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 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.135 - Blasting: surface blasting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Blasting shall be conducted between
						sunrise and sunset, except that mine opening blasting conducted after the
						second blast for that mine opening may be conducted at any time of day or night
						as necessary to maintain stability of the mine opening to protect the health
						and safety of mine workers. For mine opening blasting conducted after the
						second blast, for that mine opening, the Department may approve ground
						vibration and airblast limits at a dwelling, public building, school, church or
						commercial or institutional structure, that are less stringent than those
						specified in subsection (h) if consented to, in writing, by the structure owner
						and lessee, if leased to another party.
(b) The Department may specify more
						restrictive time periods, airblast or ground vibration limits, based on public
						requests or other relevant information, according to the need to adequately
						protect the public from the adverse affects of ground vibration, airblast or
						safety hazards.
(c) Warning and
						all-clear signals shall be different in pattern, audible within a range of 1/2
						mile from the point of the blast, sounded before and after each blast. Each
						person within the permit area shall be notified of the meaning of the signals
						through appropriate instructions. These instructions shall be periodically
						delivered or otherwise communicated in a manner which can be reasonably
						expected to inform the persons of the meaning of the signals. Each person who
						conducts blasting incident to surface mining activities shall:
(1) Give sufficient warning when a blast is
						about to be fired, so that a person approaching within 500 feet of the blast
						area may be warned of the danger and be given ample time to retreat a safe
						distance from the blast area.
(2)
						Erect signs at least 500 feet from the blast areas reading: "BLAST AREA-SHUT
						OFF ALL TWO-WAY RADIOS" when electric blasting operations are located near
						highways or other public ways. The letters of these signs shall be not less
						than four inches in height on a contrasting background.
(3) Place at all entrances to the permit area
						from public roads or highways conspicuous signs which state "WARNING!
						EXPLOSIVES IN USE," which clearly explain the blast warning and all clear
						signals that are in use and which explain the marking of blasting areas and
						charged holes within the permit area.
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.136 - Blasting: near underground mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a surface mine is operating within
						500 feet of an active deep mine, the surface mine operators shall notify the
						surface mine inspector in advance of his intention to blast. The surface mine
						inspector shall, in turn, notify the deep mine inspector and together they
						shall instruct both the surface mine operator and the deep mine operator as to
						procedure.
(b) Prior to blasting,
						the surface mine operator shall give sufficient advance notice to the deep mine
						operator, superintendent or mine foreman of his intention to blast.
(c) The deep mine operator, superintendent or
						mine foreman shall remove all workmen from the mine. The surface mine operator
						shall ascertain that all workmen have been removed from the mine before
						preparations for blasting may begin.
(d) When there is a known or suspected
						connection between the deep mine and the surface mine, the operator,
						superintendent or mine foreman of the deep mine shall, after the blast, make or
						cause to be made sufficient tests to insure the absence of carbon monoxide or
						other harmful gases before allowing workmen to reenter the mine.
(e) The deep mine operator, superintendent or
						mine foreman shall make or cause to be made sufficient examinations of the deep
						mine to determine whether any other danger exists before allowing workmen to
						reenter the mine, just as other preshift examinations are made.
This section cited in 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.137 - Use of explosives: 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 and the public on
						  request. Seismographic reports, if applicable, must be made a part of that
						  record. The record must contain the following data:
(1) The name of the operator conducting the
						blast.
(2) The location, date and
						time of blast.
(3) The name,
						signature and license number of blaster-in-charge.
(4) The identification of and the direction
						and distance, in feet, to the nearest dwelling, school, church or commercial or
						institutional building if it is one of the following:
(i) Not located in the permit area.
(ii) Not owned nor 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 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.139 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.140 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.141 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.142 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.143 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.144 - Haul roads and access roads: restoration

Current through Register Vol. 54, No. 28, July 13, 2024
Unless the Department approves retention of a road as
						  suitable for the approved postmining land use in accordance with §
												88.133 (relating to postmining
						  land use), as soon as practicable after the road is no longer needed for the
						  associated surface mining activities:
(1) The road shall be physically closed to
						vehicular traffic.
(2) The road and
						adjacent slopes shall be regraded to blend with the natural contours and
						drainage pattern.
(3) All bridges
						and culverts shall be removed.
(4)
						Cross drains, dikes and water bars shall be constructed to minimize
						erosion.
(5) All disturbed areas
						shall be revegetated in accordance with §
												88.122 (relating to revegetation:
						timing).
(6) All excess material
						and debris shall be disposed of in a manner approved by the
						Department.
This section cited in 25 Pa. Code §
														88.138 (relating to haul roads and
							 access roads: general); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.145 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.146 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.147 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.148 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.149 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.150 - Common use roads

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Operators
						using common use roads to service their permit areas shall be responsible for
						maintaining the roads in a stable and safe condition throughout the life of the
						permit.
(b) Common use roads may
						not require bonding or restoration by the operator, however, the bond on the
						permit area shall not be released until the haul road is left in a condition
						equal to the condition of the road before operations began.
This section cited in 25 Pa. Code §
														88.381 (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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.181 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person who conducts bank removal and reclamation
						  surface 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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.182 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						who conducts bank removal activities shall identify the operation for the
						duration of the bank removal activities by posting and maintaining a sign which
						will be clearly visible at the junction of each activity used haul road and
						public road. The sign shall be constructed of the durable weather resistant
						material at a minimum size of 2 feet by 3 feet with a light background and
						contrasting letters and numbers of a minimum height of 1 1/2 inches that can be
						easily seen and read. The sign shall show the name, business address and
						telephone number of the person who conducts the bank removal and reclamation
						activities and the identification number of the current permit authorizing bank
						removal and reclamation activities.
(b) Groundwater and surface water monitoring
						locations and sampling points used to obtain background information shall be
						clearly marked and identified. The identification of monitoring locations and
						sampling points shall correspond with the identification used in the permit
						application. Markers used to identify monitoring locations shall be made of
						durable material. The Department may waive marking requirements in cases where
						the monitoring location or sampling point is obvious or where marking would be
						objectionable for aesthetic reasons.
The provisions of this §
														88.182 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.183 - Vegetation-supporting material: soil

Current through Register Vol. 54, No. 28, July 13, 2024
The best nontoxic and vegetation-supporting material,
						  whenever available from the operation, shall be removed, conserved and
						  redistributed for the final surface.
This section cited in 25 Pa. Code §
														86.37 (relating to criteria for
							 permit approval or denial); and 25 Pa. Code §
														88.509 (relating to criteria and
							 schedule for release of bonds on pollution abatement
							 areas).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.184 - Soil testing

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to seeding and planting soil tests shall be made
						  on the final surface using standard methods approved by the Department. Results
						  of soil tests shall be reported to 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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.185 - 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 vegetation
						requirements of §§ 88.209-88.218.
(b) Agricultural lime or 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 not less than 89% calcium carbonate. An alternate
						material of equivalent neutralizing effect may be employed.
(c) The use of fly ash and sewage sludge as
						soil amendments may be approved by the Department if demonstrated to be a
						suitable soil amendment and meet the requirements of Subpart D, Articles VIII
						and IX (relating to municipal waste; and residual waste management).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.186 - Hydrologic balance: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Bank removal and reclamation activities
						shall be planned and conducted to maximize the abatement of water pollution and
						reclamation of the land.
(b)
						Changes in water quantity and in 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) Every effort shall be made to develop
						operations in a manner that will eliminate discharge to surface waters from the
						disturbed portion of the permit area before vegetation is
						accomplished.
(d) In no case may
						the treatment requirements and effluent limitations established under §
												88.187 (relating to hydrologic
						balance: effluent standards) be violated.
(e) Each person who conducts surface mining
						activities shall conduct the mining and reclamation operation to prevent water
						pollution and, if necessary, operate and maintain the necessary water treatment
						facilities until applicable treatment requirements and effluent limitations
						established under §
												88.187 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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.187 - Hydrologic balance: effluent standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Groups of effluent
						criteria
. A person may not allow a discharge of water from an area
						disturbed by mining activities which exceeds the following groups of effluent
						criteria. The effluent limitations shall be applied under subsection (b).
Group A
Parameter
30-day Average
Daily
								  Maximum
Instantaneous Maximum
iron (total)
3.0 mg/l
6.0
								  mg/l
7.0 mg/l
manganese (total)
2.0 mg/l
4.0
								  mg/l
5.0 mg/l
suspended solids
35 mg/l
70
								  mg/l
90 mg/l
pH 
								  1
greater than 6.0; less than 9.0
alkalinity greater than acidity 
								  1
1 The
								  parameter is applicable at all times.
Group B
Parameter
Instantaneous Maximum
iron (total)
7.0 mg/l
settleable solids
0.5 ml/l
pH
greater than 6.0; less
								  than 9.0
alkalinity greater than acidity
Group C
Parameter
Instantaneous Maximum
pH
greater than 6.0; less
								  than 9.0
alkalinity greater than acidity
(b)
Effluent limitations and
						precipitation exemptions.
The effluent limitations and precipitation
						exemptions are as follows:
(1) The discharges
						specified in this subsection shall comply with the effluent limitations in this
						section:
Type of Discharge
Precipitation Event
Effluent
								  Limitations
Pit Water
all
Group A
Surface runoff from active
								  area
dry weather
Group A
less than or equal to 10yr-24hr
Group
								  B
greater than 10yr-24hr
Group C
Surface runoff from area where Stage
								  2 standards achieved
dry weather
Group A
less than or equal to 10yr-24hr
Group
								  B
greater than 10yr-24hr
Group C
All other discharges
dry
								  weather
Group A
less than or equal to 10yr-24hr
Group
								  B
greater than 10yr-24hr
Group C
(2) To be entitled to the effluent
						limitations in Group B or Group C, the permittee shall comply with §
													88.188 (relating to hydrologic
						balance: precipitation event exemption).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.188 - Hydrologic balance: precipitation event exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To establish the alternative effluent
						limitations of Group B or C in §
												88.187(a)
						(relating to hydrologic balance: effluent standards), a permittee shall
						demonstrate to the Department's satisfaction that a precipitation event has
						occurred, under the procedures in this section.
(1) The occurrence of a precipitation event
						greater than a 10-year, 24-hour precipitation event may be demonstrated by
						meeting the requirements of subsections (b)-(d) for each discharge that exceeds
						the effluent limits specified in §
													88.187, unless the permit
						specifies a more stringent water quality based effluent limitation, in which
						case no exemption will be available under this section. If the permittee
						demonstrates to the Department's satisfaction that a greater than 10-year,
						24-hour precipitation event has occurred, the permittee shall meet the effluent
						limitation enumerated as Group C in § 88.187(a).
(2) The occurrence of a precipitation event
						equal to or less than a 10-year, 24-hour precipitation event may be
						demonstrated by meeting the requirements of subsections (c) and (d) for each
						discharge that exceeds the effluent limits specified in § 88.187, unless
						the permit specifies a more stringent water quality based effluent limitation,
						in which case no exemption will be available under this section. If the
						permittee demonstrates to the Department's satisfaction that a precipitation
						event equal to or less than a 10-year, 24-hour precipitation event has
						occurred, the permittee shall meet the effluent limitations of Group B in
						§ 88.187(a).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.189 - Hydrologic balance: stream diversions

Current through Register Vol. 54, No. 28, July 13, 2024
Diversion of flow from perennial and intermittent
						  streams shall meet the requirements of Chapter 105 (relating to dam safety and
						  waterway management).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.190 - Hydrologic balance: diversions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface water and shallow groundwater
						flow from undisturbed areas which will drain into the affected area shall be
						intercepted and diverted away from the disturbed area by means of
						diversion.
(b) Diversions shall be
						designed, constructed and maintained using current engineering practices to
						pass safely the peaks 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) All soil shall be removed, stored on a
						stable site and protected against erosion and compaction until restoration of
						the diversion.
(d) Any diversion
						shall be vegetated or otherwise stabilized to prevent erosion or contributions
						of sediment to stream or runoff outside the affected area. Asphalt, concrete or
						other similar lining shall only be used when approved by the Department. Riprap
						shall be nondegradable, nonacid or nontoxic-forming rock that will not slake
						and will be free of coal, clay or shale.
(e) No diversion may be located so as to
						increase the potential for landslides or other offsite damage.
(f) Excess material shall be placed in the
						backfilling, or at an excess spoil disposal area.
(g) When no longer needed, the diversion
						shall be regraded to blend with the natural contours and drainage pattern, and
						revegetated in accordance with requirements of this subchapter.
This section cited in 25 Pa. Code §
														88.502 (relating to definitions);
							 and 25 Pa. Code §
														88.507 (relating to treatment of
							 discharges).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.191 - Hydrologic balance: sediment control measures

Current through Register Vol. 54, No. 28, July 13, 2024
Appropriate sediment control measures shall be
						  designed, constructed and maintained to:
(1) Prevent, to the extent possible,
						contributions of sediment to streamflow or to runoff outside the
						permit.
(2) Meet treatment and
						effluent limitations of §
												88.187 (relating to hydrologic
						balance: effluent standards).
(3)
						Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102
						(relating to erosion and sediment control).
This section cited in 25 Pa. Code §
														88.231 (relating to haul roads and
							 access roads: general).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.192 - Hydrologic balance: 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
						any groundwater contribution.
(b)
						Facilities and measures for treating any discharges shall be based on good
						engineering design and shall include automatic neutralization processes. The
						Department may approve a manual neutralization system if the Department finds
						that:
(1) Small and infrequent treatment is
						needed to meet effluent limitations.
(2) Timely and consistent treatment is
						ensured.
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.193 - Hydrologic balance: collection ponds within disturbed areas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Containment
						within the disturbed area or closed systems by utilization of collection ponds
						or collection areas located to facilitate the operations shall generally be the
						desired method of sediment control.
(b) The ponds or collection areas shall be
						capable of treating the runoff. Runoff shall be calculated using the Natural
						Resources Conservation Service methods.
(c) Ponds or collection areas shall be
						cleaned to provide the required capacity.
(d) Existing ponds or collection areas may
						not be eliminated before replacements are installed.
The provisions of this §
														88.193 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).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.194 - Hydrologic balance: sedimentation ponds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All surface drainage from the disturbed
						area, including areas which have been graded, seeded or planted, shall be
						passed through sediment ponds, unless the applicant can show that all runoff
						can be contained within the disturbed area.
(b) If sedimentation ponds are utilized, they
						shall be constructed before any disturbance of any area to be drained into the
						pond. The ponds shall be located as near as possible to the area to be
						disturbed and out of perennial and intermittent streams, unless approved by the
						Department. They shall be maintained until the disturbed area has been restored
						and the vegetation requirements have been met. The ponds shall meet the
						requirements of Chapter 102 (relating to erosion and sediment
						control).
(c) When possible, the
						discharge from a sedimentation basin shall be to a natural waterway and located
						to avoid additional contact with acid-forming and toxic-forming
						material.
(d) Sedimentation ponds
						shall be structurally sound and at a minimum meet the requirements of §
												88.197 (relating to hydrologic
						balance: ponds, embankments and impoundments-design, construction and
						maintenance).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.195 - Hydrologic balance: discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharge from 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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.196 - Hydrologic balance: permanent impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Permanent impoundments may be authorized by the
						  Department, upon the basis of the following demonstrations:
(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 shall not degrade the quality of receiving waters to less
						than the water quality standards established under §
												88.187 (relating to hydrologic
						balance: effluent standards).
(2)
						The level of water shall be sufficiently stable to support the intended
						use.
(3) Adequate safety and access
						to the impounded water shall be provided for proposed water users.
(4) Water impounded 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 design, construction
						and maintenance of structures shall achieve the minimum requirements are
						required by §
												88.197 (relating to hydrologic
						balance: ponds, embankments and impoundments-design, construction and
						maintenance).
(6) The size of the
						impoundment shall be adequate for its intended purposes.
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.197 - Hydrologic balance: ponds, embankments and impoundments-design, construction and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams,
						ponds, embankments and impoundments that meet the criteria of Chapter 105
						(relating to dam safety and waterway management) shall be designed, constructed
						and maintained in accordance with Chapter 105.
(b) The design, construction and maintenance
						of dams, ponds, embankments and impoundments that are not of the class of
						subsection (a) shall achieve the minimum design criteria contained in United
						States Natural Resources Conservation Service's Pennsylvania Field Office
						Technical Guide, Section IV, Standards 350 "Sediment Basin" and Standard 378,
						"Pond," as amended. In addition to the requirements in "Sediment Basin," a
						minimum static safety factor of 1.3 is required.
The provisions of this §
														88.197 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
This section cited in 25 Pa. Code §
														88.194 (relating to hydrologic
							 balance: sedimentation ponds); and 25 Pa. Code §
														88.196 (relating to hydrologic
							 balance: permanent impoundments).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.198 - Hydrologic balance: coal processing waste dams and embankments

Current through Register Vol. 54, No. 28, July 13, 2024
A dam and embankment constructed of coal processing
						  waste or intended to impound coal processing waste, shall meet the criteria
						  established by Chapter 105 (relating to dam safety and waterway management) and
						  the United States Natural Resources Conservation Service's
Pennsylvania
						  Field Office Technical Guide, Section IV, and Standard 378 "Pond,"
as
						  applicable.
The provisions of this §
														88.198 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).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.199 - Hydrologic balance: 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 bank removal and reclamation
						  activities, the person who conducts the bank removal and reclamation activities
						  shall renovate all permanent sedimentation ponds, diversions, impoundments and
						  treatment facilities to meet criteria specified in the detailed design plan for
						  the permanent structures 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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.200 - Hydrologic balance: discharge of water into an underground mine

Current through Register Vol. 54, No. 28, July 13, 2024
Surface water or groundwater from bank removal
						  activities may not be piped or channeled to 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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.201 - Hydrologic balance: groundwater monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Groundwater levels, subsurface flow and
						the quality of groundwater shall be monitored in a manner approved by the
						Department to determine the effects of bank removal and reclamation activities
						on the reclaimed lands and on the quantity and quality of water in groundwater
						systems in the permit and adjacent areas.
(b) When bank removal and reclamation
						activities may affect the groundwater systems which serve as aquifers which
						ensure the hydrologic balance of water use on or off the permit area,
						groundwater levels and groundwater quality shall be monitored. Monitoring shall
						include measurements from a sufficient number of sources and chemical analyses
						of water from aquifers that are adequate to reflect changes in groundwater
						quality and quantity resulting from those activities. Monitoring shall be
						adequate to plan for modification of coal refuse disposal activities, if
						necessary, to minimize disturbance of the prevailing hydrologic balance. At a
						minimum, total dissolved solids or specific conductance corrected to 25°C,
						pH, acidity, alkalinity, total iron, total manganese, sulfates and water levels
						shall be monitored and reported to the Department at least every 3 months for
						each monitoring location.
(c) The
						Department may require the operator to conduct additional hydrologic tests,
						including but not limited to, drilling, infiltration tests, aquifer tests,
						chemical and mineralogic analyses of overburden and spoil to demonstrate
						compliance with this section.
(d)
						The Department may require the operator to conduct monitoring and reporting
						more frequently than every 3 months, and to monitor additional parameters
						beyond the minimum specified in this section.
The provisions of this §
														88.201 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.202 - Hydrologic balance: surface water monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) 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 measure and
						record accurately the water quantity and quality of the discharges from the
						permit area and the effect of the discharge on the receiving waters. Surface
						water shall be monitored for parameters that relate to the suitability of the
						surface water for current and approved postmining land uses and to the
						objectives for protection of the hydrologic balance as set forth in §
												88.49 (relating to protection of
						hydrologic balance). At a minimum, total dissolved solids or specific
						conductance corrected to 25°C, total suspended solids, pH, acidity,
						alkalinity, total iron, total manganese, sulfates and flow shall be monitored
						and reported to the Department every 3 months for each monitoring
						location.
The provisions of this §
														88.202 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.203 - Disposal of excess spoil: bank reject material

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant shall demonstrate that the
						bank reject material can be placed and graded to AOCs or an approved alternate
						design plan, which will conform to adjacent topography and be free of any
						polluting hazards.
(b) Bank reject
						material shall be disposed of in such a manner that the area, as it is being
						backfilled, is free of voids and depressions within the dictates of sound
						engineering.
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.204 - Protection of underground mining

Current through Register Vol. 54, No. 28, July 13, 2024
Bank removal and reclamation activities may not be
						  conducted in close proximity to any point of an active underground mine, to the
						  extent that the bank removal activities could be declared a nuisance or a
						  danger to the health, safety and welfare of persons within an active
						  underground mine. All bank removal and reclamation activities shall be
						  conducted in compliance with the Pennsylvania Anthracite Coal Mine Act
						  (52
						  P. S. §§
													70-101-70-145).
This section cited in 25 Pa. Code §
														88.54 (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 88 - ANTHRACITE COAL › Subchapter C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.205 - 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 site preparation, and bank removal and
						  reclamation operation 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.
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 C - ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.206 - Grading: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless the reclamation plan provides for
						grading to AOCs it shall contain a full explanation of the conditions which do
						not permit contouring and it shall provide for terracing or grading to the
						extent that the steepest contour may not be greater than 35 degrees from the
						horizontal, with the table portion of the restored area a flat terrace without
						depressions to hold water and with adequate provision for drainage, unless
						otherwise approved by the Department.
(b) Grading material shall be placed to
						minimize adverse affects on groundwater, minimize offsite effects and to
						support the approved postmining land use.