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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.143a - Subsidence control: procedure for resolution of subsidence damage claims

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner of a
						structure enumerated in §
												89.142a(f)(1)
						(relating to subsidence control: performance standards) who believes that
						underground mining operations caused mine subsidence resulting in damage to the
						structure and who wishes to secure repair of the structure or compensation for
						the damage shall provide the operator responsible for the underground mining
						operations with notification of the damage to the structure.
(b) If the operator agrees that mine
						subsidence damaged the structure, the operator shall fully repair the damage or
						compensate the owner for the damage in accordance with either §
												89.142a(f) or a
						voluntary agreement between the parties authorized by section
						5.6 of The Bituminous Mine
						Subsidence and Land Conservation Act (52 P. S. §
													1406.5f).
(c) If the parties are unable to agree as to
						the cause of the damage or the reasonable cost of repair or compensation for
						the structure, the owner of the structure may file a claim in writing with the
						Department. The owner of a structure that is not an EPACT structure shall file
						the claim within 2 years of the date the structure was damaged.
(d) Upon receipt of the claim, the Department
						will send a copy of the claim to the operator and conduct an investigation in
						accordance with the following procedure:
(1)
						Within 30 days of receipt of the claim, the Department will conduct an
						investigation to determine whether underground mining operations caused the
						subsidence damage to the structure and provide the results of its investigation
						to the property owner and mine operator within 10 days of completing the
						investigation.
(2) Within 60 days
						of completion of the investigation, the Department will determine, and set
						forth in writing, whether the damage is attributable to subsidence caused by
						the operator's underground mining operations and, if so, the reasonable cost of
						repairing or replacing the damaged structure.
(3) If the Department finds that the
						operator's underground mining operations caused the damage to the structure,
						the Department will either issue a written order directing the operator to
						promptly compensate the structure owner or issue an order directing the
						operator to promptly repair the damaged structure. The Department may extend
						the time for compliance with the order if the Department finds that further
						damage may occur to the same structure as a result of additional
						subsidence.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.144 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.144a - Subsidence control: relief from responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b), the
						operator will not be required to repair a structure or compensate a structure
						owner for damage to structures identified in §
												89.142a(f)(1)
						(relating to subsidence control: performance standards) if the operator
						demonstrates to the Department's satisfaction one or more of the following
						apply:
(1) The landowner denied the operator
						access to the property upon which the structure is located to conduct a
						premining survey or a postmining survey of the structure and surrounding
						property, and thereafter the operator served notice upon the landowner by
						certified mail or personal service. The operator shall demonstrate the
						following:
(i) The notice identified the
						rights established by sections
						5.4-5.6 of The Bituminous Mine
						Subsidence and Land Conservation Act (52 P. S. §§
															1406.5d-1406.5f).
(ii) The landowner denied the operator access
						to the site to conduct the survey within 10 days after the landowner's receipt
						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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.145 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.145a - Water supply replacement: performance standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Water supply surveys
.
(1) The operator shall conduct a premining
						survey and may conduct a postmining survey of the quantity and quality of all
						water supplies within the permit and adjacent areas, except when the landowner
						denies the operator access to the site to conduct a survey and the operator has
						complied with the notice procedure in this section. Premining surveys shall be
						conducted prior to the time a water supply is susceptible to mining-related
						effects. Survey information must include the following information to the
						extent that it can be collected without excessive inconvenience to the
						landowner:
(i) The location and type of water
						supply.
(ii) The existing and
						reasonably foreseeable uses of the water supply.
(iii) The chemical and physical
						characteristics of the water, including, at a minimum, total dissolved solids
						or specific conductance corrected to 25°C, pH, total iron, total manganese,
						hardness, total coliform, acidity, alkalinity and sulfates. An operator who
						obtains water samples in a premining or postmining survey shall utilize a
						certified laboratory to analyze the samples.
(iv) The quantity of the water.
(v) The physical description of the water
						supply, including the depth and diameter of the well, length of casing and
						description of the treatment and distribution systems.
(vi) Hydrogeologic data such as the static
						water level and yield determination.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.146 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.146a - Water supply replacement: procedure for resolution of water supply damage claims

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever a
						landowner or water supply user experiences contamination, diminution or
						interruption of a water supply which is believed to have occurred as a result
						of underground mining activities, the landowner or water user shall notify the
						operator. The operator shall diligently investigate the water loss. This
						subsection does not apply to water supplies affected by underground mining
						activities which are governed by Chapter 87 (relating to surface mining of
						coal).
(b) The Department will
						order the operator to provide temporary water to the landowner or water supply
						user within 24 hours of issuance of the order if the following apply:
(1) No alternate temporary water supply is
						available to the landowner or water user.
(2) The water supply is contaminated,
						diminished or interrupted.
(3) The
						water supply is located within the rebuttable presumption area.
(4) The landowner notified the operator of
						the water supply problem.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.147 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.148 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.149 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.150 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.151 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.152 - Water supply replacement: special provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the case of an EPACT water supply, an
						operator may not be required to restore or replace the water supply if one of
						the following has occurred:
(1) The
						Department has determined that a replacement water supply meeting the criteria
						in §
													89.145a(f)
						(relating to water supply replacement: performance standards) cannot be
						developed and the operator has purchased the property for a sum equal to the
						property's fair market value immediately prior to the time the water supply was
						affected or has made a one-time payment equal to the difference between the
						property's fair market value determined immediately prior to the time the water
						supply was affected and the fair market value determined at the time payment is
						made.
(2) The landowner and
						operator have entered into a valid voluntary agreement under section
						5.3(a)(5)  of The
						Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §
														1406.5c(a)(5)) which does
						not require restoration or replacement of the water supply and the Department
						has determined that an adequate replacement water supply could feasibly be
						developed.
(3) The operator can
						demonstrate one of the following:
(i) The
						contamination, diminution or interruption existed prior to the underground
						mining activities as determined by a premining survey, and the operator's
						underground mining activities did not worsen the preexisting contamination,
						diminution or interruption.
(ii)
						The contamination, diminution or interruption occurred more than 3 years after
						underground mining activities occurred.
(iii) The contamination, diminution or
						interruption occurred as the result of some cause other than the underground
						mining activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.153 - Water supply replacement: rebuttable presumption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a determination or proceeding under
						section 5.2 of The Bituminous Mine
						Subsidence and Land Conservation Act (52 P. S. §
													1406.5b), it is presumed that the operator is
						responsible for the contamination, diminution or interruption of a water supply
						that is within the rebuttable presumption area.
(b) The operator may successfully rebut the
						presumption by affirmatively proving that the landowner denied the operator
						access to the property on which the water supply is located to conduct a
						premining survey or a postmining survey of the quality and quantity of the
						water supply and that the operator complied with the notification procedure in
						§
												89.145a(a)(3)
						(relating to water supply replacement: performance standards).
(c) Affirmatively proving that an operator
						was denied access to conduct a premining or postmining survey of a water supply
						does not relieve the operator of liability for the contamination, diminution or
						interruption when the landowner, affected water use or the Department proves
						the operator's underground mining activities caused the contamination,
						diminution or interruption.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter F - SUBSIDENCE CONTROL AND WATER SUPPLY REPLACEMENT › Section 89.155 - Public notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						operator shall send a notice by certified mail, return receipt requested, to
						the owner of record of each property and each utility, and each political
						subdivision overlying its underground mining operations. A notice shall be sent
						to the resident and owner of each structure overlying the mining operation. The
						notice shall be sent at least 6 months, but not more than 5 years, prior to
						mining beneath that property or structure or within that political subdivision.
						The operator shall provide the Department with a copy of each notice and return
						receipt, or, if the certified mail is not accepted, a copy of the returned
						envelope documenting that the notice was not accepted or not
						deliverable.
(b) The notice shall
						identify:
(1) The area in which underground
						mining will take place.
(2) The
						approximate time frame, within the permit term, when the underground mining
						that may cause subsidence and affect specific structures is expected to
						occur.
(3) The location of the
						offices where the applications and maps submitted under this chapter are
						available for inspection and a schedule of dates for the submission of the
						6-month maps under § 89.154(b) (relating to maps).
(4) The location of the offices of both the
						operator and the Department where a surface owner can submitwritten complaints
						alleging subsidence damage or water supply contamination, diminution or
						interruption.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter G - IN SITU PROCESSING › Section 89.161 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						situ processing means those activities on the surface or underground which
						involve in-place processing and removal of coal or coal by-products. For the
						purpose of this subchapter, in situ processing does not include the collection
						of methane and natural gas by means of boreholes and wells or the drilling,
						stimulation or construction of boreholes or wells for the collection of methane
						and natural gas. Such activities shall meet the requirements of the Gas
						Operations Well-Drilling Petroleum and Coal Mining Act (52 P. S.
						§§
													2120-2602).
(b) A person who conducts or intends to
						conduct in situ processing shall obtain a permit from the Department in
						accordance with this chapter and Chapter 86 (relating to surface and
						underground coal mining: general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter G - IN SITU PROCESSING › Section 89.162 - Information requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						application for in situ processing shall meet the information requirements of
						this chapter.
(b) Each application
						for in situ processing shall include a plan that ensures that all
						pollution-forming and radioactive gases, solids or liquids constituting a fire,
						health, safety or environmental hazard and caused by, or used in, the mining
						and recovery process are used, stored, treated, confined or disposed of in
						accordance with this title.
(c) The
						information required in this subchapter shall be designed and implemented to
						achieve the performance standards set forth in this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter G - IN SITU PROCESSING › Section 89.163 - Performance standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						situ processing shall be conducted in accordance with the performance standards
						and design criteria of this chapter.
(b) In addition, in situ processing shall be
						conducted to prevent flow of the process recovery fluid:
(1) Horizontally beyond the affected area
						identified in the permit.
(2)
						Vertically into overlying or underlying acquifers.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter H - COAL PREPARATION ACTIVITIES › Section 89.171 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						subchapter applies to a person who intends to conduct coal preparation
						activities outside the permit area of a surface or underground coal mine or
						coal refuse disposal area, other than the activities which are located at the
						site of ultimate coal use.
(b) A
						person who conducts coal preparation activities shall obtain a permit from the
						Department under Chapter 86 and Subchapter A (relating to surface and
						underground coal mining: general; and 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter H - COAL PREPARATION ACTIVITIES › Section 89.172 - Informational requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application for a coal preparation activity shall contain:
(1) An erosion and sedimentation control plan
						under Subchapter A (relating to erosion and sedimentation control).
(2) An operation plan which specifies plans
						for the construction, operation and maintenance of the preparation
						plant.
(3) A reclamation plan which
						specifies plans for the removal of the preparation activities and reclamation
						of the affected area.
(4) The
						information requirements of Subchapter E (relating to prime farmlands), if
						applicable.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter A - GENERAL PERMIT AND APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL › Section 90.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies certain specific rules and
						  procedures for those persons who engage in coal refuse disposal activities.
						  General rules and procedures for those who engage in coal refuse disposal
						  activities are found in Chapter 86 (relating to surface and underground coal
						  mining: general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter A - GENERAL PERMIT AND APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL › Section 90.3 - General requirements: permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person who conducts coal refuse
						disposal activities shall maximize, to the extent technologically and
						economically feasible and consistent with applicable deep mine safety
						requirements, the underground disposal of refuse in abandoned, inactive or
						active deep mines, or in abandoned or unreclaimed surface mines. The
						application shall include a statement specifying whether or not disposal of
						coal refuse in abandoned, inactive or active deep mines or in abandoned or
						unreclaimed surface mines is proposed for the operation and, if not, outlining
						the technical, economic and safety considerations prohibiting such
						disposal.
(b) A person who conducts
						coal refuse disposal activities shall comply with the requirements of this
						chapter and Chapter 86 (relating to surface and underground coal mining:
						general), except, however:
(1) Disposal of
						coal refuse in an active surface coal mine shall comply with Chapter 87
						(relating to surface mining of coal) 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, inactive or active underground coal mine shall comply with
						Chapter 89 (relating to underground mining of coal and coal preparation
						facilities), with subsection (a) and with §
													90.127 (relating to coal refuse
						disposal: disposal in underground coal mines).
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 90.5 - Site selection and permitting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Prior to applying for a permit to conduct coal refuse disposal activities, the
						applicant shall comply with Subchapter E (relating to site selection). The
						Department's technical guidance document Number 563-2113-660, titled
Coal Refuse Disposal-Site Selection
, shall be used as guidance
						for selecting a coal refuse disposal site.
(b) After the Department has approved a site
						in accordance with Subchapter E, the applicant may apply for a permit for coal
						refuse disposal activities in accordance with Chapters 86 and 88 (relating to
						surface and underground coal mining: general; and anthracite coal) and this
						chapter.
This section cited in 25 Pa. Code §
														88.281 (relating to
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.11 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each coal
						refuse disposal permit application shall include a description of:
(1) The location and extent of the proposed
						coal refuse disposal activities for which a permit is being sought and an
						identification of the size and sequence of those lands adjacent to the proposed
						permit area for which it is anticipated that individual permits for coal refuse
						disposal will be sought.
(2) The
						existing or predisposal environmental resources within the proposed permit and
						adjacent area that may be affected by the proposed coal refuse disposal
						activities. The description shall include the information required in this
						subchapter.
(3) The nature of
						archaeological, cultural and historic resources listed on or eligible for
						listing on the National Register of Historic Places and known archaeological
						sites within and adjacent to the proposed permit area. The description shall be
						based on available information, including, but not limited to, data of the
						Historical and Museum Commission and local archaeological, historic and
						cultural preservation agencies. The Department may require the applicant to
						identify and evaluate important historic and archaeological resources that may
						be eligible for listing on the National Register of Historic Places, through
						one or more of the following:
(i) The
						collection of additional information.
(ii) The conducting of field
						investigations.
(iii) Other
						appropriate analysis.
(4)
						The geology, hydrology and water quality and quantity of lands within the
						proposed permit area, the adjacent area and the general area. The description
						shall conform with the following:
(i)
						Information on hydrology, water quality and quantity, and geology related to
						hydrology of areas outside the proposed permit area and within the general area
						may be obtained from an appropriate Federal or State agency.
(ii) The applicant shall gather and submit
						this information to the Department as part of the permit application, if this
						information is not available from those agencies.
(iii) The permit will not be approved by the
						Department until this information is made available in the
						application.
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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.12 - Geology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application
						shall include a description of the areal and structural geology within the
						proposed permit and adjacent area, including the lithology of the strata that
						influence the occurrence, availability, movement and quality of groundwater
						that may be affected by the coal refuse disposal. For lands within the proposed
						permit and adjacent areas, the applicant shall provide a description of the
						geology with complementing maps and cross sections and the results of test
						borings. The description shall include the strata down to and including any
						aquifer that may be affected. At a minimum, the description shall include:
(1) The location and quality of subsurface
						water.
(2) The depth, lithology and
						structure of near-surface bedrock.
(3) The location, identification and status
						of mining and coal refuse disposal operations within or adjacent to the
						proposed permit area.
(4) A
						description of any glacial, alluvial or colluvial deposits or other
						unconsolidated deposits that are present within or beneath the proposed permit
						area, including their thickness and location.
(5) A description of any mine workings that
						are present beneath the proposed permit area.
(6) The attitude and characteristics of
						joints, cleats, fracture zones and faults within the permit and adjacent
						areas.
(7) The location and
						identification of all coal seam croplines within the permit area.
(8) A description of the physical
						characteristics of soils within the permit area.
(9) A description of aquifers that are
						present beneath the proposed permit 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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.13 - Groundwater information

Current through Register Vol. 54, No. 28, July 13, 2024
The application shall contain a description of the
						  premining or baseline groundwater hydrology of the proposed permit and adjacent
						  area, including the following:
(1) The
						results of a groundwater inventory of existing wells, springs and other
						valuable groundwater resources, providing information on location, quality,
						quantity, depth to water and usage of the groundwater for the proposed permit
						and potentially impacted offsite areas. Information on water availability and
						occurrence, and alternate water supplies shall be emphasized and water quality
						information relating to suitability for existing predisposal use shall be
						provided. At a minimum, water quality descriptions shall include total
						dissolved solids or specific conductance corrected to 25°C, pH, total iron,
						total manganese, alkalinity, acidity and sulfates.
(2) Other information on the baseline
						hydrogeologic properties of the groundwater system shall be included with the
						application. The Department may require information on indicator parameters
						such as pumping test, lithologic and piezometer data or that other appropriate
						information be provided. The application shall include a description of the
						groundwater flow system as it relates to the design and operation of the
						proposed groundwater and surface water protection system as described in §
												90.50 (relating to design
						criteria: groundwater and surface water protection system).
The provisions of this §
														90.13 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.14 - Surface water information

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Surface water information shall contain a description of the surface waters,
						including the name of the watershed which will receive water discharges, the
						location of surface water bodies such as streams, lakes, ponds and springs,
						deep mine discharges and seeps, the locations of water discharges into a
						surface body of water and descriptions of surface drainage systems sufficient
						to identify the seasonal variations in water quantity and quality within the
						proposed permit and adjacent areas.
(b) Surface water information shall include
						the following:
(1) The surface elevations and
						rate of flow of springs, seeps and deep mine discharges located within and
						adjacent to the proposed permit area.
(2) Minimum, maximum and average discharge
						conditions, which identify critical low flows and peak discharge rates of
						streams sufficient to identify seasonal variations.
(3) Water quality data to identify the
						characteristics of surface waters in, discharging into or which will receive
						flows of surface or groundwater from the proposed permit area, sufficient to
						identify seasonal variations, showing:
(i)
						Total dissolved solids in milligrams per liter or specific conductance in
						micromhos per centimeter corrected to 25°C.
(ii) Total suspended solids in milligrams per
						liter.
(iii) Acidity in milligrams
						per liter.
(iv) Alkalinity in
						milligrams per liter.
(v) pH in
						standard units.
(vi) Total iron in
						milligrams per liter.
(vii) Total
						manganese in milligrams per liter.
(viii) Sulfates in milligrams per
						liter.
(ix) Total aluminum in
						milligrams per liter.
(x) Other
						information as the Department determines is 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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.15 - Alternative water supply information

Current through Register Vol. 54, No. 28, July 13, 2024
The application shall identify the extent to which the
						  proposed coal refuse disposal activities may result in contamination,
						  diminution or interruption of an underground or surface source of water within
						  the proposed permit or adjacent area for domestic, agricultural, industrial or
						  other legitimate use. If contamination, diminution or interruption results,
						  then the description shall identify the alternate sources of water supply that
						  could be developed to replace the existing sources.
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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.16 - Climatological information

Current through Register Vol. 54, No. 28, July 13, 2024
When requested by the Department, the application shall
						  contain a statement of the climatological factors that are representative of
						  the proposed permit area. The statement shall contain the information the
						  Department deems relevant to ensure compliance with the requirements of 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 90 - COAL REFUSE DISPOSAL › Subchapter B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.17 - Vegetation information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						application shall contain a description of the extent of cover, in percent
						ground cover, of the natural vegetation within the proposed permit area. When
						the postmining land use is wildlife habitat, the description shall include
						information adequate to establish the stocking standards of §
												90.159(b)(2)(iii)
						(relating to revegetation: standards for successful revegetation). When
						requested by the Department, the application shall contain a map or aerial
						photograph that delineates existing vegetation types and a description of the
						plant communities within the proposed permit and adjacent area.
(b) When a map or aerial photograph is
						required, sufficient adjacent areas shall be included to allow evaluation of
						vegetation as important habitat for fish and wildlife.
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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.18 - Fish and wildlife resources information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include fish and wildlife
						  resources information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the
						information shall be determined by the Department in consultation with State
						and Federal agencies with responsibilities for fish and wildlife and shall be
						sufficient to design the protection and enhancement plan required under §
												90.48 (relating to fish and
						wildlife protection and enhancement plan).
(2) Site-specific resource information
						necessary to address the respective species or habitats shall be required when
						the proposed permit area or adjacent area is likely to include one or more of
						the following:
(i) Listed or proposed
						endangered or threatened species of plants or animals or their critical
						habitats listed by the United States Secretary of the Interior under the
						Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205,
						87 Stat. 884), or species or habitats protected by State law or regulations,
						including those species listed as threatened or endangered by the Game
						Commission and the Fish Commission.
(ii) Habitats of unusually high value for
						fish and wildlife such as important streams, wetlands, riparian areas, cliffs
						supporting raptors, areas offering special shelter or protection, migration
						routes or reproduction and wintering areas.
(iii) Other species or habitats identified
						through agency consultation as requiring special protection under State or
						Federal law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 90 - COAL REFUSE DISPOSAL › Subchapter B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.19 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.20 - Land use information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						application shall contain a map and a statement of the uses, condition,
						capability and productivity of land within the proposed permit area, including:
(1) The uses of the land existing at the time
						of application and, if the land use has changed within 5 years prior to time of
						applications, the prior use of land. If the land has been previously used for
						coal refuse disposal activities or mined and not reclaimed, the uses which
						preceded any coal refuse disposal activities or mining, if known.
(2) The capability of the land prior to any
						coal refuse disposal activities or mining to support a variety of uses, giving
						consideration to soil and foundation characteristics, topography, vegetative
						cover and hydrology.
(3) The
						productivity of cropland, pastureland or land occasionally cut for hay,
						commercial forest land, expressed as average yield of food, fiber, forage or
						wood products. The productivity shall be determined by yield data or estimates
						for similar sites based on current data from the United States Department of
						Agriculture or the Pennsylvania Department of Agriculture.
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 B - MINIMUM ENVIRONMENTAL RESOURCES INFORMATION REQUIRED IN PERMIT APPLICATIONS FOR COAL REFUSE DISPOSAL › Section 90.22 - Prime farmland investigation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The applicant shall conduct a preapplication investigation of the area proposed
						to be affected by coal refuse disposal activities to determine whether lands
						within the area may be prime farmland.
(b) Land will not be considered prime
						farmland when the applicant can demonstrate one or more of the following:
(1) The land has not been historically used
						as cropland.
(2) Other factors
						exist, such as a very rocky surface, or the land is flooded during the growing
						season more than once in 2 years and the flooding has reduced crop
						yields.
(3) The slope of the land
						is 10% or greater.
(4) The land is
						not irrigated or naturally subirrigated.
(5) There are no soil map units that have
						been designated prime farmland by the United States Natural Resources
						Conservation Service, on the basis of a soil survey of the lands proposed to be
						affected by coal refuse disposal activities.
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 90.31 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a description of the coal
						  refuse disposal activities proposed to be conducted during the life of the coal
						  refuse disposal operations within the proposed permit area, including, at a
						  minimum, the following:
(1) A
						narrative description of the type and method of coal refuse disposal procedures
						and proposed engineering techniques and the major equipment to be used during
						operations.
(2) A narrative
						explaining the construction, modification, use, maintenance and removal of the
						following facilities and structures, unless retention of the facility or
						structure is necessary for postdisposal land use as specified in §
												90.166 (relating to postdisposal
						land use):
(i) Dams, embankments and other
						impoundments.
(ii) Overburden and
						topsoil handling and storage areas.
(iii) Coal removal, handling, storage,
						cleaning, processing and transportation areas and structures.
(iv) Spoil, coal refuse, mine development
						waste and noncoal waste removal, handling, storage, transportation and disposal
						areas and structures.
(v) Mine
						facilities.
(vi) Water and air
						pollution control facilities.
(vii)
						Erosion and sediment control 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 90.32 - Existing structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application shall contain a description of each existing structure proposed to
						be used in connection with or to facilitate the coal refuse disposal
						activities, including:
(1) Location.
(2) Plans of the structure which describe its
						current condition.
(3) Approximate
						dates on which construction of the existing structures was begun and
						completed.
(4) A showing, including
						relevant monitoring data or other evidence, indicating whether the structure
						meets the performance standards or the design requirements of Subchapter D
						(relating to performance standard for coal refuse disposal).
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 90.33 - Reclamation plan

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a plan for the reclamation
						  of lands within the proposed permit area including, at a minimum, the following
						  information:
(1) A timetable for the
						accomplishment of each major step in the reclamation plan.
(2) An estimate of the cost of the
						reclamation of the proposed operations required to be covered by a performance
						bond under Chapter 86 Subchapter F (relating to bonding and insurance
						requirements), with supporting calculations for the estimates.
(3) A plan for backfilling, soil
						stabilization, compacting and grading, with contour maps or cross sections that
						show the anticipated final surface configuration of the proposed permit area in
						accordance with Subchapter D (relating to performance standard for coal refuse
						disposal).
(4) A plan for removal,
						storage and redistribution of topsoil, subsoil and other material to meet the
						requirements of §§ 90.96-90.100.
(5) A plan for revegetation as required in
						§§
												90.151-90.157,
						90.159 and
						90.160, including, but not limited
						to, descriptions of the following:
(i)
						Schedule of revegetation.
(ii)
						Species and amounts per acre of seeds and seedling to be used.
(iii) Methods to be used in planting and
						seeding.
(iv) Mulching techniques,
						if required by the Department.
(v)
						Irrigation, if appropriate, and pest and disease control measures, if
						any.
(vi) Measures proposed to be
						used to determine the success of revegetation as required in §
													90.159 (relating to revegetation:
						standards for successful revegetation).
(vii) A soil testing plan for determining
						soil nutrients and liming requirements and evaluation of the results of topsoil
						handling and reclamation related to revegetation.