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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › PERFORMANCE STANDARDS › Section 89.25 - Discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharges from erosion and sedimentation control
							 structures shall be controlled by energy dissipators, riprap channels or other
							 devices, when necessary, to prevent accelerated 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.
This section cited in 25 Pa. Code §
															89.173 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter A - EROSION AND SEDIMENTATION CONTROL › PERFORMANCE STANDARDS › Section 89.26 - Roads

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As used in this
						  section, "road" means a surface right-of-way for purposes of travel by land
						  vehicles used in coal exploration or underground mining activities. A road
						  consists of the entire area within the right-of-way, including the roadbed,
						  shoulders, parking and side area, approaches, structures, ditches, surface and
						  contiguous appendages necessary for the total structure. The term includes
						  access and haul roads constructed, used, reconstructed, improved or maintained
						  for use in coal exploration or underground mining activities, including use by
						  coal-hauling vehicles leading to transfer, processing or storage areas. The
						  term includes pioneer or construction roadways used for part of the road
						  construction procedure and promptly replaced by a road located in the identical
						  right-of-way as the pioneer or construction roadway.
(b) The operator shall design, construct or
						  reconstruct, utilize and maintain roads and restore the area to meet the
						  requirements of this section and to control or minimize erosion and
						  sedimentation, air and water pollution, and damage to public or private
						  property. Haul roads shall be surfaced with material sufficiently durable for
						  the anticipated volume of traffic and the weight and speed of vehicles using
						  the road. Acid or toxic-forming material may not be used for surfacing or
						  construction of a road.
(c) Using
						  the best technology currently available, roads shall be designed, constructed
						  and maintained so that they do not cause damage to fish, wildlife and related
						  environmental values and do not cause additional contributions of suspended
						  solids to streamflow or to runoff outside the permit area. The contributions
						  may not be in excess of limitations of State or Federal law.
(d) Roads shall be removed and the affected
						  land regraded and revegetated in accordance with §
													89.90 (relating to restoration of
						  roads) unless:
(1) Retention of the road is
						  approved as part of the approved postmining land use or as being necessary to
						  control erosion adequately.
(2) The
						  necessary maintenance is assured.
(3) Drainage is controlled according to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.31 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include an operation plan which
							 describes the operation of the mine and related surface areas. The operation
							 plan shall include, at a minimum, the information required in this subchapter
							 and shall, at a minimum, be designed and implemented to achieve the performance
							 standards set forth in 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.32 - General description of the underground mining activities

Current through Register Vol. 54, No. 28, July 13, 2024
The operation plan shall include a general narrative
							 statement which succinctly describes:
(1) The type and method of coal mining used
						  in existing areas of the mine and to be used in unmined areas of the
						  mine.
(2) The major equipment to be
						  used during mining operations.
(3)
						  The coal seams to be mined, the anticipated annual tonnage and acres of coal to
						  be mined.
(4) The existing and
						  anticipated surface facilities which support the mining operation including
						  airways, manways, boreholes, treatment plants, storage areas, disposal areas,
						  preparation plants, tipples and transportation facilities.
(5) The estimated life of the mine.
(6) The history of existing areas of the mine
						  including the year the mine was opened, and water problems encountered during
						  mining.
(7) The extent, type and
						  seam or mineral of adjacent abandoned or active mines.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.33 - Geology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operation
						  plan shall include a description of the areal and structural geology in the
						  permit and adjacent area, including the lithology of the strata that influence
						  the occurrence, availability, movement and quality of groundwater that may be
						  affected by the underground mining activities.
(1) For lands within the proposed permit and
						  adjacent areas and over the coal seam to be mined, the description shall
						  include the results of test borings, coal samplings and the stratum immediately
						  beneath the coal seam to be mined, and overlying strata. When an aquifer or
						  existing deep mine below the lowest coal to be mined may be affected, the
						  description shall also include the aquifer or existing deep mine and overlying
						  strata. For mines not underlain by existing deep mines and greater than 200
						  feet (60.96 meters) below surface drainage, the description need only include
						  the strata down to and including the stratum immediately below the coal seam to
						  be mined. At a minimum, the description shall include:
(i) The location and quality of
						  groundwater.
(ii) The depth,
						  lithology and structure of overburden strata.
(iii) Coal seam thickness.
(iv) Chemical analysis for pollution-forming
						  materials of the stratum immediately above and the stratum immediately below
						  the coal seam to be mined.
(v)
						  Chemical analyses for pollution-forming materials of the coal seam including
						  the sulfur content.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.34 - Hydrology

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operation
						  plan shall contain premining or baseline hydrologic information representative
						  of the proposed permit, adjacent and general areas.
(1) Groundwater information shall include:
(i) The results of a groundwater inventory of
						  existing wells, springs and other groundwater resources, providing information
						  on location, ownership, quality, quantity, depth to water and usage for the
						  proposed permit area and adjacent area. Information on water availability,
						  occurrence and alternative water supplies shall be emphasized and water-quality
						  information relating to suitability for existing premining uses shall be
						  provided. At a minimum, water quality descriptions shall include total
						  dissolved solids or specific conductance corrected to 25°C, pH, total iron,
						  total manganese, alkalinity, acidity and sulfates.
(ii) Other information on the baseline
						  hydraulic and hydrogeologic properties of the groundwater system shall be
						  included with the application. Information on indicator parameters, such as
						  pumping test, lithologic and piezometer data or other appropriate information
						  shall be provided in the application.
(iii) A groundwater monitoring plan under
						  §
															89.59 (relating to surface water
						  and groundwater monitoring). The plan shall logically relate to the analysis of
						  the baseline information and the prediction of the probable hydrologic
						  consequences of mining and reclamation required by §
															89.35 (relating to prediction of
						  the hydrologic consequences). The plan shall identify monitoring locations and
						  sampling frequency. Water availability, including water levels and yields, and
						  approximate overallrecharge protection shall be emphasized. The plan shall
						  provide for monitoring the minimum group of parameters in §
															89.59, plus additional parameters
						  that relate to the suitability of the groundwater for current and approved
						  postming land uses, the protection of the hydrologic balance and locally
						  potential problem causing conditions at or near the mine
						  site.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.35 - Prediction of the hydrologic consequences

Current through Register Vol. 54, No. 28, July 13, 2024
The operation plan shall include a prediction of the
							 probable hydrologic consequences of the proposed underground mining activities
							 upon the quantity and quality of groundwater and surface water within the
							 proposed permit, adjacent and general areas under seasonal flow conditions, and
							 whether underground mining activities may result in contamination, diminution
							 or interruption of any water supplies within the permit or adjacent area. The
							 prediction shall be prepared by a qualified hydrologist or engineer. The
							 probable hydrologic consequences determination shall emphasize the anticipated
							 responses of groundwater and surface water flow, its rate, direction and
							 quality and quantity to the proposed underground mining activities. The
							 prediction shall be based on baseline data collected at the proposed mine site
							 or data statistically representative of the site or a combination of both. The
							 prediction required by this section may be developed using modeling techniques,
							 but the Department may require verification of any models.
This section cited in 25 Pa. Code §
															86.81 (relating to program
								services); and 25 Pa. Code §
															89.34 (relating to
								hydrology).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.36 - Protection of the hydrologic balance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operation plan shall describe, with
						  appropriate maps and cross sections, the measures to be taken to ensure the
						  protection of the hydrologic balance and to prevent adverse hydrologic
						  consequences. The measures shall address:
(1)
						  The quality and quantity of surface and groundwater within the proposed permit
						  and adjacent areas.
(2) The rights
						  of present users to surface and groundwater.
(3) The control of surface and groundwater
						  drainage into, through and out of the permit area.
(4) The treatment, when required, of surface
						  and groundwater drainage from the permit area, and proposed quantitative limits
						  on pollutants in discharges as provided in §
														89.52 (relating to water quality
						  standards, effluent limitations and best management
						  practices).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.37 - Existing structures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operation plan shall contain a description of each existing structure proposed
						  to be used in connection with or to facilitate the mining operation. The
						  description shall include the following:
(1)
						  Location.
(2) Current
						  condition.
(3) A demonstration that
						  the structure is in compliance with the performance standards of this
						  chapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.38 - Archaeological and historical resources, public parks and publicly-owned parks

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operation
						  plan shall describe and identify the nature of archaeological, cultural and
						  historic resources listed on or eligible for listing on the National Register
						  of Historic Places and known significant archaeological or cultural sites and
						  public parks within the proposed permit area and adjacent area. The description
						  shall be based on available information, including, but not limited to, data of
						  State and local archaeological, historical and cultural preservation agencies.
						  The Department may require the applicant to identify and evaluate important
						  historic and archaeological resources that may be eligible for listing on the
						  National Register of Historic Places, through one or more of the following:
(1) The collection of additional
						  information.
(2) The conducting of
						  field investigations.
(3) Other
						  appropriate analysis.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.39 - Underground development wastes and excess excavated material

Current through Register Vol. 54, No. 28, July 13, 2024
Disposal of underground development wastes and excess
							 excavated material shall be disposed of in accordance with Chapter 90 (relating
							 to coal refuse disposal).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › INFORMATION REQUIREMENTS › Section 89.40 - Return of coal processing and underground development waste to abandoned underground workings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operation plan shall describe the design, operation and maintenance of any
						  proposed facility for return of coal processing or underground development
						  waste to an underground mine. The description shall include:
(1) Flow diagrams and any other necessary
						  drawings and maps, for the approval of the Department and the Mine Safety and
						  Health Administration.
(2) The
						  source and quality of waste to be stowed, area to be backstowed, percent of the
						  mine void to be filled, method of constructing underground retaining walls,
						  influence of the backfilling operation on active underground mine operations,
						  surface area to be supported by the backfill and the anticipated occurrence of
						  surface effects following backfilling.
(3) The source of the hydraulic transport
						  medium, method of dewatering the placed backfill, retainment of water
						  underground, treatment of water if released to surface streams and the effect
						  on the hydrologic regime.
(4) The
						  stratum underlying the mined coal and gradient from the backfilled
						  area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.51 - Signs and markers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Signs and
						  markers shall:
(1) Be posted, maintained and
						  removed by the operator.
(2) Be of
						  a uniform design that can be easily seen and read.
(3) Be made of durable material.
(4) Conform to local laws 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.52 - Water quality standards, effluent limitations and best management practices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prevailing hydrologic balance.
Underground mining activities
						  shall be planned and conducted to minimize changes to the prevailing hydrologic
						  balance in both the permit and adjacent areas.
(b)
Minimum requirements.
At
						  a minimum, water which is discharged or is permitted to flow from areas
						  disturbed by underground mining activities, including areas disturbed by
						  mineral preparation, processing or handling facilities, shall be passed through
						  a sedimentation pond or treatment facility before discharging, except as
						  provided in subsection (j).
(c)
Effluent limitations.
A person may not allow a discharge of
						  water from an area disturbed by underground mining activities, including areas
						  disturbed by mineral preparation, processing or handling facilities which
						  exceeds the following groups of effluent standards. The effluent limitations
						  shall be applied under subsection (d).
Group A
Parameter
30-day Average
Daily
									 Maximum
Instantaneous Maximum
iron (total)
3.0 mg/l
6.0mg/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
(d)
Limitations.
The
						  effluent limitations and precipitation exemptions are as follows:
(1) The discharges specified in this
						  subsection shall comply with the effluent limitation in this subsection:
Type Discharge
Precipitation Event
Effluent
									 Limitations
Drainage from underground mine
									 workings
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
achieved 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 §
														89.53 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.53 - 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 §
													89.52(c) 
						  (relating to water quality standards, effluent limitations and best management
						  practices), 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 §
														89.52, unless the permit specifies
						  a more stringent water quality based effluent limitation, in which case no
						  exemption is 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 of Group C
						  in §
														89.52 (c).
(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 § 89.52, unless
						  the permit specifies a more stringent water quality based effluent limitation,
						  in which case no exemption is 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 §
						  89.52(c).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.54 - Preventing discharges from underground mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface entries and accesses to the mine,
						  including drifts, adits, slopes and shafts, shall be located, designed,
						  constructed and utilized to prevent gravity discharge of water from the
						  mine.
(b) Barriers of coal left
						  around an underground mine shall be located and designed to prevent gravity
						  discharge from the mine and assist in returning the water table to near its
						  premining condition.
(c) Each
						  exploration hole, drill hole or borehole, shaft, well or other opening to an
						  underground mine shall be cased, lined, sealed or otherwise managed to prevent
						  degradation of the quality of groundwaters and surface waters, to minimize
						  disturbance to the prevailing hydrologic balance and to ensure the safety of
						  people, livestock, fish and wildlife and machinery in the permit and adjacent
						  area. Each exploration hole, drill hole, borehole or well that is uncovered or
						  exposed by mining activities within the permit area shall be permanently closed
						  in a water-tight manner, unless approved for water monitoring or otherwise
						  managed in a manner approved by the Department. This section does not apply to
						  holes drilled and used for blasting in the area affected by surface
						  operations.
(d) Gas and oil wells
						  that are uncovered or exposed by mining activities within the permit area shall
						  be sealed in accordance with the Oil and Gas Act (58 P. S. §§
														601.101-601.605).
The provisions of this §
															89.54 amended under the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.1-1396.19a); The Bituminous
								Mine Subsidence and Land Conservation Act (52 P.S. §§
																1406.1-1406.21); 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).
This section cited in 25 Pa. Code §
															86.133 (relating to general
								requirements); 25 Pa. Code §
															86.134 (relating to coal
								exploration performance and design standards); 25 Pa. Code §
															88.492 (relating to minimum
								requirements for reclamation and operation plan); 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); and 25 Pa. Code §
															89.36 (relating to protection of
								the hydrologic balance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.55 - Collection channels

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  channel or ditch that is used to collect or transport waters, or both, into
						  wastewater treatment facilities shall be constructed to safely pass the peak
						  runoff from a precipitation event with a 10-year recurrence interval, or a
						  larger event as specified by the Department.
(b) Channel design shall incorporate:
(1) Channel linings to safely pass the design
						  velocities.
(2) Adequate
						  freeboard.
(3) Energy dissipators
						  when necessary.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.56 - Stream channel diversions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Flow
						  from perennial and intermittent streams within the permit area may be diverted
						  if the diversions:
(1) Will not adversely
						  affect, during and after mining, the water quantity and quality of the
						  stream.
(2) Comply with other
						  requirements of this chapter and Chapter 105 (relating to dam safety and
						  waterway management).
(3) Comply
						  with local, State and Federal statutes 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.57 - Treatment facility design

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Facilities and measures for treating discharges from disturbed areas shall be
						  designed for the runoff from a 10-year, 24-hour rainfall event.
(b) Facilities and measures for treating any
						  discharges shall be based on good engineering design and shall include failure
						  warning devices and backup systems as necessary to insure compliance with
						  subsection (a).
(c) The design,
						  construction and maintenance of a treatment facility shall not relieve an
						  operator of his responsibility for complying with the applicable treatment
						  requirements and effluent limitations established under §
													95.1(a) 
						  (relating to general requirements).
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); and 25 Pa. Code §
															89.173 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.58 - Pollution-forming materials

Current through Register Vol. 54, No. 28, July 13, 2024
Drainage from pollution-forming underground
							 development waste and spoil, if any, into groundwater and surface water shall
							 be avoided by:
(1) Identifying,
						  burying and treating, when necessary, waste and spoil which, in the judgment of
						  the Department, may be detrimental to vegetation or may adversely affect water
						  quality if not treated or buried.
(2) Preventing water from coming into contact
						  with pollution-forming materials in accordance with measures required by the
						  Department.
(3) Disposing of the
						  pollution-forming underground development wastes in accordance with Chapter 90
						  (relating to coal refuse disposal). Temporary storage of the materials may be
						  approved by the Department upon a finding that storage will not result in any
						  material risk of water pollution or other environmental damage. Storage shall
						  be limited to the period until burial or treatment first becomes feasible.
						  Pollution-forming underground development waste and spoil to be stored shall be
						  placed on impermeable material and protected from erosion and contact with
						  surface water. Any discharge shall conform with §
													89.52 (relating to water quality
						  standards, effluent limitations and best management practices).
This section cited in 25 Pa. Code §
															89.173 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.59 - Surface water and groundwater monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface water and groundwater monitoring
						  shall be conducted under §
													89.34 (relating to hydrology) and
						  with the monitoring plan contained in the permit. At a minimum, surface water
						  and groundwater monitoring shall include the following conditions:
(1) Groundwater levels, subsurface flow and
						  storage characteristics and the quality of groundwater shall be monitored in a
						  manner approved by the Department to determine the effects of underground
						  mining activities on the quantity and quality of groundwater in the permit and
						  adjacent areas.
(2) Groundwater
						  levels and groundwater quality shall be monitored, when underground mining
						  activities may affect the groundwater systems which serve as aquifers which
						  significantly ensure the hydrologic balance of water use on or off the permit
						  area. Monitoring shall include measurements from a sufficient number of wells,
						  and chemical analyses of water from aquifers which adequately reflect changes
						  in groundwater quantity and quality resulting from those activities. Monitoring
						  shall be adequate to plan for modification of underground mining 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.
(3) In
						  addition to the monitoring and reporting requirements in Chapter 92a (relating
						  to National Pollutant Discharge Elimination System permitting, monitoring and
						  compliance), surface water shall be monitored accurately to measure and record
						  the water quantity and quality of discharges from the permit area and the
						  effect of the discharges 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 §
														89.36 (relating to protection of
						  hydrologic balance). At a minimum, total dissolved solids or specific
						  conductance corrected to 25°C, total suspended solids, total iron, total
						  manganese, acidity, alkalinity, pH, sulfates and flow shall be monitored and
						  reported to the Department at least every 3 months for each monitoring
						  location.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.60 - Discharges to underground mines

Current through Register Vol. 54, No. 28, July 13, 2024
Water from the surface or from an underground mine
							 may not be diverted or discharged into other underground mine workings, unless
							 the operator demonstrates to the Department that the discharge will:
(1) Abate water pollution or otherwise
						  eliminate public hazards resulting from underground mining
						  activities.
(2) Be discharged as a
						  controlled flow.
(3) Be limited to:
(i) Coal processing wastes.
(ii) Underground mine development
						  wastes.
(iii) Fly ash from a
						  coal-fired facility.
(iv) Sludge
						  from a mine drainage treatment facility.
(v) Flue gas desulfurization
						  sludge.
(vi) Inert materials used
						  for stabilizing underground mines.
(vii) Other wastes as may be approved by 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.61 - Coal recovery

Current through Register Vol. 54, No. 28, July 13, 2024
Underground mining activities shall be conducted to
							 maximize the utilization and conservation of the coal, so that reaffecting the
							 land in the future can be minimized. Provided, however, the resource, utility
							 and conservation may not excuse the operator from complying in full with
							 environmental protection and health and safety standards.
This section cited in 25 Pa. Code §
															88.492 (relating to minimum
								requirements for reclamation and operation plan); 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.62 - Use of explosives

Current through Register Vol. 54, No. 28, July 13, 2024
Each person who conducts surface blasting activities
							 incident to underground mining activities, including, but not limited to, mine
							 opening blasting, shall conduct the activities in compliance with Chapter 87
							 (relating to surface mining of coal).
The provisions of this §
															89.62 amended under section
								4.2 of the Surface Mining
								Conservation and Reclamation Act (52 P.S. §
																1396.4b); section 11 of the Noncoal Surface
								Mining Conservation and Reclamation Act (52 P.S. §
																3311); and sections 1917-A and 1920-A of The
								Administrative Code of 1929 (71 P.S. §§
																510-17 and
								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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.63 - Disposal of noncoal wastes

Current through Register Vol. 54, No. 28, July 13, 2024
Noncoal wastes, including, but not limited to,
							 grease, lubricants, paints, flammable liquids, garbage and other hazardous
							 wastes, shall be disposed of or stored in accordance with the Solid Waste
							 Management Act (35 P. S. §§
														6018.101-6018.1003) and the regulations
							 promulgated thereunder. Storage shall be such that fires are prevented and that
							 the area remains stable and suitable for reclamation and revegetation.
The provisions of this §
															89.63 amended under the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.1-1396.19a); The Bituminous
								Mine Subsidence and Land Conservation Act (52 P.S. §§
																1406.1-1406.21); 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).
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); 25 Pa. Code §
															89.90 (relating to restoration of
								roads); and 25 Pa. Code §
															89.173 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.64 - 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 underground mining activities and 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.
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); and 25 Pa. Code §
															89.13 (relating to air pollution
								control plan).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.65 - Protection of fish, wildlife and related environmental values

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator
						  shall to the extent possible, using the best technology currently available,
						  minimize disturbances and adverse impacts of the activities on fish, wildlife
						  and related environmental values, and achieve enhancement of the resources when
						  practicable.
(b) The operator shall
						  promptly report to the Department the presence in the permit area of any
						  threatened or endangered species under State or Federal law of which that
						  person becomes aware and which was not previously reported to the Department by
						  that person.
(c) The operator shall
						  ensure that the design and construction of any new electric power lines and
						  other transmission facilities to be used for or incidental to the underground
						  mining activities on the permit area shall be designed and constructed in
						  accordance with the guidelines in Environmental Criteria for Electric
						  Transmission Systems (USDI, ISDA (1970)), or in alternative guidance manuals
						  approved by the Department. Distribution lines shall be designed and
						  constructed in accordance with REA Bulletin 61-10 Powerline Contact by Eagles
						  and Other Large Birds or in alternative guidance manuals approved by the
						  Department. For information purposes, these two documents are available at the
						  Office of Surface Mining Office, United States Department of the Interior,
						  South Interior Building, Washington, D.C., 20240, and at each Office of Surface
						  Mining Regional Office, District Office and Field Office.
(d) The operator shall to the extent
						  possible, using the best technology currently available:
(1) Locate and operate haul and access roads
						  to avoid or minimize impacts to fish and wildlife species or other species
						  protected by State or Federal law.
(2) Avoid disturbances to, enhance where
						  practicable, or restore habitats of unusually high value for fish and
						  wildlife.
(3) When practicable,
						  maintain natural riparian vegetation on the banks of streams, lakes and other
						  wetland areas.
(4) Not use
						  restricted pesticides or herbicides on the area during underground mining and
						  reclamation activities unless approved by the Department of
						  Agriculture.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.66 - Slides and other damage

Current through Register Vol. 54, No. 28, July 13, 2024
If a slide occurs which may have a potentially
							 adverse effect on public property, health, safety or the environment, the
							 operator shall promptly notify the Department and implement necessary remedial
							 measures approved by the Department.
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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.67 - Support facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Support facilities required for, or used incidentally to, the operation of the
						  underground mine, including, but not limited to, mine buildings, coal loading
						  facilities at or near the mine site, coal storage facilities, equipment storage
						  facilities, fan buildings, hoist buildings, preparation plants, sheds, shops
						  and other buildings, shall be located, maintained and used in a manner that
						  does the following:
(1) Prevents or controls
						  erosion and siltation, water pollution and damage to public or private
						  property.
(2) To the extent
						  possible using the best technology currently available:
(i) Minimizes damage to fish, wildlife and
						  related environmental values.
(ii)
						  Minimizes additional contributions of suspended solids to streamflow or runoff
						  outside the permit area. Contributions may not be in excess of limitations of
						  State or Federal law.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.68 - Cessation of operations: temporary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The operator shall support and maintain
						  surface access openings to underground operations until they are closed as
						  required by §
													89.83 (relating to closing of
						  underground mine openings). In areas in which there are no current operations,
						  but in which operations are to be resumed under an approved permit, surface
						  facilities shall be secured and maintained to ensure safety to people,
						  livestock and wildlife. Temporary abandonment, may not relieve a person of his
						  obligation to comply with any provisions of the approved permit.
(b) Before temporary cessation of mining and
						  reclamation operations for a period of 30 days or more, or as soon as it is
						  known that a temporary cessation will extend beyond 30 days, the operator shall
						  submit to the Department a notice of intention to cease operations. This notice
						  shall include a statement of the exact number of surface areas and the
						  horizontal and vertical extent of subsurface strata which have been affected
						  prior to cessation, the extent and kind of reclamation of the surface area
						  which will have been accomplished prior to cessation, and identification of the
						  backfilling, regrading, revegetation, environmental monitoring, underground
						  opening closures and water treatment activities that will continue during the
						  temporary cessation.
This section cited in 25 Pa. Code §
															88.493 (relating to minimum
								environmental protection performance standards); 25 Pa. Code §
															89.83 (relating to closing of
								underground mine openings); and 25 Pa. Code §
															89.173 (relating to 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 89 - UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES › Subchapter B - OPERATIONS › PERFORMANCE STANDARDS › Section 89.69 - Other transportation facilities

Current through Register Vol. 54, No. 28, July 13, 2024
Railroad loops, spurs, sidings, surface conveyor
							 systems, chutes, aerial tramways or other transportation facilities within the
							 permit area shall be designed, constructed or reconstructed and maintained to:
(1) Prevent, using the best
						  technology currently available:
(i) Damage to
						  fish, wildlife and related environmental values.
(ii) Additional contributions of suspended
						  solids to streamflow or runoff outside the disturbed area. Contributions may
						  not be in excess of limitations of State or Federal law.