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 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › BACKFILLING AND GRADING › Section 77.592 - Approximate original contour

Current through Register Vol. 54, No. 28, July 13, 2024
If a noncoal surface mine site is proposed to be
							 restored to approximate original contour, the applicant shall demonstrate that
							 the operation will restore the land affected to a condition capable of
							 supporting the uses it was capable of supporting prior to mining or to a higher
							 or better use.
This section cited in 25 Pa. Code §
															77.595 (relating to concurrent
								reclamation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › BACKFILLING AND GRADING › Section 77.593 - Alternatives to contouring

Current through Register Vol. 54, No. 28, July 13, 2024
Alternative reclamation to approximate original
							 contour may be authorized as follows:
(1) The applicant shall demonstrate that the
						  proposed operation will be carried out over a substantial period of time and
						  that the volume of mineral to be removed is large compared to the overburden to
						  restore the area to approximate original contour. The applicant shall provide a
						  description of the alternative and demonstrate that:
(i) The alternative to contouring can be
						  achieved.
(ii) The alternative
						  poses no actual or potential threat to public health or safety.
(iii) The alternative poses no actual or
						  potential threat to water diminution, contamination, interruption or
						  pollution.
(iv) The alternative is
						  consistent with applicable land use policies, plans and programs.
(v) The alternative is consistent with
						  Federal, State or local law.
(vi)
						  The alternative is the highest or best use that can reasonably be supported
						  after mining and reclamation is completed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › BACKFILLING AND GRADING › Section 77.594 - Final slopes

Current through Register Vol. 54, No. 28, July 13, 2024
Final slopes for reclamation of noncoal surface mines
							 shall conform with the following requirements:
(1) If there is sufficient overburden
						  material to achieve approximate original contour and no alternative reclamation
						  is approved under §
													77.593 (relating to alternatives
						  to contouring):
(i) The postmining slopes
						  shall approximate the premining slopes or slopes approved by the Department
						  based on consideration of soil, rock formation, climate or other
						  characteristics of the area.
(ii)
						  Final postmining slopes are not required to be uniform but shall approximate
						  the general nature of the premining topography.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › BACKFILLING AND GRADING › Section 77.595 - Concurrent reclamation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Reclamation procedures, including backfilling, grading, topsoil replacement and
						  revegetation of land that is disturbed by noncoal surface mining shall be kept
						  concurrent with the progress of the proposed operation to the greatest extent
						  possible in conformance with §§
													77.456,
						  77.592-77.594, this section, §
													77.596 and the approved
						  reclamation plan.
(b) If site
						  conditions dictate that reclamation cannot begin until mineral extraction is
						  terminated, the reasons for this delay shall be detailed in the reclamation
						  plan required under §
													77.456 (relating to reclamation
						  information).
(c) Reclamation shall
						  begin within 30 days of when mineral extraction is terminated, and be completed
						  within the period specified in the approved reclamation plan.
(d) Mineral extraction is considered to be
						  terminated when the permitted extent of the mineral reserves has been
						  extracted.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › BACKFILLING AND GRADING › Section 77.596 - Covering coal and acid-forming and toxic-forming materials

Current through Register Vol. 54, No. 28, July 13, 2024
In applicable areas, unless otherwise approved by the
							 Department, exposed coal seams, acid-forming material, toxic-forming materials
							 and combustible materials other than coal refuse shall be handled as
							 follows:
(1) The material shall be
						  buried at least 10 feet above the groundwater table and placed at a minimum of
						  5 feet above the pit floor. A layer of the material may not exceed 24 inches
						  and shall be compacted. A top layer of nontoxic spoil-minimum thickness of 4
						  feet-shall be compacted over the material.
(2) If necessary, the materials shall be
						  treated to prevent water pollution and combustion and minimize adverse effects
						  on plant growth and land uses.
(3)
						  If it is necessary to protect against upward migration of salts, exposure by
						  erosion, formation of acid or toxic seeps, to provide an adequate depth for
						  plant growth or otherwise to meet local conditions, the Department will specify
						  thicker amounts of cover using nontoxic material, or special compaction and
						  isolation from groundwater contact.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); 25 Pa. Code §
															77.529 (relating to acid-forming
								and toxic-forming spoil); and 25 Pa. Code §
															77.595 (relating to concurrent
								reclamation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.611 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Revegetation, if required, shall provide for a diverse, effective and permanent
						  vegetative cover of the same seasonal variety native to the area of land to be
						  affected and capable of self-regeneration and plant succession at least equal
						  in extent of cover to the natural vegetation of the area. Introduced species
						  may be used in the revegetation process where desirable and necessary to
						  achieve the approved postmining land use plan. Vegetative cover shall be
						  considered of the same seasonal variety when it consists of a mixture of
						  species of equal or superior utility for the approved postmining land use, when
						  compared with the utility of naturally-occurring vegetation during each season
						  of the year.
(b) Revegetation when
						  required shall provide a quick germinating, fast-growing vegetative cover
						  capable of stabilizing the soil surface from erosion.
(c) Revegetation shall be completed in
						  compliance with the plans submitted under §
													77.456 (relating to reclamation
						  information) as approved by the Department in the permit and carried out in a
						  manner that encourages a prompt vegetative cover and recovery of productivity
						  levels compatible with the approved postmining land use.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); 25 Pa. Code §
															77.515 (relatinig to nutrients and
								soil amendments); 25 Pa. Code §
															77.524 (relating to diversions and
								conveyance); 25 Pa. Code §
															77.614 (relating to agriculture
								crops); and 25 Pa. Code §
															77.632 (relating to
								restoration).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.612 - Timing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Disturbed areas
						  shall be seeded and planted when weather and planting conditions permit, but
						  the seeding and planting of disturbed areas shall be performed no later than
						  the first full normal period for favorable planting after backfilling and
						  grading.
(1) The normal periods for favorable
						  planting are:
(i) Early spring until May 30,
						  and August 10 until September 15 for permanent herbaceous species.
(ii) Early spring until May 20 for woody
						  species.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.613 - Introduced species

Current through Register Vol. 54, No. 28, July 13, 2024
The use of introduced species will be allowed if the
							 species meet the requirements of applicable State and Federal seed or
							 introduced species statutes and are not poisonous or noxious.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); and 25 Pa. Code §
															77.515 (relating to nutrients and
								soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.614 - Agriculture crops

Current through Register Vol. 54, No. 28, July 13, 2024
When the approved postmining land use is cropland,
							 the planting of agriculture crops normally grown in the general locality of the
							 permit area will satisfy the revegetation requirements of §
													77.611 (relating to general
							 requirements). If planting of the crop will be delayed, a temporary cover of
							 annual or perennial grasses or small grains shall be
							 established.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); and 25 Pa. Code §
															77.515 (relating to nutrients and
								soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.615 - Species

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Species, rates
						  and techniques of seeding and planting shall be adequate to achieve the
						  standards for successful revegetation of §
													77.618 (relating to standards for
						  successful revegetation).
(b)
						  Legume seed shall be inoculated or treated with the specific inoculate for that
						  seed, and the seed shall be seeded within 24 hours after inoculation or
						  treatment.
(c) A single tree or
						  shrub species may not comprise more than 50% of the total number of seedlings
						  planted unless alternative silviculture practices are approved.
(d) When the approved postmining land use is
						  wildlife habitat, unless alternative plans are approved or required by the
						  Department, a minimum of 75% of the land affected shall be planted with a
						  mixture of woody species which provides a diverse plant community. The
						  remaining affected area shall be planted to an approved herbaceous cover. The
						  configuration and species composition of the cover types shall be established
						  in accordance with guidelines established by appropriate State wildlife
						  agencies.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); and 25 Pa. Code §
															77.515 (relating to nutrients and
								soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.616 - Seedbed preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  soil surface shall be prepared by disking or harrowing. If soil conditions or
						  steep slopes prohibit these practices, the soil surface shall be scarified by a
						  mechanical method which will loosen the surface material. Scarification will
						  not be required if seeding is done immediately following final grading when the
						  soil is still loose.
(b) Disking or
						  harrowing shall be accomplished following or along the contours of
						  slopes.
(c) Topsoil shall be disked
						  or harrowed to a depth of at least 3 inches prior to seeding.
This section cited in 25 Pa. Code §
															77.456 (relating to reclamation
								information); and 25 Pa. Code §
															77.515 (relating to nutrients and
								soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.617 - Mulching

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mulch shall be
						  applied to regraded and topsoiled areas at rates adequate to control erosion,
						  promote germination of seeds and increase the moisture retention of the soil,
						  unless one of the following requirements are met:
(1) Seeding can be accomplished using a
						  conventional agricultural farm drill.
(2) The approved postmining land use is for
						  agricultural row crops.
(3) Annual
						  grasses or small grains will be seeded immediately following final grading
						  resulting in a quick vegetative cover which will provide adequate soil erosion
						  control.
(4) The permittee can
						  demonstrate that alternative procedures will achieve the standards for
						  revegetation success of §
														77.618 (relating to standards for
						  successful revegetation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › REVEGETATION › Section 77.618 - Standards for successful revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the approved postmining land use is
						  cropland:
(1) The standards for successful
						  revegetation shall be based upon crop productivity or yield.
(2) The approved standard shall be the
						  average yields per acre for the crop and soil type as specified in the Soil
						  Surveys of the United States Department of Agriculture Natural Resources
						  Conservation Service.
(3) The
						  productivity or yield of the mined area shall be equal to or greater than the
						  approved standard for the last two consecutive growing seasons of the 5-year
						  responsibility period established in §
														77.615 (relating to species).
						  Productivity or yield shall be considered equal if production or yield is at
						  least 90% of the approved standard.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HAUL ROADS › Section 77.631 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A haul
						  road shall be designed, constructed and maintained to prevent erosion to the
						  maximum extent possible and to prevent contributions of sediment to streams or
						  runoff outside the affected area; air and water pollution; and offsite damage.
						  Upon completion of the associated surface mining activities, the area disturbed
						  by the road shall be restored under §
													77.632 (relating to restoration)
						  unless retention of the road and its maintenance plan is approved as part of
						  the postmining land use.
(b) The
						  haul road may not be located in or within 100 feet of a perennial or
						  intermittent stream except under §
													77.504 (relating to distance
						  limitations). A crossing of a perennial or intermittent stream shall be made
						  using bridges, culverts or similar structures. Bridges, culverts or other
						  encroachment or water obstruction shall meet the requirement of Chapter 105
						  (relating to dam safety and waterway management).
(c) A road shall have a drainage system that
						  is compatible with the natural drainage system, structurally stable and which
						  will pass safely the peak flow from a 10-year precipitation event or larger
						  event if required by the Department. The drainage system shall include
						  appropriate sediment control measures as required by §
													77.525 (relating to sediment
						  control measures).
(d) Roads shall
						  be constructed on stable areas that avoid wet or unstable soils.
(e) Disturbed areas adjacent to the road
						  shall be vegetated or otherwise stabilized to prevent erosion.
(f) Acid-forming or toxic-forming material
						  may not be used for surfacing or construction of a road.
This section cited in 25 Pa. Code §
															77.466 (relating to haul
								roads).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HAUL ROADS › Section 77.632 - 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 under §
													77.462 (relating to postmining
							 land uses and alternative restoration) immediately after the road is no longer
							 needed for the associated surface mining activities the following requirements
							 shall be met:
(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) Bridges and culverts shall be
						  removed.
(4) Cross drains, dikes
						  and water bars shall be constructed to minimize erosion.
(5) Disturbed areas shall be revegetated
						  under §
													77.611 (relating to general
						  requirements).
(6) Excess material
						  and debris shall be disposed of in a manner approved by the
						  Department.
This section cited in 25 Pa. Code §
															77.466 (relating to haul roads);
								and 25 Pa. Code §
															77.631 (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 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › HAUL ROADS › Section 77.633 - 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 do not
						  require bonding or restoration by the operator; however, the bond on the permit
						  area may not be released until the common use road is left in a condition equal
						  to the condition of the road before operations began.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › CESSATION AND COMPLETION OF MINING › Section 77.651 - Temporary cessation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. Except with the express written approval of the
						  Department as provided in subsection (b), the operator shall maintain mining
						  and reclamation equipment on the site at all times, shall conduct an active
						  operation and shall conduct surface mining operations on the site on a regular
						  and continuous basis.
(b)
Application for temporary cessation
. Before temporary
						  cessation of operations, the operator shall submit a written application to the
						  Department, including a statement of the number of acres that have been
						  affected, the reason for cessation, the date on which temporary cessation is
						  anticipated and the date on which the operator anticipates that operations will
						  resume. Except as provided in subsection (c), the Department will not approve
						  the temporary cessation of an operation for a period exceeding 90 days unless
						  the cessation is due to seasonal shutdown or labor strikes.
(c)
Operations producing highway or
						  construction aggregates
. For operations producing highway or
						  construction aggregates if the temporary cessation is due to the absence of a
						  current regional market for the mineral being mined, temporary cessation may
						  not exceed 5 years.
(d)
Cessation not a release of obligations
. Temporary cessation
						  does not relieve the operator of the obligation to comply with the act, this
						  chapter, the conditions of the permit, including, but not limited to,
						  compliance with applicable 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 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › CESSATION AND COMPLETION OF MINING › Section 77.652 - Permanent

Current through Register Vol. 54, No. 28, July 13, 2024
Operations that are permanently ceased shall be
							 backfilled or closed or otherwise permanently reclaimed in accordance with this
							 chapter and the permit. Underground openings, equipment, structures or other
							 facilities not required for monitoring, unless approved by the Department as
							 suitable for the postmining land use, shall be removed and the affected land
							 reclaimed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › CESSATION AND COMPLETION OF MINING › Section 77.653 - Postmining land use

Current through Register Vol. 54, No. 28, July 13, 2024
Prior to the release of land from permit area under
							 §
													77.462 (relating to postmining
							 land uses and alternative restoration), affected areas shall be restored in the
							 manner specified in the permit application or amended
							 application.
This section cited in 25 Pa. Code §
															77.204 (relating to period of
								liability); 25 Pa. Code §
															77.243 (relating to criteria and
								schedule for release of bond); 25 Pa. Code §
															77.452 (relating to operational
								information); and 25 Pa. Code §
															77.527 (relating to sedimentation
								ponds).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › CESSATION AND COMPLETION OF MINING › Section 77.654 - Clean up

Current through Register Vol. 54, No. 28, July 13, 2024
Upon completion of mining, the operator shall remove
							 and clean up temporary unused structures, facilities, equipment, machines,
							 tools, parts or other materials, property, debris or junk that were used in or
							 resulted from the surface mining activity.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter I - ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › CESSATION AND COMPLETION OF MINING › Section 77.655 - Closing of underground mine openings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Mine openings.
(1) Upon completion of mining, a mine
						  opening, except those approved for water monitoring or otherwise managed in a
						  manner approved by the Department, shall be closed:
(i) To prevent degradation of surface waters
						  and ground-waters.
(ii) To assist
						  in returning the groundwater as near to its premining level as
						  possible.
(iii) To assist in
						  returning the hydrologic balance as near to its premining condition as
						  possible.
(iv) To ensure the safety
						  of people.
(v) To prevent access to
						  underground workings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.801 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to the issuance of general
						  permits by the Department under section 26(b) of the act (52 P. S. §
													3326(b)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.802 - Authorization for general permits

Current through Register Vol. 54, No. 28, July 13, 2024
Under this subchapter, the Department may issue general
						  permits for any category of noncoal surface mining activities if the Department
						  determines the following:
(1) The
						activities in the category are similar in nature.
(2) The activities in the category can be
						adequately regulated utilizing standardized specifications and
						conditions.
(3) The activities in
						the category, in the opinion of the Department, are more appropriately
						regulated under a general permit than under individual permits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.803 - Nature of a general permit; substitution for individual applications and permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the
						Department issues a general permit for a specified category of noncoal surface
						mining activities, persons who intend to conduct a noncoal surface mining
						activity in accordance with the specifications and conditions of the general
						permit may do so without obtaining an individual permit.
(b) The general permit sets forth the
						standardized specifications and conditions for design, operations and
						monitoring as are necessary to adequately protect life, health, property and
						the environment. The operator shall comply with the standardized specifications
						and conditions of the general permit in lieu of the requirements of Subchapters
						C, D, G, H and I.
(c) A person is
						authorized to operate under a general permit if the following apply:
(1) Activities are conducted in accordance
						with the specifications, terms and conditions of the applicable general
						permit.
(2) The operator of the
						noncoal surface mining activity complies with the registration requirements in
						the general permits, which have been established under §
													77.806 (relating to registration
						requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.804 - Contents of general permits

Current through Register Vol. 54, No. 28, July 13, 2024
A general permit at a minimum shall:
(1) Describe the category of noncoal surface
						mining activities authorized by the general permit, including any exceptions to
						that authorization.
(2) Specify the
						areas where the general permit is effective.
(3) Set forth a set of standardized
						specifications or plans for the category of noncoal surface mining activities
						or a reference to specific criteria and requirements adopted by another Federal
						or State agency which adequately regulate the category or particular aspects of
						this category.
(4) Set forth
						conditions governing the erosion controls, operations, reclamation, blasting,
						inspection and monitoring of the activities covered by the general permit as
						are necessary to assure compliance with the act and with other laws
						administered by the Department.
(5)
						Specify the registration requirements established under §
												77.806 (relating to registration
						requirements).
(6) Specify the time
						period for the Department to give written notice as to whether the registration
						application has been approved.
(7)
						Set forth registration fees, if any, and bond requirements, if any, and
						procedures for release of bond for the category covered by the general
						permit.
(8) Indicate whether the
						applicant will be required to give public notice in a newspaper of the proposed
						registration.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.805 - Procedure for issuance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may issue or modify a general permit for a category of noncoal
						mining activities and in accordance with this section.
(b) At least 30 days prior to issuance of a
						general permit, the Department will publish notice in the
Pennsylvania
						Bulletin
of intent to issue a general permit, including the text of
						the proposed general permit and the locations where standardized plans may be
						reviewed.
(c) An opportunity shall
						be provided for interested members of the public and State agencies to provide
						written comments to the Department on a proposed general permit.
(d) The Department may hold a public hearing
						on a proposed general permit for the purposes of gathering information and
						comments.
(e) General permits
						issued by the Department will be published in the
Pennsylvania
						Bulletin
at least 30 days prior to the effective date of the permits,
						as required by section 26(b) of the act (52 P. S. §
													3326(b)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.806 - Registration requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Registration requirements shall be set forth in each general permit.
(b) Registration applications at a minimum
						shall set forth:
(1) The name, address and
						surface mining operator's license number of the person responsible for the
						activities.
(2) The location of the
						activities.
(3) The name or number
						of the general permit being utilized for the activities.
(4) Information and documents to satisfy the
						requirement of §
													77.163 (relating to right of
						entry).
(5) Identification of
						ownership interests in the property including rights to the minerals.
(6) The names and addresses of the owners of
						record of surface areas contiguous to any part of the area proposed for
						authorization to operate under a general permit.
(7) A description of the proposed noncoal
						surface mining activities that demonstrates that the operation would qualify to
						operate under the general permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.807 - Change of ownership

Current through Register Vol. 54, No. 28, July 13, 2024
For an activity requiring registration under this
						  section, an amended registration shall be filed if there is a change of
						  ownership of the entity conducting 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 77 - NONCOAL MINING › Subchapter J - GENERAL PERMITS › Section 77.808 - Compliance with permit conditions, regulations and laws

Current through Register Vol. 54, No. 28, July 13, 2024
A person who operates under a general permit shall
						  maintain a valid surface mining operator's license and comply with the
						  specifications, terms and conditions of the general permit, applicable law and
						  regulations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter A - GENERAL PROVISIONS › Section 78.1 - 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, or as otherwise provided in this chapter:
Act
-The Oil and Gas Act
						  (58
						  P.S. §§
													601.101-601.605).
Attainable bottom
-The depth, approved
						  by the Department, which can be achieved after a reasonable effort is expended
						  to clean out to the total depth.
Casing seat
-The depth to which casing
						  is set.
Cement
-A mixture of materials for
						  bonding or sealing that attains a 7-day maximum permeability of 0.01
						  millidarcies and a 24-hour compressive strength of at least 500 psi in
						  accordance with applicable standards and specifications.
Cement job log
-A written record that
						  documents the actual procedures and specifications of the cementing operation.
Certified laboratory
-A laboratory
						  accredited by the Department under Chapter 252 (relating to environmental
						  laboratory accreditation).
Coal area
-An area that is underlain by
						  a workable coal seam.
Coal protective casing
-A string of
						  pipe which is installed in the well for the purpose of coal segregation and
						  protection. In some instances the coal protective casing and the surface casing
						  may be the same.
Conductor pipe
-A short string of
						  large-diameter casing used to stabilize the top of the wellbore in shallow
						  unconsolidated formations.
Conventional formation
-A formation
						  that is not an unconventional formation.
Conventional well
-
(i) A bore hole drilled or being drilled for
						the purpose of or to be used for construction of a well regulated under
						58 Pa.C.S. §§
													3201-3274 (relating to development) that is
						not an unconventional well, irrespective of technology or design.
(ii) The term includes, but is not limited
						to:
(A) Wells drilled to produce
						oil.
(B) Wells drilled to produce
						natural gas from formations other than shale formations.
(C) Wells drilled to produce natural gas from
						shale formations located above the base of the Elk Group or its stratigraphic
						equivalent.
(D) Wells drilled to
						produce natural gas from shale formations located below the base of the Elk
						Group where natural gas can be produced at economic flow rates or in economic
						volumes without the use of vertical or nonvertical well bores stimulated by
						hydraulic fracture treatments or multilateral well bores or other techniques to
						expose more of the formation to the well bore.
(E) Irrespective of formation, wells drilled
						for collateral purposes, such as monitoring, geologic logging, secondary and
						tertiary recovery or disposal injection.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter A - GENERAL PROVISIONS › Section 78.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies procedures and rules for the
						  drilling, alteration, operation and plugging of oil and gas wells, and for the
						  operation of a coal mine in the vicinity of an oil or gas well.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.11 - Permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  person may drill or alter a well unless that person has first obtained a permit
						  from the Department.
(b) No person
						  may operate a well unless one of the following conditions has been met:
(1) The person has obtained a permit under
						  the act.
(2) The person has
						  registered the well under the act.
(3) The well was in operation on April 18,
						  1985, under a permit that was obtained under the Gas Operations Well-Drilling
						  Petroleum and Coal Mining Act (52 P. S. §§
															2104,
						  2208,
						  2601 and
						  2602)
						  (Repealed).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.12 - Compliance with permit

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not drill, alter or operate an oil or
							 gas well except in accordance with a permit or registration issued under the
							 act and in compliance with the terms and conditions of the permit, this chapter
							 and the statutes under which it was promulgated. A copy of the permit shall be
							 kept at the well site during drilling or alteration of a well.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.13 - Permit transfers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						  transfer, assignment or sale of rights granted under a permit or registration
						  may be made without prior written approval of the Department. Permit transfers
						  may be denied for the reasons set forth in section 201(e)(4) and (5) of the act
						  (58
						  P. S. §
														601.201(e)(4) and
						  (5)).
(b) The Department may require the transferee
						  to fulfill the drilling, plugging, well site restoration, water supply
						  replacement and other requirements of the act, regardless of whether the
						  transferor commenced the activity and regardless of whether the transferor
						  failed to properly perform the transferor's obligations under the
						  act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.14 - Transfer of well ownership or change of address

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 30 days after the sale,
						  assignment, transfer, conveyance or exchange of a well, the new owner or
						  operator shall notify the Department, in writing, of the transfer of
						  ownership.
(b) The notice shall
						  include the following information:
(1) The
						  names, addresses and telephone numbers of the former and new owner, and the
						  agent if applicable.
(2) The well
						  permit or registration number.
(3)
						  The effective date of the transfer of ownership.
(4) An application for a well permit transfer
						  if there is a change in the well operator.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.15 - Application requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for a well permit shall be submitted on forms furnished by the
						  Department and contain the information required by the Department to evaluate
						  the application.
(b) The permit
						  application will not be considered complete until the applicant submits a
						  complete and accurate plat, an approvable bond or other means of complying with
						  section 215 of the act (58 P. S. §
														601.215), the fee in compliance with §
													78.19 (relating to permit
						  application fee schedule), proof of notification, necessary requests for
						  variance or waivers or other documents required to be furnished by law or the
						  Department. The person named in the permit shall be the same person named in
						  the bond or other security.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.16 - Accelerated permit review

Current through Register Vol. 54, No. 28, July 13, 2024
In cases of hardship, an operator may request an
							 accelerated review of a well permit application. For the purposes of this
							 section, hardship includes cases where immediate action is necessary to protect
							 public health or safety, to control pollution or to effect other environmental
							 or safety measures, and extraordinary circumstances beyond the control of the
							 operator. Permits issued shall be consistent with the requirements of the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.17 - Permit renewal

Current through Register Vol. 54, No. 28, July 13, 2024
An operator may request a 1-year renewal of a well
							 permit. The request shall be accompanied by a permit fee, the surcharge
							 required in section 601 of the act (58 P. S. §
														601.601), and an affidavit affirming that the
							 information on the original application is still accurate and complete, that
							 the well location restrictions are still met and that the surface owners, coal
							 owners and operators, gas storage operators, where the permit renewal is for a
							 proposed well location within an underground gas storage reservoir or the
							 reservoir protective area, and water supply owners within 1,000 feet have been
							 notified of this request for renewal. The request shall be received by the
							 Department at least 15 calendar days prior to the expiration of the original
							 permit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 78 - OIL AND GAS WELLS › Subchapter B - PERMITS, TRANSFERS AND OBJECTIONS › PERMITS AND TRANSFERS › Section 78.18 - Disposal and enhanced recovery well permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not drill a disposal or
						  enhanced recovery well or alter an existing well to be a disposal or enhanced
						  recovery well unless the person:
(1) Obtains
						  a well permit under §
														78.11 (relating to permit
						  requirements).
(2) Submits with the
						  well permit application a copy of the well permit, approved permit application
						  and required related documentation submitted for the disposal or enhanced
						  recovery well to the EPA under 40 CFR Part 146 (relating to underground
						  injection control program).
(3)
						  Submits a copy of a control and disposal plan for the disposal or enhanced
						  recovery well and related facilities that meets the requirements of §
														91.34 (relating to activities
						  utilizing pollutants).
(4) Submits
						  a copy of an erosion and sedimentation plan for the disposal or enhanced
						  recovery well site that meets the requirements of Chapter 102 and §
														78.53 (relating to erosion and
						  sediment control; and erosion and sedimentation control).