Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter F - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 87.202 - 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:
Actual improvement
-The reduction of
						  the baseline pollution load resulting from the implementation of the approved
						  pollution abatement plan; except that a reduction of the baseline pollution
						  load achieved by water treatment may not be considered as actual
						  improvement.
Baseline pollution load
-The
						  characterization of the pollution material being discharged from or on the
						  pollution abatement area, described in terms of mass discharge for each
						  parameter, including seasonal variations and variations in response to
						  precipitation events. The Department will establish in each authorization the
						  specific parameters, including, at a minimum, iron and acid loadings, it deems
						  relevant for the baseline pollution load.
Best professional judgment
-The highest
						  quality technical opinion forming the basis for the terms and conditions of the
						  treatment level required after consideration of all reasonably available and
						  pertinent data. The treatment levels shall be established by the Department
						  under sections 301 and 402 of the Federal Clean Water Act (33 U.S.C.A. §§
													1311 and
						  1342).
Best technology
-Measures and practices
						  which will abate or ameliorate, to the maximum extent possible, pollutional
						  discharges from or on the pollution abatement area. These measures include
						  engineering, geochemical or other applicable practices.
Coal remining operation
-A coal mining
						  operation at a site on which coal mining was previously conducted and where the
						  site has been abandoned or the performance bond has been forfeited.
Encountered discharge
-
(i) A pre-existing discharge intercepted in
						the course of active surface mining activities, including, but not limited to,
						overburden removal, coal extraction and backfilling, or that occurs in the pit,
						any mining-related conveyance, sedimentation pond or treatment pond.
(ii) The term does not include diversions of
						surface water and shallow groundwater flow from areas undisturbed by the
						implementation of the pollution abatement plan which would otherwise drain into
						the affected area so long as they are designed, operated and maintained in
						accordance with §
												87.105(b)-(g)
						(relating to hydrologic balance: diversions).
Pollution abatement area
-The part of
						  the permit area which is causing or contributing to the baseline pollution
						  load, which shall include adjacent and nearby areas that must be affected to
						  bring about significant improvement of the baseline pollution load, and which
						  may include the immediate location of the discharges.
Pollution abatement plan
-Best
						  management practices (BMP), including, but not limited to, the addition of
						  alkaline material, special handling plans for managing toxic and acid forming
						  material, regrading, revegetation and daylighting, that when implemented will
						  result in reduction of the baseline pollution load.
Pre-existing discharge
-
(i) Any discharge resulting from mining
						activities that have been abandoned prior to the time of a remining permit
						application.
(ii) The term includes
						a pre-existing discharge that is relocated as a result of the implementation
						BMPs in the pollution abatement plan.
Steep slope
-
(i) Any slope, including abandoned mine land
						features, above 20 degrees or a lesser slope as may be defined by the
						Department after consideration of soil, climate and other characteristics of a
						region.
(ii) The term does not
						apply to situations in which an operator is mining on flat or gently rolling
						terrain, on which an occasional steep slope is encountered and through which
						the mining operation is to proceed, leaving a plain or predominantly flat
						area.
The provisions of this §
														87.202 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); and section 1920-A
							 of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														86.252 (relating to
							 definitions).