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 A - GENERAL PERMIT AND APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL › Section 90.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Abandoned
-An operation where no coal
						  refuse has been disposed or area reclaimed for 6 months, verified by monthly
						  reports submitted to the Department by the operator or by inspections made by
						  the Department, unless an operator within 30 days after receipt of notification
						  by the Secretary terming an operation abandoned submits sufficient evidence to
						  the Secretary that the operation is in fact not abandoned and submits a
						  timetable satisfactory to the Secretary regarding plans for the reactivation of
						  the operation.
Access roads
-Roads located and
						  constructed, reconstructed, improved or maintained for minimal and infrequent
						  use to transport equipment and personnel to current and future coal disposal
						  activities. The term includes the entire area within the right-of-way,
						  including the roadbed, shoulders, parking and side areas, approaches,
						  structures and ditches.
Acid drainage
-Water with a pH of less
						  than 6.0 and in which total acidity exceeds total alkalinity, discharged from
						  an active, inactive or abandoned coal refuse disposal and reclamation operation
						  or from an area affected by coal refuse disposal activities.
Acid-forming materials
-Earth materials
						  that contain sulfide minerals or other materials which, if exposed to air,
						  water or weathering processes, form acids that may create acid drainage.
Adjacent area
-Land located outside
						  the permit area, where air, surface or groundwater, fish, wildlife, vegetation
						  or other resources protected by this chapter may be adversely impacted by coal
						  refuse disposal activities.
Affected area
-Land or water upon or in
						  which coal refuse disposal activities are conducted or located. The term
						  includes land in which the natural land surface has been disturbed as a result
						  of or incidental to the surface activities of the operator, including, but not
						  limited to, private ways and roads appurtenant to the area, land excavations,
						  workings, refuse banks, spoil banks, culm banks, tailings, repair areas,
						  storage areas, processing areas, shipping areas and areas in which structures,
						  facilities, equipment, machines, tools or other materials or property which
						  result from or are used in, coal refuse disposal operations are situated. The
						  term also includes lands affected by the construction of new roads or the
						  improvement or substantial use of an existing road to gain access to the site
						  or for hauling from the site.
Aquifer
-A zone, stratum or group of
						  strata that can store and transmit water in sufficient quantities for a
						  specific use.
Best technology currently
						  available
-Equipment, devices, systems, methods or techniques which
						  will:
(i) Prevent, to the extent
						possible, additional contributions of suspended solids to stream flow or runoff
						outside the permit area, but in no event result in contributions of suspended
						solids in excess of requirements set by applicable State or Federal
						laws.
(ii) Minimize, to the extent
						possible, disturbances and adverse impacts on fish, wildlife and related
						environmental values, and achieve enhancement of those resources when
						practicable. The term includes equipment, devices, systems, methods or
						techniques which are currently available anywhere as determined by the
						Secretary, even if they are not in routine use. The term includes, but is not
						limited to, construction practices, siting requirements, vegetative selection
						and planting requirements, scheduling of activities, and design of
						sedimentation ponds in accordance with this chapter.
Coal processing waste
-Earth materials
						  which are separated and wasted from the product coal during cleaning,
						  concentrating or other processing or preparation of coal.
Coal refuse
-Any waste coal, rock,
						  shale, slurry, culm, gob, boney, slate, clay and related materials, associated
						  with or near a coal seam, which are either brought aboveground or otherwise
						  removed from a coal mine in the process of mining coal or which are separated
						  from coal during the cleaning or preparation operations. The term includes
						  underground development wastes, coal processing wastes, excess spoil, but does
						  not mean overburden from surface mining activities.
Coal refuse disposal
-The storage,
						  placement or disposal of coal refuse. The term includes engineered features
						  integral to the placement of the coal refuse including relocations or
						  diversions of stream segments contained within the proposed fill area and the
						  construction of required systems to prevent adverse impacts to surface water
						  and groundwater and to prevent precipitation from contacting the coal
						  refuse.
Coal refuse disposal area
-A general
						  area or plot of land used as a place for disposal of, dumping or storage of
						  coal refuse, including one or more coal refuse disposal piles, and all land
						  thereby affected, including, but not limited to, any deposit of coal refuse on
						  or buried in the earth and intended as permanent disposal of or long-term
						  storage of the material, and all other land area in which the natural land
						  surface has been disturbed as a result of or incidental to the coal refuse
						  disposal activities of the operator, including, but not limited to, private
						  ways or roads appurtenant to any such area, land excavations, workings,
						  tailings, repair areas, storage areas, processing areas, shipping areas and
						  areas in which structures, facilities, equipment, machines, tools or other
						  materials or property which result from, or are used in, coal refuse disposal
						  operations are situated. The term does not include coal refuse deposited within
						  an active mine itself or coal refuse never removed from a mine.
Coal refuse disposal pile
-A deposit of
						  coal refuse on or buried in the earth and intended as permanent disposal of or
						  long-term storage of such material, but not including coal refuse deposited
						  within a mine itself or coal refuse never removed from a mine. Continuous
						  deposits of coal refuse shall be considered as a single coal refuse disposal
						  pile.
Combustible material
-aterial that is
						  capable of burning, either by fire or through oxidation, accompanied by the
						  evolution of heat and a significant temperature rise.
Compaction
-The increase of the density
						  of a material by reducing the voids between the particles, generally
						  accomplished by controlled placement and mechanical effort, such as from
						  repeated application of wheel, track or roller loads from heavy
						  equipment.
Cropland
-Land used for the production
						  of adapted crops for harvest, alone or in a rotation with grasses and legumes,
						  including row crops, small grain crops, hay crops, nursery crops, orchard crops
						  and other similar agronomic or horticultural crops.
Degree
-The inclination from the
						  horizontal.
Disturbed area
-An area where
						  vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal
						  processing waste or noncoal waste is placed by coal refuse disposal activities.
						  Those areas are classified as disturbed until reclamation is complete and the
						  bond or other assurance of performance required by Chapter 86 Subchapter F
						  (relating to bonding and insurance requirements) is released.
Diversion
-A channel, embankment or
						  other manmade structure constructed at a controlled slope to divert water from
						  one area to another.
Downslope
-The land surface between
						  the projected outcrop of the lowest coalbed being mined along each highwall and
						  a valley floor.
Dry weather flow
-The base flow or
						  surface discharge from an area or treatment facility which occurs immediately
						  prior to a precipitation event and which resumes 24 hours after the
						  precipitation event ends.
Embankment
-An artificial deposit of
						  material that is raised above the natural surface of the land and used to
						  contain, divert or store water; support roads or railways; or for other similar
						  purposes.
Ephemeral stream
-A water conveyance
						  which lacks substrates associated with flowing waters and flows only in direct
						  response to precipitation in the immediate watershed or in response to melting
						  snowpack and which is always above the local water table.
Fugitive dust
-Particulate matter not
						  emitted from a duct or stack which becomes airborne due to the forces of wind
						  or coal refuse disposal activities or both. During coal refuse disposal
						  activities, it may include emissions from haul roads; wind erosion of exposed
						  surfaces, storage piles and spoil piles; reclamation operations; and other
						  activities in which material is either removed, stored, transported or
						  redistributed.
Ground cover
-The area of ground
						  covered by the combined aerial parts of vegetation and the litter that is
						  produced naturally onsite, expressed as a percentage of the total area of
						  measurement.
Groundwater
-All subsurface waters of
						  the Commonwealth.
Haul roads
-
(i) The term includes the following:
(A) Roads that are planned, designed,
						located, constructed, reconstructed or improved, utilized and maintained for
						the transportation of equipment, fuel, personnel, coal, spoil and other
						operating resources from a public road to points within the coal refuse
						disposal area or between principal operations on the site, but not including
						roads within the coal refuse piles, banks and dams.
(B) Roads, including public roads, which are
						constructed, reconstructed, improved, maintained or substantially used as an
						integral part of the coal mining activities.