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 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.462 - Postmining land uses and alternative restoration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a
						description and a map showing the proposed use, following reclamation of the
						land within the proposed permit area.
(b) An application shall contain one of the
						following:
(1) A description of the operator's
						plans to restore the area to be affected by surface mining to approximate
						original contour. The statement shall demonstrate that the operation will
						restore the affected land to a condition capable of supporting the uses it was
						capable of supporting prior to mining or higher or better uses.
(2) A description of the operator's plans to
						achieve an alternative to approximate original contouring. The applicant shall:
(i) Show that the alternative to contouring
						is likely to be achieved.
(ii) Show
						that the alternative to contouring poses no actual or potential threat to
						public health or safety, or of water diminution, interruption, contamination or
						pollution.
(iii) Do one of the
						following:
(A) Describe the postmining land
						use and show that:
(I) The proposed postmining
						land use is compatible with adjacent land use and consistent with applicable
						land use policies, plans and programs and Federal, State and local
						law.
(II) The proposed operation
						will be long term.
(III) The ratio
						of mineral deposit to overburden is such that AOC backfilling cannot be
						achieved.
(B) Do the
						following:
(I) Show that the alternative to
						contouring:
(-a-) Will improve the watershed
						of the area.
(-b-) Will leave no
						highwalls.
(-c-) Has been approved
						by the landowner in a notarized written statement.
(-d-) Will restore the land to a condition of
						supporting uses equal to or higher and better than the premining
						uses.
(II) Describe the
						postmining land use and demonstrate that the proposed postmining land use has
						been designed and certified by a registered professional engineer in
						conformance with professional standards to assure the stability, drainage and
						configuration necessary for the intended use of the
						site.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.463 - Surface mining near underground mining

Current through Register Vol. 54, No. 28, July 13, 2024
For surface mining activities within the proposed
						  permit area to be conducted within 500 feet to a point of either an active or
						  abandoned underground mine, the application shall describe the measures to be
						  used to comply with §§
												77.561-77.565 (relating to use of
						  explosives).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.464 - Protection of public parks and historic places

Current through Register Vol. 54, No. 28, July 13, 2024
For public parks or historic places that may be
						  adversely affected by the proposed operations, an application shall describe
						  the measures to be used to minimize or prevent these impacts and meet the
						  requirements of this title.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.465 - Public highways

Current through Register Vol. 54, No. 28, July 13, 2024
If the applicant proposes to relocate a public highway,
						  or conduct surface mining activities within 100 feet of the right-of-way of a
						  public highway, except where the mine access joins that right-of-way, the
						  application shall include a description and necessary drawings, approved by the
						  Department of Transportation or the municipality having jurisdiction over the
						  highway. If approval is not received from the governmental agency having
						  jurisdiction over the public highway, a request to conduct mining activities
						  within 100 feet of the right-of-way of the public highway shall be submitted
						  under §
												77.504(b)
						  (relating to distance limitations).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.466 - Haul roads

Current through Register Vol. 54, No. 28, July 13, 2024
For each haul road or other transportation facility,
						  the application shall contain a description of the road or facility and
						  appropriate maps, plans, cross sections and specifications to demonstrate
						  compliance with §§
												77.631 and
						  77.632 (relating to general
						  requirements; and restoration).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › GENERAL › Section 77.501 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts noncoal mining activities shall
							 comply with the performance standards and design requirements of 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 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › GENERAL › Section 77.502 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator shall identify the operation for the duration of the surface mining
						  activities by posting and maintaining a sign which will be clearly visible at
						  the junction of each haul road and the public highway. The sign shall be
						  constructed of a durable, weather resistant material and shall be of a minimum
						  size of 2 feet by 3 feet (60.96 centimeters by 91.44 centimeters) with a light
						  background and contrasting letters and numbers of a minimum height of 1 1/2
						  inches (3.81 centimeters) that may be easily seen and read. The sign shall show
						  the name of the operator conducting the surface mining activities, the
						  telephone number of the operator and the identification number of the current
						  permit authorizing noncoal mining activities. The sign shall be erected within
						  60 days after permit issuance.
(b)
						  The operator shall erect perimeter markers where required by the
						  Department.
(c) If blasting is
						  conducted as part of the operation, the person who conducts the surface mining
						  activities shall post and maintain signs and markers as required by §
													77.564 (relating to surface
						  blasting requirements).
This section cited in 25 Pa. Code §
															77.301 (relating to procedures for
								assessment of civil penalties).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › GENERAL › Section 77.503 - Casing and sealing of drilled holes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An exploration hole, other drill or
						  borehole, well or other exposed underground opening-except for holes solely
						  drilled and used for blasting-or other opening exposed during surface mining
						  activities shall be cased, sealed or otherwise managed as approved by the
						  Department if necessary to:
(1) Prevent acid
						  or other toxic drainage from entering groundwaters or surface waters.
(2) Minimize disturbance to the prevailing
						  hydrologic balance.
(3) Ensure the
						  safety of people, property, livestock, fish and wildlife, and machinery in the
						  permit and adjacent area.
(4)
						  Prevent groundwater and surface water from entering underground mine
						  workings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › GENERAL › Section 77.504 - Distance limitations and areas designated as unsuitable for mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						  provided in subsection (b), a person may not conduct noncoal surface mining
						  activities, other than borrow pits for highway construction purposes, as
						  follows:
(1) Within 100 feet (30.48 meters)
						  of the outside line of right-of-way of a public highway.
(2) Within 300 feet (91.44 meters) of an
						  occupied dwelling house or commercial or industrial building, unless released
						  by the owner thereof.
(3) Within
						  300 feet (91.44 meters) of a public building, school, community or
						  institutional building.
(4) Within
						  300 feet (91.44 meters) of a public park.
(5) Within 100 feet (30.48 meters) of a
						  cemetery.
(6) Within 100 feet
						  (30.48 meters) of the bank of a perennial or intermittent stream.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › TOPSOIL › Section 77.511 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Topsoil and, if necessary, suitable subsoil shall be
							 separately removed, segregated and conserved as necessary for reclamation.
							 Topsoil in excess of that needed for reclamation, as demonstrated by the
							 applicant, may be removed from the site.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); and 25 Pa. Code §
															77.513 (relating to
								storage).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › TOPSOIL › Section 77.512 - Removal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Topsoil shall
						  be removed from the areas to be disturbed, including the haul road area in a
						  separate layer prior to drilling-except exploratory drilling-blasting, mining
						  or other surface disturbance.
(b)
						  On areas that have been previously affected by mining and which have no
						  available topsoil or subsoil, sufficient material best suited to support
						  vegetation shall be segregated, conserved and redistributed as the final
						  surface layer.
(c) If topsoil is
						  less than 12 inches, a 12-inch layer which includes the topsoil and the
						  unconsolidated materials immediately below the topsoil shall be removed,
						  segregated, conserved and replaced as the final surface soil layer. If the
						  topsoil and the unconsolidated material measure less than 12 inches, the
						  topsoil and unconsolidated material shall be removed, segregated, conserved and
						  replaced as the final surface soil layer.
(d) The B horizon and portions of the C
						  horizon, or other underlying layers demonstrated to have qualities for
						  comparable root development, shall be segregated and replaced as subsoil if
						  either of these is necessary to ensure soil productivity consistent with the
						  approved postmining land use.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); and 25 Pa. Code §
															77.513 (relating to
								storage).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › TOPSOIL › Section 77.513 - Storage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Topsoil and
						  other materials removed under §§
													77.511 and
						  77.512 (relating to general
						  requirements; and removal) shall be stockpiled and selectively placed on a
						  stable area within the permit area and located where the material, unless
						  approved by the Department, will not be moved or otherwise disturbed by the
						  mining activities until required for redistribution on the regraded
						  area.
(b) Stockpiled material shall
						  be protected from wind and water erosion, unnecessary compaction and
						  contaminants which lessen the capability of the materials to support vegetation
						  when redistributed. Protective measures shall be accomplished by one of the
						  following methods:
(1) An effective cover of
						  nonnoxious, quick-growing annual and perennial plants seeded or planted as soon
						  as weather and planting conditions permit.
(2) Other methods demonstrated to, and
						  approved by, the Department to provide equal protection.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › TOPSOIL › Section 77.514 - Redistribution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to
						  redistribution of topsoil or other material, the regraded land shall be
						  scarified or otherwise treated to eliminate slippage surfaces and to promote
						  root penetration.
(b) Topsoil and
						  other materials shall be redistributed in a manner that:
(1) Achieves an approximate uniform, stable
						  thickness consistent with the approved postmining land uses, contours and
						  surface water drainage system.
(2)
						  Prevents excess compaction of the topsoil and other materials.
(3) Protects the topsoil and other materials
						  from wind and water erosion.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › TOPSOIL › Section 77.515 - Nutrients and soil amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Nutrients and soil amendments in the amounts determined by soil tests shall be
						  applied to the surface soil layer so that it supports the approved postmining
						  land use and meets the revegetation requirements of §§
													77.611-77.618 (relating to
						  revegetation).
(b) Soil tests shall
						  be performed using standard methods approved by the Department. Results of a
						  soil test shall be submitted to the Department.
(c) Agricultural or granular limestone used
						  for neutralizing soil acidity shall be of sufficient fineness so that a minimum
						  of 95% will pass through a 20 mesh sieve and shall contain sufficient calcium
						  and magnesium to be equivalent to at least 89% calcium carbonate. An
						  alternative material of equivalent neutralizing effect may be
						  employed.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.521 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Noncoal mining activities shall be planned and conducted to minimize
						  disturbances to the prevailing hydrologic balance in the permit and adjacent
						  areas.
(b) Changes in water quality
						  and quantity, the depth to groundwater and the location of surface water
						  drainage channels shall be minimized so that the approved postmining land use
						  of the permit area is not adversely affected.
(c) The operator shall conduct the noncoal
						  mining activities to prevent water pollution and, if necessary, operate and
						  maintain the necessary water treatment facilities until applicable treatment
						  requirements and effluent limitations established under §
													77.522 (relating to effluent
						  standards) are achieved and maintained.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.522 - Effluent standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At a
						  minimum, the discharge of water from areas disturbed by noncoal mining
						  activities shall comply with the following limitations:
(1) pH 6-9.
(2) Other parameters the Department may
						  require.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.523 - Water obstructions and encroachments

Current through Register Vol. 54, No. 28, July 13, 2024
A water obstruction or encroachment shall meet the
							 requirements of Chapter 105 (relating to dam safety and waterway management).
This section cited in 25 Pa. Code §
															77.459 (relating to stream
								diversions, water obstructions and encroachments); and 25 Pa. Code §
															77.504 (relating to distance
								limitations and areas designated as unsuitable for
								mining).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.524 - Diversions and conveyance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Overland flow, shallow groundwater flow from undisturbed areas and flow in
						  ephemeral streams shall be diverted away from disturbed areas by means of
						  temporary or permanent diversions to prevent water from draining into the
						  operation, to minimize erosion, to reduce the volume of water to be treated and
						  to prevent or remove from contact with acid-forming or toxic-forming
						  materials.
(b) Diversions shall be
						  designed, constructed and maintained using current engineering practices to
						  pass safely the peak runoff from a precipitation event with a 2-year recurrence
						  interval for temporary diversions and 10-year recurrence interval for permanent
						  diversion. If necessary to protect public health and safety or prevent
						  pollution, a larger event shall be used.
(c) A diversion may not be located in a way
						  that increases the potential for landslides or other offsite damage.
(d) When no longer needed, the diversion
						  shall be regraded to blend with the natural contours and drainage pattern, and
						  revegetated under §
													77.611 (relating to general
						  requirements).
This section cited in 25 Pa. Code §
															77.460 (relating to
								diversions).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.525 - Sediment control measures

Current through Register Vol. 54, No. 28, July 13, 2024
Appropriate sediment control measures shall be
							 designed, constructed and maintained under Chapter 102 (relating to erosion and
							 sediment control).
This section cited in 25 Pa. Code §
															77.458 (relating to erosion and
								sedimentation control plan); and 25 Pa. Code §
															77.631 (relating to general
								requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.526 - Treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At a
						  minimum, facilities and measures for treating discharges from disturbed areas
						  shall be designed, constructed and maintained to treat the runoff from a
						  10-year, 24-hour precipitation event and groundwater contribution. Treatment
						  facilities for process water shall be adequate to treat the total volume of
						  process water plus additional water contribution to the system. Facilities and
						  measures for treating discharges shall be based on good engineering
						  design.
(b) The design,
						  construction and maintenance of a treatment facility does not relieve an
						  operator of the responsibility to comply with effluent standards as provided
						  for in §
													77.522 (relating to effluent
						  standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.527 - Sedimentation controls

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Surface drainage from the disturbed area, including areas which have been
						  graded, seeded or planted, shall be passed through a sedimentation pond or a
						  series of sedimentation ponds before leaving the permit area. The Department
						  may waive the required use of sedimentation ponds when the person who conducts
						  surface mining activities demonstrates to the satisfaction of the Department
						  that alternate sediment control facilities will prevent accelerated erosion and
						  sedimentation under Chapter 102 (relating to erosion and sediment
						  control).
(b) Sedimentation ponds
						  shall be constructed under this section and §
													77.531 (relating to dams, ponds,
						  embankments and impoundments-design, construction and maintenance), in
						  appropriate locations before a disturbance of the area to be drained into the
						  pond. Sedimentation ponds may not be located in a perennial stream. The
						  Department will not authorize the location or placement of a sedimentation pond
						  in an intermittent stream unless the requirements of Chapters 93, 102 and 105
						  (relating to water quality standards; erosion and sediment control; and dam
						  safety and waterway management) and §
													77.522 are met and approved as
						  part of the postmining land use under §§
													77.530 and
						  77.653 (relating to impoundments;
						  and postmining land use).
(c)
						  Sedimentation ponds and controls and other treatment facilities shall be
						  maintained until removal of the ponds and facilities is approved by the
						  Department.
(d) Sedimentation ponds
						  shall meet the requirements of Chapters 102 and 105, if applicable, and be
						  designed to meet the effluent requirements of the permit.
This seciton cited in 25 Pa. Code §
															77.461 (relating to dams, ponds,
								embankments and impoundments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.528 - Discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharge from dams, ponds, embankments, impoundments
							 and diversions shall be controlled by energy dissipators, riprap channels or
							 other devices where necessary to reduce erosion, to prevent deepening or
							 enlargement of stream channels and to minimize disturbance of the hydrologic
							 balance. Discharge structures shall be designed according to standard
							 engineering-design procedures.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.529 - Acid-forming and toxic-forming spoil

Current through Register Vol. 54, No. 28, July 13, 2024
If applicable, drainage from acid-forming and
							 toxic-forming spoil into groundwater and surface water shall be avoided by the
							 following:
(1) Identifying, burying
						  and treating, if necessary, spoil that may adversely affect water quality if
						  not treated or buried.
(2)
						  Preventing water from coming into contact with acid-forming and toxic-forming
						  spoil under §
													77.596 (relating to covering coal
						  and acid-forming and toxic-forming materials) and other measures as required by
						  the Department.
(3) Temporary
						  storage of the spoil may be approved by the Department upon a finding that
						  storage will not result in a risk of water pollution or other environmental
						  damage. Storage shall be limited to the period until burial or treatment first
						  becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be
						  placed on impermeable material and protected from erosion and contact with
						  surface water. Discharge shall be collected and treated to conform to §
													77.522 (relating to effluent
						  standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.530 - Impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
A permanent impoundment may be authorized by the
							 Department upon the basis of the following demonstration:
(1) The quality of the impounded water shall
						  be suitable on a permanent basis for its intended use, and discharge of water
						  from the impoundment will not degrade the quality of receiving waters to less
						  than the water-quality standards established under §
													77.522 (relating to effluent
						  standards).
(2) The level of water
						  shall be sufficiently stable to support the intended use.
(3) Adequate safety shall be
						  provided.
(4) Water impoundments
						  will not result in the diminution of the quality or quantity of water used by
						  adjacent or surrounding landowners for agricultural, industrial, recreational
						  or domestic uses.
(5) The size of
						  the impoundment will be adequate for its intended purposes.
(6) The impoundment will be suitable for the
						  approved postmining land use.
This section cited in 25 Pa. Code §
															77.527 (relating to sedimentation
								ponds).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.531 - Dams, ponds, embankments and impoundments-design, construction and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams,
						  ponds, embankments and impoundments shall be designed, constructed and
						  maintained in accordance with the Natural Resources Conservation Service
						  Engineering Standard # 350 --Pond-- and if applicable, Chapter 105 (relating to
						  dam safety and waterway management).
(b) A facility under subsection (a) shall be
						  designed and certified to the Department by a qualified registered professional
						  engineer, if required by Chapter 105, or qualified registered land
						  surveyor.
This section cited in 25 Pa. Code §
															77.527 (relating to sedimentation
								ponds).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.532 - Surface water and groundwater monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When noncoal mining activities may affect
						  groundwater supplies which serve as water supply sources, groundwater quantity,
						  quality and levels shall be monitored in a manner approved by the Department.
						  Monitoring shall include sufficient measurements and chemical analyses from a
						  sufficient number of wells or other sources to adequately reflect changes in
						  groundwater quantity and quality resulting from mining activities.
(b) The operator shall, when requested by the
						  Department, conduct additional hydrologic tests, including, but not limited to,
						  drilling, infiltration tests, aquifer tests, chemical and mineralogical
						  analyses of overburden and spoil, and shall submit the results to the
						  Department to demonstrate compliance with this section and
						  77.533 (relating to water rights
						  and replacement).
(c) In addition
						  to the monitoring and reporting requirements established by the Department
						  under Chapter 92a (relating to National Pollutant Discharge Elimination System
						  Permitting, Monitoring and Compliance), surface water shall be monitored to
						  accurately measure and record the water quantity and quality of the discharges
						  from the permit area and the effect of the discharge on the receiving waters
						  when requested by the Department. The Department will approve the nature of
						  data, frequency of collection, reporting requirements and the duration of the
						  monitoring programs.
This section cited in 25 Pa. Code §
															77.457 (relating to protection of
								hydrologic balance); and 25 Pa. Code §
															77.503 (relating to casing and
								sealing of drilled holes).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.533 - Water rights and replacement

Current through Register Vol. 54, No. 28, July 13, 2024
The operator of a noncoal mine which affects by
							 surface mining activities a public or private water supply by contamination,
							 interruption or diminution shall restore or replace the affected water supply
							 with an alternate source of water, adequate in quantity and quality for the
							 purpose served by the supply. For the purpose of this section, the term "water
							 supply" includes an existing source of water or facility or system for the
							 supply of water for human consumption, for agricultural, industrial or other
							 uses.
This section cited in 25 Pa. Code §
															77.231 (relating to terms and
								conditions for liability issuance); 25 Pa. Code §
															77.407 (relating to alternative
								water supply information); and 25 Pa. Code §
															77.532 (relating to surface water
								and groundwater monitoring).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.534 - Discharge of water into an underground mine

Current through Register Vol. 54, No. 28, July 13, 2024
Surface water and groundwater from noncoal mining
							 activities may not be diverted or otherwise discharged into underground coal
							 mine workings or into an underground noncoal mine unless approved as part of
							 the underground mine permit under Chapter 89 (relating to underground mining of
							 coal and coal preparation facilities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HYDROLOGIC BALANCE › Section 77.535 - Permanent postmining renovation of sedimentation ponds, diversions, impoundments and treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
At the completion of surface mining activities, the
							 permittee shall renovate the sedimentation ponds, diversions, impoundments and
							 treatment facilities that are to remain after mining to meet criteria specified
							 for permanent structures.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › PROTECTION OF UNDERGROUND MINING › Section 77.551 - Restriction

Current through Register Vol. 54, No. 28, July 13, 2024
Noncoal surface mining activities may not be
							 conducted closer than 500 feet to any point of either an active or abandoned
							 underground mine except to the extent that the nature, timing and sequence of
							 the operations that propose to mine closer than 500 feet to an active
							 underground mine are jointly approved by the Department and the Mine Safety and
							 Health Administration or by the Department in the case of an abandoned
							 underground mine within 500 feet.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › USE OF EXPLOSIVES › Section 77.561 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who conducts surface mining activities shall comply with this chapter
						  and applicable State and Federal laws in the use of explosives.
(b) Blasting operations shall be conducted by
						  or under the supervision of a competent blaster licensed and operating in
						  compliance with Chapter 210 (relating to blasters' licenses).
(c) Blasting operations shall be conducted in
						  compliance with Chapter 211 (relating to storage, handling and use of
						  explosives), except if modified by §§
													77.562 and
						  77.563 (relating to preblasting
						  surveys; and public notice of blasting schedule).
(d) The use of explosives for the purpose of
						  blasting in connection with surface mining, which has been approved under a
						  permit issued prior to March 17, 1990 shall be undertaken under the conditions
						  of the permit and Chapters 210 and 211 in lieu of the requirements of
						  §§ 77.562-77.565.
This section cited in 25 Pa. Code §
															77.102 (relating to compliance
								with existing permits); 25 Pa. Code §
															77.108 (relating to permit for
								small noncoal operations); 25 Pa. Code §
															77.453 (relating to blasting
								plan); and 25 Pa. Code §
															77.463 (relating to surface mining
								near underground mining).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › USE OF EXPLOSIVES › Section 77.562 - Preblasting surveys

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Preblasting
						  surveys will not be required if blasting is designed and conducted below the
						  levels of blasting vibration shown on Figure # 1 at the nearest dwelling,
						  school, church, commercial or institutional building neither owned nor leased
						  by the operator. If preblasting surveys are not conducted, the operator shall
						  provide a seismograph record including both the particle velocity time-history
						  (wave form) and the particle velocity and vibration frequency levels for each
						  blast.
(1) The vibration frequency shall be
						  displayed and analyzed over the frequency range of 2 Hz through 100
						  Hz.
(2) The permittee shall obtain
						  Department approval of the analytical method used to determine the predominant
						  frequency before applying this alternative criterion.
(3) If an operator who has not offered
						  preblasting surveys, blasts at a level exceeding the levels of vibration in
						  Figure #1, no additional blasting may be conducted until one of the following
						  applies:
(i) The operator meets the
						  requirements of subsections (b)-(e).
(ii) The operator demonstrates that
						  subsequent blasting will produce vibrations at levels below the levels of
						  blasting vibration shown in Figure #1.
Click to view image
Figure # 1.-Levels of blasting vibration using
							 a combination of velocity and
							 frequency.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › USE OF EXPLOSIVES › Section 77.563 - Public notice of blasting schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Blasting schedule
						  publication
.
(1) Copies of the
						  schedule shall be distributed by mail to local governments and to public
						  utilities within 1000 feet of the blasting area.
(2) A person who conducts surface mining
						  activities shall publish a blasting schedule in a newspaper of general
						  circulation in the locality of the proposed site at least 10 days before
						  beginning a blasting program in which blasts that use more than 5 pounds of
						  explosive or blasting agents are detonated.
(3) The person who conducts the surface
						  mining activities shall republish the schedule at least every 12
						  months.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › USE OF EXPLOSIVES › Section 77.564 - Surface blasting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will not permit blasting
						  to be conducted until the following requirements have been met:
(1) The blasting plan, under
						  77.453 (relating to blasting
						  plan), approved by the Department and the approved blasting plan is returned to
						  the operator.
(2) Notification of
						  completion of the requested preblasting surveys required under
						  77.562 (relating to preblasting
						  survey) is received by the Department.
(3) A copy of the proof of publication of
						  each blasting schedule, in accordance with
						  77.563 (relating to public notice
						  of blasting schedule), is received 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 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › USE OF EXPLOSIVES › Section 77.565 - Records of blasting operations

Current through Register Vol. 54, No. 28, July 13, 2024
A record of each blast shall be retained for at least
							 3 years and shall be available for inspection by the Department. Seismographic
							 reports, if applicable, shall be made a part of that record. The record shall
							 include the following data:
(1) The
						  name of the operator conducting the blast and the permit number.
(2) The location, date and time of the
						  blast.
(3) The name, signature and
						  license number of the blaster-in-charge.
(4) The direction and distance, in feet, to
						  the nearest dwelling, school, church or commercial or institutional building
						  and the property name meeting one of the following conditions:
(i) It is not located in the permit
						  area.
(ii) It is not owned or
						  leased by the person who conducts the surface 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 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › OPERATIONS › Section 77.571 - Bench development

Current through Register Vol. 54, No. 28, July 13, 2024
The height of the working face on a bench shall be
							 limited as follows:
(1) The maximum
						  height of the working face of a bench in consolidated material-other than thin
						  seam operation which will be returned to AOC-may not exceed 50 feet except as
						  follows:
(i) If topography influences the
						  height of the uppermost face, the highwall may be developed to 65
						  feet.
(ii) If geologic or safety
						  considerations require the development of a lower working face
						  height.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › OPERATIONS › Section 77.572 - Permit line setback

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Highwalls
						  shall be set back from the boundary of the area covered by a bond under §
													77.193 (relating to requirement to
						  file bond). The setback shall be of sufficient width to accomplish the
						  following:
(1) Prevent possible slumping or
						  failure at or beyond the perimeter of the permit area.
(2) Allow for the development of final
						  reclamation slopes.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › OPERATIONS › Section 77.573 - Stability analysis

Current through Register Vol. 54, No. 28, July 13, 2024
An operator shall provide a stability analysis
							 whenever he requests a waiver to develop a working face greater than 50 feet in
							 consolidated rock under §
													77.571(2)
							 (relating to bench development) or a waiver to remove lower benches on the
							 final working face, other than the removal of benches as part of the
							 reclamation slope. The stability analysis shall include, at a minimum:
(1) A stereo net analysis, or acceptable
						  equivalent analysis, of the geologic structure of the working face on which the
						  proposal is submitted.
(2)
						  Identification of manmade features within a distance equivalent to three times
						  the maximum proposed depth of the pit measured from the maximum lateral extent
						  of the final working face.
(3)
						  Other stability related information the Department may request.
This section cited in 25 Pa. Code §
															77.571 (relating to bench
								development); and 25 Pa. Code §
															77.594 (relating to final
								slopes).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › OPERATIONS › Section 77.574 - Disposal of solid wastes

Current through Register Vol. 54, No. 28, July 13, 2024
Solid wastes, including grease, lubricants, paints,
							 flammable liquids, garbage and other hazardous wastes shall be disposed or
							 stored temporarily in accordance with Article VII (relating to hazardous waste
							 management). Storage shall be of a type that fires are prevented and the area
							 remains stable and suitable for reclamation and revegetation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › OPERATIONS › Section 77.575 - Air resources protection

Current through Register Vol. 54, No. 28, July 13, 2024
Air pollution control measures shall be planned and
							 employed as an integral part of the surface mining activities and shall meet
							 the following requirements:
(1) If
						  processing facilities are to be used at the mining site, the facilities shall
						  meet the requirements of Chapters 123 and 127 (relating to standards for
						  contaminants; and construction, modification, reactivation and operation of
						  sources).
(2) Fugitive dust control
						  measures shall demonstrate compliance with Chapters 121, 123, 127 and
						  129.
This section cited in 25 Pa. Code §
															77.455 (relating to air pollution
								control plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › BACKFILLING AND GRADING › Section 77.591 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Areas disturbed after January 1, 1972 by the
							 operation shall be reclaimed by contouring, except terracing may be utilized if
							 the operator demonstrates that operation has extracted quantities of minerals
							 so that contouring cannot be achieved with the remaining overburden and waste
							 material. Other alternatives to contouring or terracing may be approved under
							 section 7(c)(2)(ii) or (iii) of the act (52 P. S. §
														3307(c)(2)(ii) or
							 (iii)).