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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.83 - Eligibility for assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						applicant is eligible for assistance if the applicant:
(1) Intends to apply for a permit under this
						chapter.
(2) Establishes that the
						probable total attributed annual production from all locations on which the
						applicant is issued the mining activities permit will not exceed 300,000
						tons.
(3) Is not restricted from
						receiving a permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.84 - Applications for assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application for assistance shall contain the following information:
(1) A statement of intent to file a permit
						application under this chapter.
(2)
						The names and addresses of:
(i) The intended
						permit applicant.
(ii) The intended
						operator, if different from the applicant.
(3) A schedule of the estimated total
						production of coal from the proposed permit area and all other locations from
						which production is attributed to the applicant under this section. For each
						location, the schedule shall include:
(i) The
						name under which coal is or will be mined.
(ii) The permit number and Mine Safety and
						Health Administration identification number, if available.
(iii) The actual coal production for the year
						preceding the application for assistance and that portion of the production
						attributed to the applicant.
(iv)
						The estimated coal production for each year of the proposed permit and that
						portion attributed to the applicant.
(4) A description of:
(i) The method of coal mining activities
						proposed.
(ii) The anticipated
						starting and termination dates of mining operations.
(iii) The number of acres of land to be
						affected by the proposed mining.
(iv) A general statement on the probable
						depth and thickness of the coal resource.
(5) A United States Geological Survey
						topographic map of 1:24,000 scale or larger which clearly shows:
(i) The area of land to be affected and the
						natural drainage above and below the affected area.
(ii) The names of property owners within the
						area to be affected and of adjacent lands.
(iii) The location of existing structures and
						developed water sources within the area to be affected and of adjacent
						lands.
(iv) The location of
						existing and proposed test boring or core samples and the location and extent
						of known working of any underground mines.
(6) Copies of documents which show that the
						legal right of entry necessary to meet the provisions of §
													86.64 (relating to right of entry)
						have been obtained by the applicant.
(7) The mine operator's license
						number.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.85 - Application approval and notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Department finds the applicant
						eligible for assistance and does not have information readily available which
						would preclude issuance of a permit to the applicant for mining in the area
						proposed, it will:
(1) Determine the minimum
						data requirements necessary to meet the provisions of §
													86.81 (relating to program
						services).
(2) Select the services
						of one or more qualified consultants to perform the required work.
(3) Provide the applicant a copy of the
						contract or other appropriate work order for the qualified consultants'
						services and the consultants' report within 15 days of the Department's final
						approval.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.87 - Determination of data requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will determine the data
						collection requirements to meet the objectives of the program for each
						applicant or group of applicants. Development of information on environmental
						resources, operation plans and reclamation plans may proceed concurrently with
						data collection and analyses required for the determination of the probable
						hydrologic consequences of the proposed mining activities if specifically
						authorized by the Department in an approved work order.
(b) The data requirements will be based on:
(1) The extent of currently available
						hydrologic and core analysis data for the applicable area provided by the
						Department.
(2) The data collection
						and analysis guidelines developed and provided by 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.90 - Public records; evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Data collected under this program shall be made
						  available to all interested persons, except that information which pertains
						  only to the analysis of the chemical and physical properties of the
						  coal-excepting information regarding such mineral or elemental content which is
						  potentially toxic in the environment-shall be kept confidential and not made a
						  matter of public record.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.92 - Basic qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
						be designated as a qualified consultant or qualified laboratory, the consultant
						or laboratory shall demonstrate that it:
(1)
						Is staffed with experienced, professional personnel in the fields of hydrology,
						mining engineering, aquatic biology, geology or chemistry applicable to the
						work to be performed as a water laboratory, overburden laboratory or consulting
						firm.
(2) Is capable of collecting
						necessary field data and samples.
(3) Has adequate space for material
						preparation, cleaning and sterilizing necessary equipment, stationary
						equipment, storage and space to accommodate periods of peak work
						loads.
(4) Meets the requirements
						of the Occupational Safety and Health Act of 1970, the act of December 29, 1970
						(Pub.L. No. 91-596) (84 Stat. 1590).
(5) Has the financial capability and business
						organization necessary to perform the work required.
(6) Has analytical, monitoring and measuring
						equipment capable of meeting the applicable standards and methods contained in:
(i) The current edition of
Standard
						Methods of the Examination of Water and Waste Water.
(ii)
Methods of Chemical Analysis of
						Water and Wastes
, as amended. The standards contained therein are
						incorporated by reference. Available from ORD Publications, CERTI, EPA,
						Cincinatti, Ohio 45278 March 1983 (EPA-600/4-79-020).
(iii) The EPA standards as described in 40
						CFR Part 136 (relating to guidelines establishing test procedures for the
						analysis of pollutants).
(iv) The
						Department's
Overburden Sampling and Testing Manual.
(7) Has the capability
						of making hydrologic field measurements and analytical laboratory
						determinations by acceptable hydrologic engineering or analytical methods or by
						appropriate methods or guidelines for data acquisition recommended by 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.93 - Assistance funding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Funds
						authorized by the Office of Surface Mining Reclamation and Enforcement for this
						program may not be used to cover administrative costs of the
						Department.
(b) The Department
						will, to the extent practicable, establish a formula for allocating funds among
						eligible small operators if available funds are less than those required to
						provide the services under the program. This formula shall include factors such
						as the applicant's:
(1) Anticipated date of
						filing a permit application.
(2)
						Anticipated date for commencing mining.
(3) Performance history.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter C - SMALL OPERATOR ASSISTANCE PROGRAM › Section 86.94 - Applicant liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						applicant shall reimburse the Department for the cost of the consultant and
						laboratory services performed under this subchapter, including interest from
						the date the Department requests reimbursement, if the applicant does one of
						the following:
(1) Submits false
						information.
(2) Fails to submit a
						complete permit application within 1 year from the date of receipt of the
						approved consultant report, unless the report indicates that the application is
						not approvable for technical reasons beyond the applicant's control.
(3) Fails to commence mining within 3 years
						after obtaining a permit.
(4) The
						applicant's actual and attributed annual production of coal exceeds 300,000
						tons during the 12-month period immediately following the date on which the
						applicant is issued the mining activities permit.
(5) Sells, transfers or assigns the permit to
						another person and the transferee's total actual and attributed production
						exceeds the 300,000-ton annual production limit during the 12-month period
						immediately following the date on which the applicant is issued the mining
						activities permit. Under this paragraph, the applicant and its successor are
						jointly and severally obligated to reimburse the Department.
(6) Fails to provide the services required to
						complete 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › GENERAL PROVISIONS › Section 86.102 - Areas where mining is prohibited or limited

Current through Register Vol. 54, No. 28, July 13, 2024
Subject to valid existing rights as defined in §
													86.1 (relating to definitions),
							 surface mining operations except those which existed on August 3, 1977, are not
							 permitted:
(1) On lands within the
						  boundaries of the National Park System, the National Wildlife Refuge System,
						  the National System of Trails, the National Wilderness Preservation System, the
						  Wild and Scenic Rivers System, including study rivers designated under section
						  5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. §
														1276(a)) or study rivers or
						  study river corridors as established in guidelines under that act and National
						  Recreation Areas designated by act of Congress.
(2) On Federal lands within the boundaries of
						  a National forest. Surface mining operations may be permitted on the lands, if
						  the Secretary of the United States Department of Interior and the Secretary
						  find that there are no significant recreational, timber, economic or other
						  values incompatible with surface mining operations and the surface mining
						  operations and impacts are incident to an underground coal mine.
(3) Which will adversely affect a
						  publicly-owned park or a place included on the National Register of Historic
						  Places, unless approved jointly by the Department and the Federal, State or
						  local governmental agency with jurisdiction over the park or places.
(4) On lands within the State park system.
						  Surface mining activities may be permitted if the Department of Conservation
						  and Natural Resources and the Department find that significant land and water
						  conservation benefits will result when remining of previously mined land is
						  proposed.
(5) On lands within State
						  forest picnic areas, State forest natural areas and State forest wild areas.
						  Surface mining operations may be permitted on State forest lands other than
						  picnic areas, natural areas and wild areas, if the Department of Conservation
						  and Natural Resources and the Department find that one or more of the following
						  apply:
(i) There will be no significant
						  adverse impact to natural resources, including timber, water, wildlife,
						  recreational and aesthetic values.
(ii) Significant land and water conservation
						  benefits will result when remining of previously mined lands is
						  proposed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › GENERAL PROVISIONS › Section 86.103 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon receipt of
						  a complete permit application for surface mining operations, the Department
						  will review the application to determine whether the surface mining operations
						  are limited or prohibited under §
													86.102 (relating to areas where
						  mining is prohibited or limited) on the lands which would be disturbed by the
						  proposed operation.
(b) If the
						  proposed surface mining operations would include Federal lands within the
						  boundaries of a National forest, and the applicant seeks a determination that
						  mining is permissible under §
													86.102(2), the
						  applicant shall submit a permit application to the Regional Director of the
						  Office of Surface Mining Reclamation and Enforcement and the Department for
						  processing under 30 CFR Chapter VII, Subchapter D (relating to Federal lands
						  program). Approval from the Director is required before a permit may be issued
						  by the Department.
(c) If the
						  proposed surface mining operations are to be conducted within 100 feet (30.48
						  meters) measured horizontally of the outside right-of-way line of a public
						  road-except where mine access road or haulage roads join the right-of-way
						  line-or if the applicant proposes to relocate a public road, the Department
						  will:
(1) Require the applicant to obtain
						  necessary approvals of the authority with jurisdiction over the public
						  road.
(2) Provide notice in a
						  newspaper of general circulation in the affected locale of a public hearing, if
						  one has been requested, at least 2 weeks before the hearing.
(3) Insure that an opportunity for a public
						  hearing has been afforded in the locality of the proposed surface mining
						  operations, at which members of the public may participate, for the purpose of
						  determining whether the interests of the public and affected landowners will be
						  protected.
(4) Review the
						  information received at the public hearing, if one has been held, and the
						  findings of applicable State and local agencies as to whether the interests of
						  the public and affected landowners will be protected from the proposed surface
						  mining operations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.121 - Areas exempt from designation as unsuitable for surface mining operations

Current through Register Vol. 54, No. 28, July 13, 2024
This section and §§
													86.122-86.129 do not apply to areas on
							 which:
(1) Surface mining operations
						  were being conducted on August 3, 1977.
(2) Surface mining operations have been
						  authorized by a valid permit issued under the Surface Mining Conservation and
						  Reclamation Act (52 P. S. §§
														1396.1-1396.19b), the Coal Refuse Disposal
						  Control Act (52 P. S. §§
														30.51-30.66), The Clean Streams Law
						  (35
						  P. S. §§
														691.1-691.1001) or The
						  Bituminous Mine Subsidence and Land Conservation Act (52 P. S.
						  §§
														1406.1-1406.21).
(3) A person establishes that substantial
						  legal and financial commitments in surface mining operations were in existence
						  prior to January 4, 1977.
The provisions of this §
															86.121 amended under the Surface
								Mining Conservation and Reclamation Act (52 P. S.
								§§
																1396.1-1396.19a); the Coal
								Refuse Disposal Control Act (52 P. S. §§
																30.51-30.66); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P. S.
								§§
																510-20 and
								510-30).
This section cited in 25 Pa. Code §
															86.103 (relating to procedures);
								and 25 Pa. Code §
															86.130 (relating to 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.122 - Criteria for designating lands as unsuitable

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon petition, an area shall be
						  designated as unsuitable for all or certain types of surface mining operations
						  if the Department determines that reclamation is not technologically and
						  economically feasible.
(b) Upon
						  petition, an area may be designated as unsuitable for all or certain types of
						  surface mining operations if the surface mining operations will:
(1) Be incompatible with existing
						  Commonwealth or local land use plans or programs.
(2) Affect fragile or historic lands in which
						  the surface mining operations could result in significant damage to important
						  historic, cultural, scientific or esthetic values or natural systems.
(3) Affect renewable resource lands in which
						  the surface mining operations could result in a substantial loss or reduction
						  of long-range productivity of water supply or of food or fiber
						  products.
(4) Affect natural hazard
						  lands in which the surface mining operations could substantially endanger life
						  and property, the lands to include areas subject to frequent flooding and areas
						  of unstable geology.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.123 - Procedures: petitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who has an interest which is, or may be, adversely affected has the
						  right to petition the Department to have an area designated as unsuitable for
						  surface mining operations or to have an existing designation
						  terminated.
(b) Under the
						  procedures in this section, the Department may initiate proceedings seeking to
						  have an area designated as unsuitable for surface mining operations or to have
						  the designation terminated.
(c)
						  The petitioner shall provide the following information on forms developed by
						  the Department:
(1) The location and
						  approximate size of the area covered by the petition, utilizing property or
						  boundary lines or landmarks, and including a 7 1/2-minute topographic map
						  published by the United States Geological Survey with the perimeter of the area
						  shown thereon.
(2) Allegations of
						  facts and supporting evidence which would tend to establish that the areas are
						  unsuitable for all or certain types of surface mining operations assuming that
						  contemporary mining practices required under applicable regulatory practices
						  would be followed if the area were to be mined.
(3) A description of how mining of the area
						  has affected or may adversely affect people, land, air, water or other
						  resources.
(4) The petitioner's
						  name, address, telephone number and notarized signature.
(5) Identification of the petitioner's
						  interest which is or may be adversely affected. A person having an interest
						  which is or may be adversely affected shall demonstrate an "injury in fact" by
						  describing the injury to the specific affected interest and demonstrating how
						  they are among the injured.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.125 - Procedures: hearing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 10 months of the receipt of a
						  complete petition, the Department will hold a public hearing in the locality of
						  the area covered by the petition. If all petitioners and intervenors agree, the
						  hearing need not be held.
(b) The
						  hearing shall be legislative and fact-finding in nature, without cross
						  examination of witnesses.
(c) No
						  person will bear the burden of proof or persuasion.
(d) A verbatim transcript of the hearing will
						  be made and included in the public record.
(e) The Department will give notice of the
						  date, time and location of the hearing by first class mail postmarked not less
						  than 30 days before this scheduled hearing to:
(1) Local, State and Federal agencies which
						  may have an interest in the decision on the petition.
(2) Persons known to the Department to have
						  an ownership or other interest in the area covered by the petition.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.126 - Procedures: decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  deciding whether to designate an area as unsuitable for surface mining
						  operations, the EQB will consider:
(1) The
						  information contained in the database and inventory system.
(2) Information provided by other
						  governmental agencies.
(3) The
						  detailed statement prepared under §
														86.124(e)
						  (relating to procedures: initial processing, recordkeeping and notification
						  requirements).
(4) Oral and written
						  testimony received during and written testimony received subsequent to public
						  hearing.
(5) The recommendations of
						  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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.127 - Database and inventory system requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will expeditiously develop
						  a database and inventory system which will permit evaluation of whether
						  reclamation is feasible in areas covered by petitions.
(b) The Department will include in the system
						  information relevant to the criteria in §
													86.122 (relating to criteria for
						  designating lands as unsuitable), including, but not limited to, information
						  received from the United States Fish and Wildlife Service, the State Historic
						  Preservation Office, the Fish and Boat Commission, the Department of
						  Conservation and Natural Resources' Scenic Rivers Program, the Game Commission,
						  private conservancies and the agency administering section 127 of the Clean Air
						  Act (42 U.S.C.A. §
														7470).
(c) The Department will review and update the
						  database and inventory system as information becomes available:
(1) On potential mineral resources of this
						  Commonwealth, demand of the resources, the environment, the economy and the
						  supply of minerals sufficient to enable the Department to prepare the
						  statements required by §
														86.124(e)
						  (relating to procedures: initial processing, recordkeeping and notification
						  requirements).
(2) From petitions,
						  publications, experiments, permit applications, mining and reclamation
						  operations and other sources.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.128 - Public information

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will:
(1) Make the information and database system
						  developed under §
													86.127 (relating to database and
						  inventory system requirements) available to the public for inspection free of
						  charge and for copying at reasonable cost during established office
						  hours.
(2) Provide information to
						  the public on the petition procedures necessary to have an area designated as
						  unsuitable for all or certain types of surface mining operations or to have
						  designations terminated and describe how the inventory and database system can
						  be used.
(3) Maintain a map of
						  areas designated as unsuitable for all or certain types of surface mining
						  operations.
(4) Make available to
						  persons information within its control regarding designation or terminations,
						  including mineral or elemental content which is potentially toxic in the
						  environment. Other information which is properly classified as proprietary or
						  confidential will be protected by the Department as may be required by
						  law.
The provisions of this §
															86.128 amended under the Surface
								Mining Conservation and Reclamation Act (52 P. S.
								§§
																1396.1-1396.19a); the Coal
								Refuse Disposal Control Act (52 P. S. §§
																30.51-30.66); The Clean Streams Law
								(35
								P. S. §§
																691.1-691.1001); and
								sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P. S.
								§§
																510-20 and
								510-30).
This section cited in 25 Pa. Code §
															86.102 (relating to areas where
								mining is prohibited or limited); 25 Pa. Code §
															86.103 (relating to procedures);
								25 Pa. Code §
															86.121 (relating to areas exempt
								from designation as unsuitable for surface mining operations); and 25 Pa. Code
								§
															86.130 (relating to 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter D - AREAS UNSUITABLE FOR MINING › CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS UNSUITABLE FOR SURFACE MINING › Section 86.129 - Coal exploration on areas designated as unsuitable for surface mining operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Designation of an area as unsuitable for all or certain types of surface mining
						  operations under this chapter does not prohibit coal exploration operations in
						  the area.
(b) Coal exploration may
						  be conducted on an area designated as unsuitable for surface mining operations
						  in accordance with this chapter if the following apply:
(1) The person conducting coal exploration
						  obtains an exploration permit from the Department under this section which
						  meets the following conditions:
(i) The permit
						  application demonstrates that the requirements of this section and §
															86.134 (relating to coal
						  exploration performance and design standards) will be met.
(ii) Public notice of the application and
						  opportunity to comment is provided in accordance with §§
															86.31 and
						  86.32 (relating to public notices
						  of filing of permit applications; and opportunity for submission of written
						  comments or objections on the permit application).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter E - COAL EXPLORATION › Section 86.131 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to persons who conduct or seek
						  to conduct coal exploration outside of the permit area. Coal exploration which
						  substantially disturbs the natural land surface shall comply with the minimum
						  performance standards and design requirements of this subchapter. The
						  Department may, if it deems necessary, require compliance with other applicable
						  performance and design requirements of Chapters 87-90.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter E - COAL EXPLORATION › Section 86.132 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Coal exploration
-The field gathering
						  of surface or subsurface geologic, physical or chemical data by mapping,
						  trenching, drilling, geophysical or other techniques necessary to determine the
						  quality of overburden and coal of an area, or the gathering of environmental
						  data, to establish the conditions of an area.
Substantially disturb
-For purposes of
						  coal exploration, including, but not limited to, to have a significant impact
						  upon land, air or water resources by activities such as blasting, mechanical
						  excavation or altering coal or water exploratory holes or wells, construction
						  of roads and other access routes, removal of topsoil or overburden and the
						  placement of structures, excavated earth or other debris on the surface of
						  land.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter E - COAL EXPLORATION › Section 86.133 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person who intends to conduct coal exploration shall, prior to conducting the
						exploration, file with the Department one copy of a written notice of intention
						to explore for each exploration area at least 10 days prior to the exploration
						on forms provided by the Department.
(b) The notice shall include:
(1) The name, address and telephone number of
						the person seeking to explore.
(2)
						The name, address and telephone number of the representative who will be
						present at and responsible for conducting the exploration activities.
(3) A map, at a scale of 1:24,000, of the
						exploration area showing the extent of the exploration, location of drill holes
						and exploration trenches, existing and proposed roads, occupied dwellings,
						topographic features, bodies of water and pipelines.
(4) A statement of the period of intended
						exploration.
(5) A description of
						the practices proposed to be followed to protect the environment from adverse
						impacts as a result of the exploration activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter E - COAL EXPLORATION › Section 86.134 - Coal exploration performance and design standards

Current through Register Vol. 54, No. 28, July 13, 2024
The following performance standards are applicable to
						  coal exploration which substantially disturbs the land surface:
(1) Habitats of unique value for fish,
						wildlife and other related environmental values may not be disturbed during
						coal exploration.
(2) Roads used
						for coal exploration shall comply with the following:
(i) A new road in the exploration area shall
						comply with §§
													87.160 and
						87.166 (relating to haul roads and
						access roads; and haul roads and access roads: restoration).
(ii) Existing roads may be used for
						exploration in accordance with the following:
(A) Applicable Federal, State and local
						requirements shall be met.
(B) If
						the road is significantly altered for exploration, including, but not limited
						to, change of grade, widening or change of route, or if the use of the road for
						exploration contributes additional suspended solids to streamflow or runoff,
						paragraph (6) applies to the areas of the road which are altered or which
						result in the additional contributions.
(C) If the road is significantly altered for
						exploration activities or will remain as a permanent road after exploration
						activities are completed, theperson conducting exploration shall ensure that
						the requirements of §§
														87.160 and
						87.166, as appropriate, are met
						for the design, construction, alteration and maintenance of the road.
(iii) Promptly after exploration
						activities are completed, existing roads used during exploration shall be
						reclaimed to one or more of the following:
(A)
						A condition equal to or better than their preexploration condition.
(B) The condition required for permanent
						roads under §§ 87.160 and 87.166, as appropriate.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter E - COAL EXPLORATION › Section 86.136 - Coal exploration compliance duties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal exploration and reclamation
						activities shall be conducted in accordance with the coal exploration
						requirements of applicable State and Federal laws and rules and regulations,
						this chapter and conditions on approval for exploration and reclamation imposed
						by the Department.
(b) A person who
						conducts coal exploration in violation of this subchapter shall be subject to
						the applicable inspection and enforcement provisions of the Department, and
						Subchapters G and H (relating to civil penalties for coal mining activities;
						and enforcement and inspection).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter E - COAL EXPLORATION › Section 86.137 - Public availability of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsection (b),
						information submitted to the Department under this subchapter shall be made
						available for public inspection and copying at the appropriate district or
						regional office of the Department.
(b) The Department will not make information
						available for public inspection if the person submitting the notification lists
						the reasons why it is confidential and requests, in writing, at the time of
						submission, that it not be public information. The Department will determine if
						the notice is confidential after reviewing the reasons submitted.
(1) Information shall be considered
						confidential by the Department only if it concerns trade secrets or contains
						privileged commercial or financial information which relates to the competitive
						rights of the person intending to conduct coal exploration.
(2) Information requested to be held as
						confidential under this section will not be made publicly available until after
						notice and opportunity to be heard is afforded both persons seeking and
						opposing disclosure of the information.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 86.141 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the minimum requirements
							 for bonding and insuring mining and reclamation operations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 86.143 - Requirement to file a bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  new, revised or renewed permit to conduct mining or reclamation operations will
						  be issued by the Department before the applicant for the permit has filed with
						  the Department a bond upon a form provided by the Department payable to the
						  Department, and the bond has been approved by the Department. The bond shall be
						  conditioned upon the faithful performance of the requirements of the acts and
						  regulations thereunder, the reclamation plan and the conditions of the
						  permit-including amendments, revisions and changes to the acts, the
						  regulations, the reclamation plan and the conditions of the permit-as may
						  hereinafter be lawfully made. The amount, duration, form, conditions and terms
						  of the bond shall conform to the requirements in this subchapter.
(b) An operator may not disturb surface
						  acreage or extend or develop underground shafts, tunnels or operations, except
						  for coal exploration permitted under Subchapter E (relating to coal
						  exploration), prior to receipt of approval from the Department of a bond and
						  issuance of a permit covering the surface acreage to be affected.
(c) Liability on the bond shall cover mining
						  and reclamation operations and other activities conducted within the permit
						  area, and effects resulting from the mining of the permit area, including
						  amendments thereof, during the course of mining activities and continuing for a
						  period of time as provided in this subchapter. If more than one bond instrument
						  is filed with the Department to satisfy the requirements of this subchapter for
						  a given permit, then all bond instruments, no matter when the instruments were
						  filed, apply to the entire permit area. Liability upon each bond applies to the
						  entire permit area.
This section cited in 25 Pa. Code §
															86.17 (relating to permit and
								reclamation fees); 25 Pa. Code §
															86.37 (relating to criteria for
								permit approval or denial); 25 Pa. Code §
															86.162a (relating to Anthracite
								Deep Mine Operators Emergency Bond Fund); 25 Pa. Code §
															86.162b (relating to Land
								Reclamation Financial Guarantees); 25 Pa. Code §
															86.281 (relating to financial
								guarantees to insure reclamation-general); and 25 Pa. Code §
															86.294 (relating to uses and
								limitations).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 86.144 - Requirement to file a certification of liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
Each applicant for a permit shall submit proof to the
							 Department of liability insurance coverage for its mining and reclamation
							 operations issued by an insurance company authorized to do business in this
							 Commonwealth. The amount, duration, form, conditions, terms and method of proof
							 of this insurance coverage shall conform to §
													86.168 (relating to terms and
							 conditions for liability insurance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › GENERAL PROVISIONS › Section 86.145 - Department responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will prescribe and furnish the forms for filing bonds.
(b) The Department will prescribe terms and
						  conditions for bonds and insurance.
(c) The Department will establish bonding
						  amount rate guidelines based on the estimated cost to the Department for
						  completing the reclamation requirements of the permittee under the law, the
						  regulations and the conditions of the permit considering the factors listed in
						  §
													86.149(b)
						  (relating to determination of bond amount). The guidelines shall be reviewed
						  and, if necessary, revised by the Department annually to reflect the current
						  cost of reclamation to the Department. The Department may consider fees, fines
						  or other sources of money paid by the permittee and dedicated for reclamation
						  of defaulted permit areas in determining bonding guidelines.
(d) The Department will determine the amount
						  of the bond required for the permit areas, including adjustments to the initial
						  amount from time to time as land acreages in the permit area are revised, costs
						  to the Department of reclamation change or when other relevant conditions
						  change according to the minimum requirements of § 86.149.
(e) Bonds shall be reviewed for legality and
						  form according to established procedures.
(f) The Department will release the permittee
						  from his bond and insurance requirements as provided in §§
													86.170-86.172 (relating to scope;
						  procedures for seeking release of bond; and criteria for release of
						  bond).
(g) The Department will
						  cause a bond to be forfeited as provided in §§
													86.180 -86.182 and
						  86.185-86.190.
This section cited in 25 Pa. Code §
															86.17 (relating to permit and
								reclamation fees); and 25 Pa. Code §
															86.149 (relating to determination
								of bond amount).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › AMOUNT AND DURATION OF LIABILITY › Section 86.148 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This section and §§
													86.149-86.152 set forth the minimum
							 requirements for determining the amounts and time periods of liability for
							 bonds for mining and reclamation operations.
This section cited in 25 Pa. Code §
															86.161 (relating to phased
								deposits of collateral).