Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter G - ANTHRACITE SURFACE MINING ACTIVITIES AND ANTHRACITE BANK REMOVAL AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES › Section 88.507 - Treatment of discharges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						for pre-existing discharges which are not encountered during mining or the
						implementation of the pollution abatement plan, the operator shall comply with
						§§
												88.92,
						88.187 and
						88.292 (relating to hydrologic
						balance: effluent standards).
(b)
						Except as provided in §
												88.510(d)
						(relating to effluent limitations), the operator shall treat the pre-existing
						discharges which are not encountered during mining or implementation of the
						pollution abatement plan to comply with the effluent limitations established by
						best professional judgment. The effluent limitations established by best
						professional judgment may not be less than the baseline pollution load. If the
						baseline pollution load when expressed as a concentration for a specific
						parameter satisfies the effluent limitations at §§
												88.92,
						88.187 and
						88.292 for that parameter, the
						operator shall treat the pre-existing discharge for that parameter to comply
						with effluent limitations established by best professional judgment or the
						effluent limitations at §§ 88.92, 88.187 and 88.292.
(c) For purposes of subsections (a) and (b),
						the term "encountered" may not be construed to mean 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 the diversions are designed, operated and maintained under
						§§
												88.95(b)-(g),
						88.190(b)-(g) and
						88.295(b)-(i)
						(relating to hydrologic balance: diversions; hydrologic balance: diversions;
						and hydrologic balance: diversions and conveyances).
(d) An operator required to treat
						pre-existing discharges will be allowed to discontinue treating the discharges
						under this section when the operator affirmatively demonstrates to the
						Department's satisfaction that:
(1) The
						pre-existing discharges are meeting the effluent limitations established by
						subsection (b) as shown by groundwater and surface water monitoring conducted
						by the operator or the Department.
(2) Surface coal mining activities under the
						permit-including the pollution abatement area-are being or were conducted in
						accordance with the requirements of the permit and the authorization, Chapter
						86 (relating to surface and underground coal mining: general) and this chapter,
						except as specifically modified by this subchapter.
(3) The operator has implemented each step of
						the pollution abatement plan as approved in the authorization.
(4) The operator did not cause or allow
						additional groundwater degradation by reaffecting the pollution abatement
						area.