Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter H - COAL PREPARATION ACTIVITIES › Section 89.173 - Performance standards

Current through Register Vol. 54, No. 28, July 13, 2024
Construction, operation, maintenance, modification,
						  removal and reclamation of coal preparation activities shall comply with the
						  following:
(1) Signs and markers shall
						comply with §
												89.51 (relating to signs and
						markers).
(2) Erosion and
						sedimentation shall be controlled under §§
												89.21-89.26 (relating to performance
						standards).
(3) The hydrologic
						balance shall be protected under §§ 87.102(b), 87.106, 87.107,
						87.119a, 89.52, 89.53, 89.55 and 89.57-89.60.
(4) If water from a coal preparation activity
						is discharged into a mine for treatment with the drainage from the mine, that
						mine may not be closed or sealed until the Department approves an alternate
						water handling procedure, including the necessary permit applications which
						shall be submitted to the Department within 18 months prior to the anticipated
						closure date of the mine to assure that necessary facilities and measures will
						be implemented prior to the mine closure or sealing.
(5) Stream channel diversions shall comply
						with §
												89.56 (relating to stream channel
						diversions).
(6) Disposal of
						noncoal wastes shall comply with §
												89.63 (relating to disposal of
						noncoal wastes).
(7) Fish, wildlife
						and related environmental values shall be protected under §
												89.65 (relating to protection of
						fish, wildlife and related environmental values).
(8) Support facilities required for, or used
						incidental to, the operation of the coal preparation plant shall comply with
						§
												89.67 (relating to support
						facilities).
(9) Temporary
						cessation of operations shall comply with §
												89.68 (relating to cessation of
						operations: temporary).
(10)
						Impoundments shall meet the requirements of Subchapter D (relating to
						structural requirements for impoundments), except that dams constructed of, or
						impounding, coal processing wastes shall meet the requirements of Chapter 90
						(relating to coal refuse disposal).
(11) Excess spoil, coal mine and coal
						processing wastes shall be disposed of under Chapter 90.
(12) Reclamation shall comply with
						§§
												89.81-89.90 (relating to performance
						standards).
(13) Prime farmlands
						shall be handled in accordance with the performance standards of Subchapter E
						(relating to prime farmlands).
The provisions of this §
														89.173 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); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														89.172 (relating to informational
							 requirements).