoal surface mining).
The provisions of this §
														77.3 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); sections 4 and
							 11(a) of the Noncoal Surface Mining Conservation and Reclamation Act
							 (52
							 P. S. §§
															3304 and
							 3311(a)); 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 77 - NONCOAL MINING › Subchapter B - SURFACE MINING OPERATOR-S LICENSE › Section 77.51 - License requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Operator's license required.
A person who conducts noncoal
						surface mining as an operator within this Commonwealth shall first obtain a
						noncoal surface mining operator's license from the Department.
(b)
Noncoal surface mining operator's
						license application.
Application for license shall be made in writing
						on forms prepared and furnished by the Department and contain information
						pertaining to:
(1) Identification of
						ownership.
(2) Public liability
						insurance when required by section 5(e) of the act (52 P. S. §
														3305(e)).
(3) Compliance
						information.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter B - SURFACE MINING OPERATOR-S LICENSE › Section 77.52 - Informal hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
						the final action of not issuing, renewing or amending a license, the Department
						will notify the applicant in writing of the intention not to issue, renew or
						amend the license, and of the opportunity to an informal hearing.
(b) If the applicant chooses to request an
						informal hearing, the applicant shall, within 15 days of receipt of notice
						under subsection (a), request in writing that the Department hold an informal
						hearing to provide the applicant with an opportunity to discuss informally the
						Department's intention not to issue or renew the license.
(c) If the applicant chooses to request an
						informal hearing under this section, the license shall remain in effect until
						the Department has made its decision after the informal hearing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter B - SURFACE MINING OPERATOR-S LICENSE › Section 77.53 - Suspension and revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may suspend or revoke a license for a reason listed in §
												77.51(e) 
						(relating to license requirement).
(b) If the Department intends to revoke or
						suspend a license, it will provide an opportunity for an informal hearing
						before suspending or revoking the license. The Department will notify the
						licensee of its intent to revoke or suspend a license and of the opportunity
						for an informal hearing at least 15 days prior to revoking or suspending the
						license unless the Department determines that a shorter period is in the public
						interest.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter B - SURFACE MINING OPERATOR-S LICENSE › Section 77.54 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise established by the act, the following
						  license fees apply:
(1) The initial
						and annual license renewal fee for persons mining 2,000 tons (1,814 metric
						tons) or less of marketable noncoal minerals is $50.
(2) The initial application fee for persons
						mining more than 2,000 marketable tons of noncoal minerals per year is $500,
						and the annual renewal license fee is $300.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.101 - General requirements for permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not conduct noncoal mining
						  activities or allow a discharge from a mine into the waters of this
						  Commonwealth without first obtaining a permit. It will be presumed that the
						  extraction of noncoal minerals is surface mining activity unless it can be
						  demonstrated, with clear and convincing evidence, to the satisfaction of the
						  Department, that the activities fit within one or more of the exceptions to the
						  definition of noncoal surface mining activities in §
													77.1 (relating to definitions), or
						  as provided in §
													77.102 (relating to compliance
						  with existing permits).
(b) Noncoal
						  surface mining permits will be issued only to a licensed noncoal
						  operator.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.102 - Compliance with existing permits

Current through Register Vol. 54, No. 28, July 13, 2024
A person may conduct noncoal mining activities under
							 permits issued by the Department prior to March 17, 1990, under The Clean
							 Streams Law (35 P. S. §§
														691.1-691.1001), the Surface Mining
							 Conservation and Reclamation Act (52 P. S. §§
														1396.1-1396.31) or the act and in compliance
							 with the terms and conditions of the permit except for the requirements of
							 §§
													77.504 and
							 77.561 (relating to distance
							 limitations and areas designated as unsuitable for mining; and general
							 requirements).
This section cited in 25 Pa. Code §
															77.101 (relating to general
								requirements for permits).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.103 - Permit application filing deadlines

Current through Register Vol. 54, No. 28, July 13, 2024
A person who expects to conduct new noncoal mining
							 activities shall file a complete application for a permit for noncoal mining
							 activities a minimum of 180 days prior to the anticipated starting date of the
							 activities or a shorter period of time as determined by the Department.
This section cited in 25 Pa. Code §
															77.105 (relating to application
								contents).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.104 - Permit applications-general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Application for a permit under this
						  chapter shall be submitted to the Department, in writing, upon forms furnished
						  by the Department.
(b) An
						  application for a permit shall be accompanied by information, maps, plans,
						  specifications, design analyses, test reports and other data as may be required
						  by the Department to determine compliance with the standards, requirements or
						  purposes of this chapter.
(c)
						  Information on the application shall be current, presented clearly and
						  concisely and supported by appropriate references to technical and other
						  written material available to the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.105 - Application contents

Current through Register Vol. 54, No. 28, July 13, 2024
Permit applications under §
													77.103 (relating to permit
							 application filing deadlines) shall be complete administratively and include
							 the applicable information required under this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.107 - Verification of application

Current through Register Vol. 54, No. 28, July 13, 2024
Applications for permits shall be verified by a
							 responsible official of the applicant with a statement that the information
							 contained in the application is true to the best of the official-s information
							 and belief.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.108 - Permit for small noncoal operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who intends to conduct noncoal
						  surface mining activities from which the total weight of mineral mined per year
						  is less than 10,000 tons (9,070 metric tons), prior to conducting the
						  activities, shall apply in writing for a small noncoal permit on forms
						  furnished by the Department.
(b) In
						  lieu of the application requirements of this subchapter and Subchapters G and H
						  (relating to information on environmental resources; and requirements for
						  operation and reclamation plan), an application for a small noncoal permit
						  shall include the following:
(1) The name and
						  business address of the applicant.
(2) An identification of ownership
						  interests.
(3) Information and
						  documents required by
						  77.163 (relating to right of
						  entry).
(4) The type of surface
						  mine and the type of mineral.
(5)
						  An explanation on how fugitive dust will be controlled.
(6) The type of reclamation and
						  revegetation.
(7) The type of
						  erosion and sediment controls.
(8)
						  The depth to groundwater, if available.
(9) A United States Geological Survey
						  topographical map or aerial photograph approved by the Department with the
						  proposed permit area outlined.
(10)
						  The estimated production for the year.
(11) A notarized statement signed by the
						  applicant stating that the yearly production from the proposed mining activity
						  will not exceed 10,000 tons (9,070 metric tons).
(12) 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 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.109 - Noncoal exploration activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who intends to conduct noncoal
						  exploration outside an existing noncoal surface mining permit shall file with
						  the Department a written notice of intention to explore for each exploration
						  area at least 10 days prior to the start of exploration activities on forms
						  provided by the Department. Except for drilling operations as provided for in
						  §
													77.113 (relating to permit
						  waiver-noncoal exploration drilling), no noncoal exploration activity shall
						  occur except as authorized by either of the following:
(1) A letter from the Department waiving the
						  requirement for a permit.
(2) A
						  permit issued in accordance with the act and this chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.110 - Permit waiver-oil and gas well site development

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter does not apply to a borrow area where
							 minerals are extracted solely for the purpose of oil and gas well development,
							 including access road construction, if the owner or operator of the well meets
							 section 603.1 of the Oil and Gas Act (58 P. S. §
														601.603).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.111 - Permit waiver-solid waste sites

Current through Register Vol. 54, No. 28, July 13, 2024
As used in this section the term "borrow area" means
							 an area where minerals are extracted solely for the purpose of solid waste site
							 development. The noncoal surface mining permit requirements of the act and this
							 chapter do not apply to the extraction of noncoal minerals within the permit
							 area of a valid solid waste permit issued under the Solid Waste Management Act
							 (35
							 P. S. §§
														6018.101-6018.1003) where
							 the solid waste permittee demonstrates to the Department's satisfaction that
							 the following exist:
(1) The noncoal
						  minerals will be used solely for purposes necessary to comply with solid waste
						  permit requirements.
(2) The solid
						  waste permittee maintains a valid noncoal surface mining operator's license
						  prior to the extraction of the noncoal minerals under Subchapter B (relating to
						  surface mining operator's license).
(3) Noncoal mineral extraction in the borrow
						  area will be conducted in accordance with an erosion and sedimentation control
						  plan or permit implemented under Chapter 102 (relating to erosion and sediment
						  control).
(4) The areas affected by
						  the extraction of noncoal minerals shall be graded and restored to a slope not
						  to exceed 35°, and will contain no depressions which will impound water.
						  The affected areas will be revegetated to provide a quick germinating,
						  fast-growing, 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 to the extent of cover to
						  the natural vegetation of the area. Introduced species may be used in the
						  revegetation process where desirable and necessary to achieve the approved
						  postmining 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 land use, when compared with the utility of naturally-occurring
						  vegetation during each season of the year.
(5) The reclamation of the borrow area will
						  commence within 10 days of the last extraction of noncoal minerals and will be
						  completed within 30 days. Planting shall be completed by the first normal
						  period for favorable planting.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.112 - Permit waiver-stabilization of highwalls in existence on January 1, 1972

Current through Register Vol. 54, No. 28, July 13, 2024
The noncoal surface mining permit requirements of the
							 act and this chapter do not apply to the stabilization of highwalls in
							 existence on January 1, 1972, if the operator demonstrates, to the Department's
							 satisfaction, that the following conditions have been met:
(1) The highwall was in existence on January
						  1, 1972.
(2) The operator does not
						  affect, or intend to affect, the highwall as part of the mining
						  operation.
(3) Neither the
						  operator, nor a related party, has reclamation responsibility for the
						  highwall.
(4) The highwall presents
						  an immediate or potential safety hazard to persons working below the highwall,
						  or to persons or property beyond the highwall, or to the public.
(5) The amount of materials removed from the
						  highwall in the stabilization operation is only that necessary to achieve
						  stabilization.
(6) The operator has
						  submitted a plan to the Department which includes the location of the highwall,
						  demonstrates that the plan will result in stabilization of the highwall,
						  provides a description of the work to be performed and sets forth a timetable
						  for completing the work.
(7) The
						  Department has approved the plan described in paragraph (6), in
						  writing.
(8) The work to be
						  performed is in accordance with the approved plan, and timetable. Stabilization
						  work may not occur under this section until the Department has approved the
						  plan.
(9) Coal is not removed or
						  encountered.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › GENERAL › Section 77.113 - Permit waiver-noncoal exploration drilling

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Drilling that is done solely for the
						  purpose of exploration where only the drilled material is removed from the site
						  does not require a permit. Exploration by drilling methods may proceed 10 days
						  after the notice of intent to explore is received by the Department except if
						  the following applies:
(1) The applicant is
						  notified by the Department to provide additional information to assure
						  compliance with the environmental acts.
(2) The area is located within the distance
						  limitations of §
														77.504 (relating to distance
						  limitations and areas designated unsuitable for mining).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.121 - Public notices of filing of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the time of filing an application with
						  the Department, an applicant for a permit, transfer, renewal or revision under
						  §
													77.142 (relating to public notice
						  of permit revision) shall place an advertisement in a local newspaper of
						  general circulation in the locality of the proposed noncoal mining activities
						  once a week for 4 consecutive weeks. The advertisement shall contain the
						  following information:
(1) The name and
						  business address of the applicant.
(2) The local government and county in which
						  the operation is located. If the operation spans multiple jurisdictions, then
						  each local government and county shall be listed.
(3) The receiving stream.
(4) A map or description which shall:
(i) Clearly show or describe towns, rivers,
						  streams or other bodies of water, local landmarks and other information,
						  including routes, streets or roads and accurate distance measurements,
						  necessary to allow local residents to readily identify the proposed permit
						  area.
(ii) Clearly show or describe
						  the exact location and boundaries of the proposed permit area, and the
						  receiving stream.
(iii) State the
						  name of the United States Geological Survey 7.5 minute quadrangle map which
						  contains the area shown or described.
(iv) If a map is used, indicate the north
						  point.
(5) The location
						  where a copy of the application is available for public inspection under
						  subsection (b).
(6) The name and
						  address of the Department's appropriate District or Regional Office to which
						  written comments, objections or requests for public hearings or informal
						  conferences on the application may be directed.
(7) If an applicant seeks to open or expand a
						  pit within 100 feet of the outside line of right-of-way of a public highway;
						  within 300 feet of an occupied dwelling house or Commercial or industrial
						  building, unless released by the owner thereof; within 300 feet of a public
						  building, school or community or institutional building; within 300 feet of a
						  public park; or within 100 feet of a cemetery or the bank of a perennial or
						  intermittent stream, the applicant shall give public notice under
						  77.504(b)(1)
						  (relating to distance limitations and areas designated as unsuitable for
						  mining).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.122 - Opportunity for submission of written comments or objections on the permit application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Written comments or objections on the permit application or application for
						  permit revision may be submitted to the Department within 30 days after the
						  last publication of the newspaper advertisement placed by the applicant under
						  §
													77.121(a)
						  (relating to public notices of filing of permit applications) by a person
						  having an interest that is, or may be, adversely affected.
(b) The Department will immediately transmit
						  the comments or objections received under this section to the applicant.
This section cited in 25 Pa. Code §
															86.1 (relating to definitions);
								and 25 Pa. Code §
															86.5 (relating to extraction of
								coal incidental to noncoal surface
								mining).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.123 - Public hearings-informal conferences

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person having an interest that is, or
						  may be, adversely affected may request in writing that the Department hold a
						  public hearing or an informal conference on an application for a permit. The
						  request shall:
(1) Briefly summarize the
						  issues to be raised by the requestor at the public hearing or informal
						  conference.
(2) Be filed with the
						  Department within 30 days after the last publication of the newspaper
						  advertisement placed by the applicant under §
														77.121(a)
						  (relating to public notices of filing of permit applications) or within 30 days
						  of receipt of notice by the public entities to whom notification is provided
						  under § 77.121(e).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.124 - Public availability of information in permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Information
						  contained in permit applications on file with the Department will be open, upon
						  request, for public inspection at reasonable times. Information in permit
						  applications which pertains only to the analysis of the chemical and physical
						  properties of the mineral to be mined-excepting information regarding mineral
						  or elemental contents which are potentially toxic in the environment-will be
						  kept confidential and not be made a matter of public record.
(b) Confidential information shall be clearly
						  identified by the applicant and submitted under separate cover but concurrently
						  with other portions of the application.
This section cited in 25 Pa. Code §
															77.109 (relating to noncoal
								exploration activities); and 25 Pa. Code §
															77.121 (relating to public notices
								of filing of permit applications).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.125 - Review of permit applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will review the complete
						  application, written comments, written objections and records of a public
						  hearing or informal conference.
(b)
						  If the Department decides to approve the application, it will require that the
						  applicant file the performance bond under Subchapter D (relating to bonding and
						  insurance requirements) before the permit is issued.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.127 - Final permit action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will notify the permit applicant of its decision to approve or
						  disapprove or of its intent to disapprove unless the applicant submits
						  additional information, within a stated time, to resolve deficiencies according
						  to the following time limits:
(1) If an
						  informal conference or public hearing has not been held, notice will be within
						  a reasonable time not to exceed 60 days of the close of the public comment
						  period.
(2) If a public hearing or
						  informal conference has been held, notice will be within 60 days of the public
						  hearing or informal conference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.128 - Permit terms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit
						  will be issued for the duration of the mining and reclamation operation except
						  for the NPDES permit, which shall be renewed every 5 years.
(b) A permit will terminate if the permittee
						  has not begun the noncoal mining activities covered by the permit within 5
						  years of the issuance of the permit, unless extended in accordance with this
						  section. The Department may grant reasonable extensions of time for
						  commencement of these activities upon receipt of a written statement showing
						  that the extensions of time are necessary if litigation precludes the
						  commencement or threatens substantial economic loss to the permittee or if
						  there are conditions beyond the control and without the fault or negligence of
						  the permittee. Requests for extensions shall be submitted to the Department
						  prior to expiration of the permit. If a permit has not been activated within 5
						  years, the permittee may apply for a permit renewal that includes updated
						  permit information as described in §
													77.161 (relating to
						  responsibilities).
(c) A permit
						  renewal application shall be filed under §
													77.143 (relating to permit
						  renewals).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.129 - Conditions of permits-general and right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
A permit issued by the Department will, at a minimum,
							 ensure and contain the following conditions:
(1) Except to the extent that the Department
						  otherwise directs in the permit that specific actions be taken, the permittee
						  shall conduct noncoal mining activities as described in the approved
						  application.
(2) The permittee
						  shall allow the authorized representatives of the Commonwealth, without advance
						  notice or a search warrant, upon presentation of appropriate credentials, and
						  without delay, to have access to the areas in which noncoal mining activities
						  will or are being conducted.
(3)
						  The permittee shall conduct noncoal mining activities only on the lands
						  specifically approved in the permit for which a bond has been filed with the
						  Department under Subchapter D (relating to bonding and insurance
						  requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter C - PERMITS AND PERMIT APPLICATIONS › REVIEW, PUBLIC PARTICIPATION, ITEMS AND CONDITIONS OF PERMIT APPLICATIONS › Section 77.130 - Conditions of permits-environmental, public health and safety

Current through Register Vol. 54, No. 28, July 13, 2024
A permit issued by the Department will ensure and
							 contain specific conditions requiring that the permittee:
(1) Take all possible steps to prevent
						  adverse impact, resulting from noncompliance with the terms or conditions of
						  the permit, on the environment or public health and safety, including:
(i) An accelerated or additional monitoring
						  necessary to determine the nature and extent of noncompliance and the results
						  of the noncompliance.
(ii) A
						  warning immediately after learning of noncompliance to persons whose health and
						  safety is in imminent danger due to the noncompliance.