reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS › Section 9.162 - Prevention of degradation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Protecting clean air resource areas from being degraded to the level of the
						  secondary standards will set certain limitations on future development
						  activities. In order to have an effective program to protect clean air resource
						  areas, it is necessary to establish a rational procedure for the protection of
						  environmental values in these areas.
(b) It shall be the environmental policy of
						  the Commonwealth to protect clean air resource areas by preventing the
						  significant degradation of air quality to existing federal secondary
						  standards.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS › Section 9.163 - Air quality planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Although the present strategies of the air implementation plan of the
						  Commonwealth have limited applicability for the protection of clean air
						  resources, it is essential that the planning process provide strong measures
						  for the improvement of air quality and the maintenance of clean air
						  resources.
(b) It shall be the
						  environmental policy of the Commonwealth to develop a Statewide air quality
						  implementation plan with measures to prevent significant degradation of clean
						  air resource areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS › Section 9.164 - Regulatory programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Often
						  the limitations of existing regulatory programs have not been because of weak
						  regulations but rather the inability to enforce existing regulations.
(b) It shall be the environmental policy of
						  the Commonwealth to protect clean air resource areas by maintaining a strong
						  regulatory program including the provision for adequate funding and technical
						  support.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS › Section 9.165 - Land policy planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  inherent limitations of a regulatory framework necessitates creating new
						  approaches which are not reactive to changing growth and development patterns
						  but provide for the direction of the use of the land to attain social, economic
						  and environmental goals.
(b) It
						  shall be the environmental policy of the Commonwealth in planning for future
						  growth and development to prevent the significant deterioration of clean air
						  resource areas from point and nonpoint sources of pollution.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR CLEAN AIR RESOURCE AREAS › Section 9.166 - New technologies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Further technological development may help to improve air quality while
						  allowing growth. Despite past limitations of technology to provide solutions,
						  it is essential that the development of new technologies be in an overall
						  program to protect clean air resources.
(b) It shall be the environmental policy of
						  the Commonwealth to provide additional support for developing new technologies
						  to reduce the potential for air pollution in clean air resource
						  areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR OPEN SPACE IN METROPOLITAN AREAS › Section 9.171 - Open space in metropolitan areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The protection and maintenance of
						  ecologic values in the metropolitan areas of the Commonwealth can enhance
						  environmental quality and provide a wide range of important environmental
						  values. The major environmental policy concern is the protection and
						  maintenance of these values.
(b) It
						  shall be the environmental policy of the Commonwealth to protect open space
						  lands in metropolitan areas by maintaining ecologic values and protecting the
						  social and psychological, recreational, educational and other community
						  environmental values of open space lands.
(c) The character and extent of development
						  across the Commonwealth will influence the availability and quality of open
						  space opportunities. Influence of development on open space is particularly
						  evident in the metropolitan areas of the Commonwealth where the provision of
						  open space for the protection of ecologic values and subsequent fulfillment of
						  other human needs is a significant environmental concern. The following
						  policies are necessary to protect these metropolitan open space
						  values.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR OPEN SPACE IN METROPOLITAN AREAS › Section 9.172 - Expansion of traditional concepts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Open space programs, especially in urban
						  areas, have in the past tended to emphasize needs related to high intensity
						  recreation. While recognizing the importance of these recreational uses, there
						  is a parallel need for ecologically valuable lands which are also important to
						  satisfy other human needs and maintain a high quality human
						  environment.
(b) It shall be the
						  environmental policy of the Commonwealth to recognize metropolitan open space
						  resources as lands both necessary to protect ecologic processes and necessary
						  to satisfy a wide range of human needs.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR OPEN SPACE IN METROPOLITAN AREAS › Section 9.173 - Open space protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Throughout metropolitan areas in the Commonwealth, many local and regional
						  plans have provided recreational open space areas which also perform important
						  natural functions. Some open space plans have recognized the ecologic
						  importance of open space and have provided protection to floodplains,
						  woodlands, steep slopes, and agricultural lands. As development in surrounding
						  areas increases, open space lands are subjected to intense pressures for
						  conversion to more intensive uses.
(b) It shall be the environmental policy of
						  the Commonwealth to protect existing ecologically valuable metropolitan open
						  space lands designated in local or regional plans by discouraging the
						  conversion of open space lands to more intensive uses which destroy existing
						  ecologic values.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR OPEN SPACE IN METROPOLITAN AREAS › Section 9.174 - Open space types

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Because of
						  the varying development and natural characteristics of the metropolitan areas
						  of the Commonwealth, different types of open space lands are necessary to serve
						  various human needs and support different ecologic roles. Since many types of
						  open space provide additional values depending upon the proximity to the human
						  environment, a range of open space opportunities should be readily available to
						  all citizens.
(b) It shall be the
						  environmental policy of the Commonwealth to recognize that various open space
						  lands play different ecologic roles and serve different recreational purposes
						  by encouraging and supporting the availability of a wide range of open space
						  types to the citizens of the Commonwealth
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR OPEN SPACE IN METROPOLITAN AREAS › Section 9.175 - Land planning and coordination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The rapid growth and development occurring in metropolitan areas is continually
						  creating more pressures on existing open space for both greater recreational
						  utilization and conversion to nonopen space land uses. In order to reduce these
						  pressures, the development of coordinated State, regional and local open space
						  planning is necessary. The development of open space plans respecting ecologic
						  values is dependent on a broad, orderly land use planning program which
						  incorporates a concern for environmental values. Within this program the
						  assessment of natural resource values, capabilities, and constraints to
						  particular land use configurations may provide the identification of ecologic
						  values to be protected in open space lands.
(b) It shall be the environmental policy of
						  the Commonwealth to ensure the protection of metropolitan open space by
						  encouraging coordinated land use planning which respects the natural
						  capabilities and limitations of the land.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › GEOLOGIC AREAS WITH DEVELOPMENT RESTRAINTS › Section 9.181 - Landslide prone areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Landslides
						  are unique natural phenomena associated with particular regions of the
						  Commonwealth. In many areas, urban land use and development activities have
						  increased the potential for landslides. In areas where landslide potential is
						  ignored, landslides may cause environmental pollution and other environmental
						  degradation.
(b) It shall be the
						  environmental policy of the Commonwealth to prevent hazards to human life and
						  property and degradation to the environment resulting from landslide
						  occurrences.
(c) Because of the
						  site specific character of landslides and lack of Com- monwealth policies,
						  primary responsibility for landslide problems presently rests with local
						  governments. The following policies will provide better coordination for
						  Commonwealth programs and assist local planning programs in areas susceptible
						  to landslides.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › GEOLOGIC AREAS WITH DEVELOPMENT RESTRAINTS › Section 9.182 - Land use planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Although certain regions of the Commonwealth have particular geologic
						  formations associated with landslide activity, the events leading to a
						  landslide incident characteristically are site specific in nature. Effective
						  programs to prevent landslides, control environmental pollution, and reduce
						  property damages resulting from landslides shall be developed within an
						  environmentally sensitive land planning program at the local level. State
						  action may support local and regional programs and provide technical assistance
						  related to landslide problems.
(b)
						  It shall be the environmental policy of the Commonwealth to encourage the
						  development of local and county land planning and regulatory programs which
						  consider the cumulative effects of land use and development activities upon
						  landslide susceptibility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › GEOLOGIC AREAS WITH DEVELOPMENT RESTRAINTS › Section 9.183 - Coordination of State programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Currently the Commonwealth has no program responsibility related to landslide
						  problems. However, the Commonwealth administers numerous programs which may
						  encourage future growth and development in areas potentially vulnerable to
						  landslides. The coordination of these programs to recognize landslide problems
						  may strengthen local planning efforts to protect the environment and reduce
						  property damages in areas vulnerable to landslides.
(b) It shall be the environmental policy of
						  the Commonwealth to coordinate existing State plans and programs discouraging
						  development where environmentally sensitive controls are lacking and supporting
						  local planning which identifies and controls landslide problems.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › GEOLOGIC AREAS WITH DEVELOPMENT RESTRAINTS › Section 9.184 - Consumer protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  many instances, development in landslide prone areas has taken place years
						  prior to the recognition of landslide vulnerability. When landslide activity
						  damages property, property owners usually bear the responsibility for remedial
						  measures. Programs to assist or alleviate remedial burdens combined with
						  advanced warning of landslide potential are necessary to protect
						  consumers.
(b) It shall be the
						  environmental policy of the Commonwealth to encourage the development of
						  remedial assistance programs for owners of property damaged by landslides in
						  municipalities having landslide controls and to assure the adequate disclosure
						  of landslide potential in official plans and land transactions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE GEOLOGY › Section 9.191 - Areas with carbonate geology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Carbonate areas are found extensively
						  throughout the Commonwealth and contain many diverse environmental values. The
						  overall environmental concern in these areas is protecting the environmental
						  importance of carbonate terrain.
(b) It shall be the environmental policy of
						  the Commonwealth to recognize the environmental significance of areas with
						  carbonate geology and protect the ecologic, recreational, and soil, mineral,
						  and water resource values of carbonate areas.
(c) The ecological importance and existence
						  of valuable resources in carbonate areas is of Statewide concern. Uncontrolled
						  land use and development may increase the potential for environmental hazards
						  and preempt the utilization of resources. The lack of comprehensive
						  Commonwealth programs to deal with problems associated with carbonate areas
						  reinforces the need for the following policies.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE GEOLOGY › Section 9.192 - Groundwater protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Due to
						  the natural characteristics of carbonate terrain, groundwater contamination is
						  a serious problem. Solution channels in carbonate formations can carry
						  contaminated groundwater rapidly over large areas with little purification or
						  filtration. Since many of the high yield aquifers of the Commonwealth are in
						  areas with carbonate geology, the potential for groundwater contamination is a
						  Statewide concern.
(b) It shall be
						  the environmental policy of the Commonwealth to prevent the contamination of
						  aquifers in carbonate rock formations by discouraging land use and development
						  activities which may threaten groundwater quality.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE GEOLOGY › Section 9.193 - Resource utilization

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Carbonate areas contain many valuable environmental resources including
						  productive soils, extensive mineral deposits and significant groundwater
						  resources. Because of the interrelationships existing in carbonate terrain,
						  uncontrolled development and improper resource utilization may lower the
						  utility or destroy the values of other resources. It may be many years before
						  land use and resource management plans become sensitive to the benefits and
						  problems associated with the various uses of carbonate resources. The range of
						  options available for the future utilization of these resources will be
						  determined by the degree of action taken to protect the character of carbonate
						  areas prior to the development of comprehensive resource management
						  plans.
(b) It shall be the
						  environmental policy of the Commonwealth to encourage open space land uses in
						  carbonate areas to prevent the loss of resources and other environmental values
						  by uncontrolled growth and development.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE GEOLOGY › Section 9.194 - Land policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  prevention of environmental pollution and protection of resource values in
						  carbonate areas will require planning and regulatory controls which transcend a
						  single concern for soils, water or minerals. In the long term, the
						  encouragement of open space uses of carbonate areas may change to reflect the
						  need for more intensive uses of specific resources. In order to evaluate the
						  changing resource demands, protect environmental values, and prevent
						  environmental hazards in carbonate terrain, environmentally sensitive land
						  policy planning programs are needed at all levels of government.
(b) It shall be the environmental policy of
						  the Commonwealth to protect resource values and prevent environmental hazards
						  in carbonate areas by supporting local, county, regional and State land
						  planning efforts which minimize adverse environmental impacts of land use and
						  resources management activities in carbonate terrain.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter B - POLICIES FOR CRITICAL ENVIRONMENTAL AREAS › ENVIRONMENTAL POLICIES FOR AREAS WITH CARBONATE GEOLOGY › Section 9.195 - Consumer protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Groundwater contamination, flooding and surface collapse frequently cause
						  property damage or create hazards to property owners in carbonate areas. The
						  proper selection of development sites in carbonate terrain that recognize the
						  natural conditions and potential environmental hazards may minimize existing
						  problems and prevent the occurrence of new property damage or health
						  hazards.
(b) It shall be the
						  environmental policy of the Commonwealth to protect consumers and property
						  owners in carbonate areas by requiring adequate disclosure of existing damages
						  or potential hazards which are characteristically associated with carbonate
						  terrain.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter C - POLICY IMPLEMENTATION › Section 9.201 - Implementing policies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						policies for critical environmental areas begin to provide an ecologically
						sensitive framework for resolution of complex environmental problems. Although
						the critical area policy may be at times in conflict with other social and
						economic priorities, the Master Planning program recognizes that the policies
						are not the sole determinant guiding Commonwealth actions nor are they
						self-executing in nature. For these reasons there must be a well-designed
						implementation effort as a part of the Master Planning program for resolving
						conflicts and balancing priorities to ensure that the policies are translated
						into effective measures for guiding future Commonwealth actions.
(b) Implementation of the critical area
						policies is not solely a responsibility of the Department of Environmental
						Protection or other Commonwealth agencies. The Environmental Master Plan is an
						environmental policy planning program for the Commonwealth, and effective
						implementation of the policies must extend beyond the concerns of Commonwealth
						agencies. If the Environmental Master Planning program is to be successful, the
						implementation of critical areas policies must be a responsibility shared by
						State, regional, county and municipal agencies. A shared responsibility
						throughout all levels will result in more specific implementation proposals,
						greater policy evaluation and refinement, and a general strengthening of the
						overall implementation effort.
(c)
						Without this commitment to a determined implementation program, the critical
						area policies will have limited impact for guiding change. Therefore, it will
						be necessary to develop an action program for policy implementation as an
						integral part of the Environmental Master Plan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter C - POLICY IMPLEMENTATION › Section 9.202 - Implementation strategies-a continuing board responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The adoption of the policies for critical
						environmental areas by the Environmental Quality Board establishes a broad
						policy framework to guide future Commonwealth actions and is an important step
						in response to the legislative mandate to prepare the Environmental Master
						Plan. Since the policies are not self-implementing, adoption by the Board also
						creates a responsibility for the Environmental Quality Board to propose
						recommendations for effective policy implementation.
(b) Implementation proposals by the
						Environmental Quality Board will identify the necessary roles and
						responsibilities of the Governor, the Legislature, Commonwealth agencies,
						regional agencies, county and municipal governments, and the citizens of the
						Commonwealth. Because the critical area policies do not automatically put in
						place regulatory restraints or change existing statutory authorities, it is
						essential that recommendations for implementation address the resolution of
						existing policy conflicts and the balancing of other socioeconomic priorities.
						Through this process, policies can be implemented by changes to laws,
						regulations, or programs throughout all levels of government while providing an
						opportunity for public participation and review.
(c) Underlying all implementation proposals
						by the Board is a responsibility to communicate continually the fundamental
						principles of the environmental ethic and use all available education programs
						to provide an increased understanding and respect for the environment by the
						citizens of the Commonwealth. Without this understanding of environmental
						interrelationships, there will never be adequate public support to provide the
						basis for a successful implementation program.
(d) In addition to proposing implementation
						strategies, the most significant Board responsibility related to implementation
						is to monitor and review recommended actions and specific program changes
						designed to implement the critical area policies. This continuing
						responsibility is particularly important for implementation of the Master Plan
						because it provides the Environmental Quality Board an opportunity to ensure
						the following:
(1) Public review and
						participation has accompanied program changes to implement policies.
(2) Policies are being adequately studied and
						considered as a part of the Commonwealth decision-making process.
(3) Interpretation of policies is consistent
						with the purpose for which they were adopted.
(4) Policies are periodically reviewed, and
						recommendations are made where changes are necessary.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.311 - Natural areas policy statement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It
						  shall be the environmental policy of the Commonwealth to protect the
						  scientific, educational, aesthetic and environmental values of natural areas
						  and to see that the biologic, ecologic, geologic and physical attributes of the
						  natural areas are held in trust for the benefit of present and future
						  generations.
(b) The fruition of
						  this intent to protect natural areas requires a further articulation of an
						  overall course to guide public and private decisions and actions relative to
						  natural areas. The policy recommendations set forth in these §§
													9.312-9.317 (relating to policies for
						  natural areas) reflect Statewide natural area needs and the major issues and
						  problems obstructing their identification, designation, protection and
						  management.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.312 - Natural areas having statewide significance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There is an increasing concern at the
						  Federal and State government levels and in the public and private sectors to
						  preserve components of our natural heritage. A multitude of agencies,
						  organizations and groups in this Commonwealth have acquired and secured a
						  variety of land in which natural processes are allowed to predominate, commonly
						  referred to as natural areas.
(b)
						  Generally, there has been a limited effort to distinguish the relative
						  importance that these areas may possess in completing a composite of natural
						  areas having Statewide significance. While working is continuing on the
						  identification or evaluation of such factors as quality, size, uniqueness, or
						  diversity to distinguish those natural areas having Statewide significance,
						  there is no overall direction to assist agencies and organizations to identify
						  and acquire additional areas of Statewide significance, nor does there exist
						  the means of fully protecting these areas for perpetuity.
(c) A meaningful and effective Statewide
						  system of natural areas can only be attained through the cooperation and
						  coordination of ongoing government and nongovernment activities. Therefore, it
						  shall be the Environmental Policy of the Commonwealth to actively promote and
						  utilize public, quasi-public, and private efforts to identify, designate,
						  protect and manage natural areas having Statewide significance.
This section cited in 25 Pa. Code §
															9.311 (relating to natural areas
								policy statement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.313 - Natural areas having regional and local significance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Not all lands designated as natural areas
						  are of Statewide importance. Programs at the regional and local levels are
						  instrumental in the development of an overall Commonwealth effort to protect
						  elements of our natural heritage.
(b) The success of subState programs to
						  identify, designate and preserve natural areas will depend upon State
						  initiatives to help public and private agencies at the regional and local level
						  to attain natural area goals and objectives. Therefore, it shall be the
						  Environmental Policy of the Commonwealth to provide leadership and support in
						  the identification, designation, and protection of natural areas of less than
						  Statewide importance.
This section cited in 25 Pa. Code §
															9.311 (relating to natural areas
								policy statement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.314 - Rare, threatened, and endangered species

Current through Register Vol. 54, No. 28, July 13, 2024
A comprehensive Statewide natural areas program to
							 identify, protect and preserve elements of natural diversity must include a
							 consideration for those areas containing rare, threatened or endangered plant
							 or animal species. In recent years there has been a growing concern to identify
							 these species, regulate their use, and maintain habitat conditions necessary
							 for their survival. Most of the effort has been focused on those species of
							 national significance listed in the Federal Register. The realization of a
							 sound, comprehensive, Statewide natural areas system will require increased
							 involvement and concern by the Commonwealth to strengthen State activities
							 concerning rare, threatened, and endangered species of Statewide importance.
							 Therefore, it shall be the Environmental Policy of the Commonwealth to continue
							 to identify and protect the rare, threatened, and endangered species of this
							 Commonwealth and to intensify efforts to protect and maintain the habitats of
							 these species.
This section cited in 25 Pa. Code §
															9.311 (relating to natural areas
								policy statement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.315 - Research

Current through Register Vol. 54, No. 28, July 13, 2024
One of the highest uses for which natural areas are
							 best suited is scientific research. Natural areas are valuable as environmental
							 baseline areas to be used in monitoring long-term environmental changes, as
							 outdoor laboratories for furthering knowledge and understanding of complex
							 ecological processes, and as a basis for evaluating resource management
							 practices and techniques. Research activities in natural areas also will
							 provide useful information necessary for the development of natural area
							 protection and management strategies. Therefore, it shall be the Environmental
							 Policy of the Commonwealth to encourage natural area research for better
							 understanding impacts of man's activities on the environment and for guiding
							 the protection and management of natural areas.
This section cited in 25 Pa. Code §
															9.311 (relating to natural areas
								policy statement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.316 - Biological survey

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A firm
						  understanding of the natural history of this Commonwealth is an important
						  component in the development and maintenance of a Statewide system of natural
						  areas. Without it, the assessment of what is unique, rare, unusual, endangered
						  or threatened becomes difficult and more subjective than objective. Information
						  as to the Statewide distribution of presettlement vegetation and wildlife and
						  changes which periodically have taken place since then forms an important
						  component of the natural history of this Commonwealth.
(b) Sources that would begin to form an
						  overall composite of the flora and fauna of this Commonwealth exist, but little
						  has been done to consolidate these sources and to fill those voids where
						  information is needed. Therefore, it shall be the Environmental Policy of the
						  Commonwealth to undertake and maintain a biological survey of this Commonwealth
						  to ascertain the composition and distribution of plants and animals in this
						  Commonwealth.
This section cited in 25 Pa. Code §
															9.311 (relating to natural areas
								policy statement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article I - Administrative Provisions › Chapter 9 - ENVIRONMENTAL MASTER PLAN › Subchapter D - POLICIES FOR NATURAL AREAS › POLICIES FOR NATURAL AREAS › Section 9.317 - Future development

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Natural areas often represent those remnant portions of this Commonwealth least
						  impacted by human activities. In relationship to the entire State, these areas
						  represent a relatively small acreage and are usually located in the more remote
						  regions. As such, they are most likely to share the surrounding environs with
						  large scale development activities such as timber harvesting, strip mining,
						  dams and reservoirs or energy complexes.
(b) Many of the potential conflicts between
						  these opposing uses of the land can be resolved early in the planning stages if
						  the value of natural areas is recognized within institutional mechanisms at the
						  State and local level and by industry and other private concerns. Therefore, it
						  shall be the Environmental Policy of the Commonwealth to promote
						  environmentally sensitive land and water planning throughout all levels of
						  government and in the private sector to ensure the protection of natural
						  areas.
This section cited in 25 Pa. Code §
															9.311 (relating to natural areas
								policy statement).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › PRELIMINARY PROVISIONS › Section 13.1 - Background

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The provisions
						of 30 U.S.C.A. §
													1252(c) require that coal
						mining operations meet specified initial performance standards. In addition,
						30 U.S.C.A. §
													1252(c) specifically
						requires that permits for coal mining operations ("Permits")-including surface
						coal mining, underground coal mining and coal processing, and waste disposal
						operations-contain conditions requiring compliance with the initial performance
						standards.
(b) The United States
						Department of the Interior has published final rules and regulations governing
						the initial regulatory program under
						30 U.S.C.A. §§
													1201-1328, including initial
						performance standards. These rules and regulations were published on December
						13, 1977, at 42 FR 62639.
(c) The
						provisions of 30 U.S.C.A.
						§§
													1252(c) require
						new coal mining operations to comply with the initial performance standards by
						February 3, 1978 and existing coal mining operations to comply with the initial
						performance standards by May 3, 1978.
(d) The intent of
						30 U.S.C.A. §§
													1201-1328 and the position taken by the
						United States Department of the Interior based on that act, is that the states
						should require compliance with the initial performance standards in cooperation
						with the Federal government.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › PRELIMINARY PROVISIONS › Section 13.2 - Action

Current through Register Vol. 54, No. 28, July 13, 2024
In order to implement and enforce the initial
						  performance standards, the Department will take the following actions. Nothing
						  in this policy statement shall be deemed to prevent the Department from
						  imposing more stringent requirements where appropriate in specific
						  cases.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › POLICY › Section 13.11 - Applications received by the Department by January 13, 1978

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Permit applications which are complete
						and technically accurate and which were received by the Department by January
						13, 1978, will be processed without requiring additional information from the
						applicant. In these cases, the Department will require compliance with the
						initial performance standards by May 3, 1978-the date when existing operations
						shall meet the initial performance standards. Permits issued by the Department
						under this section on or after February 3, 1978, will contain a condition
						notifying the permit recipients that, as of February 3, 1978, they are subject
						to the provisions of 30
						U.S.C.A. §§
													1201-1328 and
						to Federal enforcement action if they fail to meet the initial performance
						standards published at 42 FR 62639. These permits will also contain a condition
						requiring that the applicant provide additional information to demonstrate
						compliance with the initial performance standards by May 3, 1978.
(b) A permit application which was received
						by the Department by January 13, 1978, but which was not complete or
						technically accurate will be returned to the applicant and treated as if it was
						received after January 13, 1978. This subsection also applies without
						limitation to permits denied by the Department but which subsequently may be
						issued or ordered to be issued on or after February 3, 1978.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › POLICY › Section 13.12 - Applications received by the Department after January 13, 1978

Current through Register Vol. 54, No. 28, July 13, 2024
A permit application received by the Department after
						  January 13, 1978, shall demonstrate that the applicant will comply with the
						  initial performance standards. Therefore, an application which fails to include
						  the demonstration will be returned to the applicant with a request that he
						  provides the required additional information. The Department will enforce the
						  initial performance standards for these operations beginning on February 3,
						  1978.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › POLICY › Section 13.13 - All mining operations

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will require that mining operations
						  which are or will be in operation on or after May 3, 1978, and which have not
						  previously demonstrated their compliance with the initial performance
						  standards, must demonstrate that they will comply with the initial performance
						  standards. The Department will enforce the initial performance standards for
						  these operations beginning on May 3, 1978.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › POLICY › Section 13.14 - Prime farmlands and environmentally sensitive area requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit issued
						by the Department after August 3, 1977, for operations which are subject to the
						prime farmlands requirements of
						30 U.S.C.A. §§
													1257(b)(16),
						1260(d)(1) and
						1265(b)(7) or the
						environmentally sensitive area requirements of
						30 U.S.C. §
													1272(e), or both, will
						require compliance with those sections, including the rules and regulations
						issued thereunder.
(b) Those
						sections were effective on the date
						30 U.S.C.A. §§
													1201-1328 went into effect-August 3,
						1977.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 13 - COMPLIANCE WITH THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977 › POLICY › Section 13.15 - Problems

Current through Register Vol. 54, No. 28, July 13, 2024
The appropriate program bureau of the Department should
						  be contacted if there are questions regarding the status of an
						  application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 14 - POLICY FOR EMERGENCY MINE SUBSIDENCE RELIEF › PRELIMINARY PROVISIONS › Section 14.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
Act 136 of November 8, 1971, provides grants and loans
						  to persons (homeowners) suffering damage to their dwellings due to subsidence
						  caused by underground mining when the Governor finds that the damage
						  constitutes a mine subsidence emergency and makes unused funds available for
						  that purpose.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart A - Preliminary Provisions › Article II - Statements of Policy › Chapter 14 - POLICY FOR EMERGENCY MINE SUBSIDENCE RELIEF › PRELIMINARY PROVISIONS › Section 14.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  chapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Eligible homeowner
-A person whose
						  dwelling, which he owns and in which he lives, has been damaged by mine
						  subsidence sufficient to cause a mine subsidence emergency, and whose property
						  is not otherwise insured against the total loss incurred and for whom the
						  relief is not available through other State or Federal programs.
Mine subsidence emergency
-A condition
						  in which a sudden or unexpected movement of the earth under or near a dwelling
						  caused by mine subsidence creates damage to the structural integrity of the
						  dwelling sufficient to make the structure unsafe for
						  occupancy.