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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.105 - Hydrologic balance: diversions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface water and shallow groundwater
						flow from undisturbed areas which will drain into the affected area shall be
						intercepted and diverted away from the disturbed area by means of
						diversion.
(b) Diversions shall be
						designed, constructed and maintained using current engineering practices to
						pass safely the peak runoff from a precipitation event with a 2-year recurrence
						interval for temporary diversions and 10-year recurrence interval for permanent
						diversion. If necessary to protect public health and safety or prevent
						pollution, a larger event shall be used.
(c) All topsoil shall be removed, stored on a
						stable site, and protected against erosion and compaction until restoration of
						the diversion.
(d) Diversion shall
						be vegetated or otherwise stabilized to prevent erosion or contributions of
						sediment to stream or runoff outside the affected area. Asphalt, concrete or
						other similar lining shall only be used when approved by the Department. Riprap
						shall be nondegradable, nonacid-forming or toxic-forming rock that will not
						slake and will be free of coal, clay or shale.
(e) A diversion may not be located so as to
						increase the potential for landslides or other offsite damage.
(f) Excess material shall be placed in the
						backfilling, or at an excess spoil disposal area.
(g) When no longer needed, the diversion
						shall be regraded to blend with the natural contours and drainage pattern, and
						revegetated in accordance with §
												87.147 (relating to revegetation:
						general requirements).
This section cited in 25 Pa. Code §
														87.72 (relating to diversions); 25
							 Pa. Code §
														87.131 (relating to disposal of
							 excess spoil); 25 Pa. Code §
														87.147 (relating to vegetation;
							 general requirements); 25 Pa. Code §
														87.202 (relating to definitions);
							 and 25 Pa. Code §
														87.207 (relating to treatment of
							 discharges).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.106 - Hydrologic balance: sediment control measures

Current through Register Vol. 54, No. 28, July 13, 2024
Appropriate sediment control measures shall be
						  designed, constructed and maintained using the best technology currently
						  available to:
(1) Prevent to the
						extent possible contributions of sediment to streamflow or to runoff outside
						the affected area.
(2) Meet the
						treatment requirements and effluent limitations of §
												87.102 (relating to hydrologic
						balance: effluent standards).
(3)
						Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102
						(relating to erosion and sediment control).
This section cited in 25 Pa. Code §
														87.70 (relating to erosion and
							 sedimentation control plan); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.160 (relating to haul roads and
							 access 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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.107 - Hydrologic balance: treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At a minimum, facilities and measures for
						treating discharges from disturbed areas shall be designed, constructed and
						maintained to treat the runoff from a 10-year, 24-hour precipitation event and
						any groundwater contribution.
(b)
						Facilities and measures for treating any discharges shall be based on good
						engineering design and shall include automatic neutralization processes. The
						Department may approve a manual neutralization system if the Department finds
						that:
(1) Small and infrequent treatment is
						needed to meet effluent limitations.
(2) Timely and consistent treatment is
						ensured.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.109 - Hydrologic balance: discharge structures

Current through Register Vol. 54, No. 28, July 13, 2024
Discharge from dams, ponds, embankments, impoundments
						  and diversions shall be controlled by energy dissipators, riprap channels and
						  other devices when necessary to reduce erosion, to prevent deepening or
						  enlargement of stream channels and to minimize disturbance of the hydrologic
						  balance. Discharge structures shall be designed according to standard
						  engineering design procedures.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.110 - Hydrologic balance: acid-forming and toxic-forming spoil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Drainage from acid-forming and
						toxic-forming spoil into groundwater and surface water shall be avoided by the
						following:
(1) Identifying, burying and
						treating, when necessary, spoil that may adversely affect water quality if not
						treated or buried.
(2) Preventing
						water from coming into contact with acid-forming and toxic-forming spoil in
						accordance with §
													87.145 (relating to backfilling
						and grading: covering coal and acid-forming and toxic-forming materials) and
						other measures as required 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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.111 - Hydrologic balance: impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Permanent impoundments are prohibited unless authorized
						  by the Department upon the basis of the following demonstration:
(1) The quality of the impounded water shall
						be suitable on a permanent basis for its intended use, and discharge of water
						from the impoundment will not degrade the quality of receiving waters to less
						than the water quality standards established under §
												87.102 (relating to hydrologic
						balance: effluent standards).
(2)
						The level of water shall be sufficiently stable to support the intended
						use.
(3) Adequate safety and access
						to the impounded water shall be provided for proposed water users.
(4) Water impoundments shall not result in
						diminution of the quality or quantity of water used by adjacent or surrounding
						landowners for agricultural, industrial, recreational or domestic
						uses.
(5) The size of the
						impoundment is adequate for its intended purposes.
(6) The impoundment will be suitable for the
						approved postmining land use.
This section cited in 25 Pa. Code §
														87.108 (relating to hydrologic
							 balance: 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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.112 - Hydrologic balance: dams, ponds, embankments and impoundments-design, construction and maintenance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams,
						ponds, embankments and impoundments that meet the following criteria shall be
						designed, constructed and maintained in accordance with Chapter 105 (relating
						to dam safety and waterway management):
(1)
						Dams located on a natural or artificial water course when one of the following
						applies:
(i) The contributary drainage area
						exceeds 100 acres.
(ii) The
						greatest depth of water at a maximum storage elevation exceeds 15
						feet.
(iii) The impounding capacity
						at maximum storage elevation exceeds 50 acre-feet.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.113 - Hydrologic balance: coal processing waste dams and embankments

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the requirements of §
												87.112 (relating to hydrologic
						  balance: dams, ponds, embankments and impoundments-design, construction and
						  maintenance), each dam and embankment constructed of coal processing waste or
						  intended to impound coal processing waste shall meet the requirements of §
												90.112 (relating to hydrologic
						  balance: dams, ponds, embankments and impoundments-design, construction and
						  maintenance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.114 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.115 - Hydrologic balance: protection of groundwater recharge capacity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface mining
						activities, except for coal processing waste and underground development waste
						disposal areas and fills, shall be conducted to restore the recharge capacity
						of the area of the operation to approximate premining conditions.
(b) The recharge capacity shall be restored
						to a condition which:
(1) Supports the
						approved postmining land use.
(2)
						Minimizes disturbances to the prevailing hydrologic balance in the permit and
						adjacent areas.
(3) Provides a rate
						of recharge that approximates the premining recharge rate.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.116 - Hydrologic balance: groundwater monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Groundwater levels, infiltration rates,
						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 surface mining activities on the recharge capacity of reclaimed
						lands and on the quantity and quality of groundwater in the permit and adjacent
						areas.
(b) When surface 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, groundwater levels and groundwater quality shall be monitored. 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 surface 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.
(c) The
						person who conducts surface mining activities shall conduct additional
						hydrologic tests as specified and approved by the Department, including but not
						limited to, drilling, infiltration tests, aquifer tests, chemical and
						mineralogical analyses of overburden and spoil and shall submit the results to
						the Department to demonstrate compliance with this section and §
												87.115 (relating to hydrologic
						balance: protection of groundwater recharge capacity).
(d) The Department may require the operator
						to conduct monitoring and reporting more frequently than every 3 months, and to
						monitor additional parameters beyond the minimum specified in this section.
The provisions of this §
														87.116 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														87.69 (relating to protection of
							 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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.117 - Hydrologic balance: surface water monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the monitoring and
						reporting requirements established by the Department under Chapter 92a
						(relating to National Pollutant Discharge Elimination System permitting,
						monitoring and compliance), surface water shall be monitored to accurately
						measure and record the water quantity and quality of the discharges from the
						permit area and the effect of the discharge on the receiving waters. Surface
						water shall be monitored for parameters that relate to the suitability of the
						surface water for current and approved postmining land uses and to the
						objectives for protection of the hydrologic balance as set forth in §
												87.69 (relating to protection of
						hydrologic balance). At a minimum, total dissolved solids or specific
						conductance corrected to 25°C, total suspended solids, pH, acidity,
						alkalinity, total iron, total manganese, sulfates and flow shall be monitored
						and reported to the Department at least every 3 months for each monitoring
						location.
(b) The Department may
						require the operator to conduct monitoring and reporting more frequently than
						every 3 months, and to monitor additional parameters beyond the minimum
						specified in this section.
The provisions of this §
														87.117 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
This section cited in 25 Pa. Code §
														87.69 (relating to protection of
							 hydrologic balance); and 25 Pa. Code §
														87.93 (relating to casing and
							 sealing of drilled holes).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.118 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.119 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions for this §
														87.119 deleted under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.119a - Hydrologic balance: water rights and replacement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Water supply surveys.
The operator or mine owner shall conduct a survey of the quantity and quality
						of all water supplies within the permit area and those in adjacent areas that
						may be affected by mining activities, except when the water supply owner denies
						the operator or mine owner access for the survey.
(1) The survey must include the following
						information to the extent that it can be collected without excessive
						inconvenience to the water supply owner or water supply user:
(i) The location and type of water
						supply.
(ii) The existing and
						reasonably foreseeable uses of the water supply.
(iii) The chemical and physical
						characteristics of the water, including, at a minimum, total dissolved solids
						or specific conductance corrected to 25°C, pH, total iron, total manganese,
						acidity, alkalinity and sulfates. Additional parameters, including hardness and
						total coliform, may be required by the Department based on the local aquifer
						conditions and the characteristics of the water supply and uses. An operator or
						mine owner who obtains water samples in a premining or postmining survey shall
						utilize a certified laboratory to analyze the samples. For water supplies with
						existing treatment, the treatment system must be documented, and a chemical
						analysis of the untreated water shall be obtained if a sample that bypasses the
						treatment can feasibly be collected.
(iv) Historic and recent quantity
						measurements and other hydrogeologic data such as the static water level and
						yield determination.
(v) The
						physical description of the water supply, including the depth and diameter of
						the well, length of casing and description of the treatment and distribution
						systems.
(vi) Sufficient sampling
						and other measurements to document the seasonal variation in hydrologic
						conditions of the water supply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.120 - Hydrologic balance: discharge of water into an underground mine

Current through Register Vol. 54, No. 28, July 13, 2024
Surface water and groundwater from surface mining
						  activities may not be diverted or otherwise discharged into underground mine
						  workings except in accordance with Chapter 89 (relating to underground mining
						  of coal and coal preparation facilities).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.121 - Hydrologic balance: permanent postmining renovation of sedimentation ponds, diversions, impoundments and treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
At the completion of surface mining activities, the
						  person who conducts the surface mining activities shall renovate all permanent
						  sedimentation ponds, diversions, impoundments and treatment facilities to meet
						  criteria specified in the detailed design plan for the permanent structures and
						  impoundments, unless the permittee demonstrates that the facility or structure
						  meets the requirements of this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.122 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.123 - Utilization and conservation of coal

Current through Register Vol. 54, No. 28, July 13, 2024
Surface mining activities shall be conducted so as to
						  maximize the utilization and conservation of the coal being recovered so that
						  reaffecting the land in the future through surface mining can be minimized.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.124 - Use of explosives: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who conducts surface mining
						activities shall comply with this chapter and applicable State and Federal laws
						in the use of explosives.
(b)
						Blasts that use more than 5 pounds of explosive or blasting agents shall be
						conducted according to the schedule required under §
												87.126 (relating to use of
						explosives: public notice of blasting schedule).
(c) Blasting operations shall be conducted by
						or under the supervision of a competent blaster licensed and operating in
						compliance with Chapter 210 (relating to blasters' licenses).
(d) Blasting operations shall be conducted in
						compliance with Chapter 211 (relating to storage, handling and use of
						explosives).
(e) A person
						responsible for blasting operations at a blasting site shall be familiar with
						the blasting plan and site-specific performance standards.
The provisions of this §
														87.124 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).
This section cited in 25 Pa. Code §
														87.64 (relating to blasting plan);
							 25 Pa. Code §
														87.76 (relating to surface mining
							 near underground mining); 25 Pa. Code §
														90.43 (relating to blasting plan);
							 25 Pa. Code §
														90.92 (relating to signs and
							 markers); and 25 Pa. Code §
														90.148 (relating to
							 blasting).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.126 - Use of explosives: public notice of blasting schedule

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Blasting schedule publication.
(1) Each person who conducts surface mining
						activities shall publish a blasting schedule in a newspaper of general
						circulation in the locality of the proposed site, at least 10 days, but not
						more than 30 days, before beginning a blasting program in which blasts that use
						more than 5 pounds of explosives or blasting agents are detonated.
(2) Copies of the schedule shall be
						distributed by mail to local governments and public utilities and by mail or
						delivered to each resident within 1/2 mile of the blasting area. Copies sent to
						residents shall be accompanied by information advising the owner or resident
						how to request a preblasting survey.
(3) The person who conducts the surface
						mining activities shall republish and redistribute the schedule by mail at
						least every 12 months.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.127 - Use of explosives: surface blasting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Blasting shall be conducted between
						sunrise and sunset, at times announced in the blasting schedule, except that
						mine opening blasting conducted after the second blast, for that mine opening,
						may be conducted at any time of day or night as necessary to maintain stability
						of the mine opening to protect the health and safety of mineworkers. For mine
						opening blasting conducted after the second blast, for that mine opening, the
						Department may approve ground vibration and airblast limits at a dwelling,
						public building, school, church or commercial or institutional structure, that
						are less stringent than those specified in subsection (e) or (m) if consented
						to, in writing, by the structure owner and lessee, if leased to another party.
(b) The Department may specify
						more restrictive time periods, airblast or ground vibration limits, based on
						public requests or other relevant information, according to the need to
						adequately protect the public from the adverse affects of ground vibration,
						airblast or safety hazards.
(c)
						Warning and all-clear signals shall be different in pattern, audible with a
						range of 1/2 mile from the point of the blast, sounded before and after each
						blast. Persons who work within the 1/2 mile of the blasting area shall be
						notified of the meaning of the signals through appropriate instructions. These
						instructions shall be periodically delivered or otherwise communicated in a
						manner which can be reasonably expected to inform these persons of the meaning
						of the signals. A person who conducts blasting incident to surface mining
						activities shall:
(1) When a blast is about to
						be fired, give sufficient warning that persons approaching the blast area may
						be warned of the danger and be given ample time to retreat a safe distance from
						the blast area.
(2) When electric
						blasting operations are located near highways or other public ways, erect signs
						at least 500 feet from the blast area reading: BLAST AREA-SHUT OFF ALL TWO-WAY
						RADIOS. The letters of these signs shall be at least 4 inches in height on a
						contrasting background.
(3) Place
						at the entrances to the permit area from public roads or highways conspicuous
						signs which state "Warning. Explosives in Use" which clearly explain the blast
						warning and all clear signals that are in use and which explain the marking of
						blasting areas and charged holes within the permit area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.129 - Use of explosives: records of blasting operations

Current through Register Vol. 54, No. 28, July 13, 2024
A record of each blast shall be retained for at least 3
						  years and shall be available for inspection by the Department and the public on
						  request. Seismographic reports, if applicable, must be made a part of that
						  record. The record must contain the following data:
(1) The name of the operator conducting the
						blast.
(2) The location, date and
						time of blast.
(3) The name,
						signature and license number of blaster-in-charge.
(4) The identification of and the direction
						and distance, in feet, to the nearest dwelling, public building, school,
						church, commercial or institutional building or other structure.
(5) Weather conditions, including
						temperatures, wind direction and approximate velocity.
(6) The type of material blasted.
(7) The number of holes, burden and
						spacing.
(8) The diameter and depth
						of holes.
(9) The types of
						explosives used.
(10) The total
						weight of explosives used.
(11) The
						maximum weight of explosives detonated per delay interval.
(12) The maximum number of holes detonated
						per delay interval.
(13) The
						initiation system.
(14) The type
						and length of stemming.
(15) The
						mats or other protections used.
(16) The type of delay detonator and delay
						periods used.
(17) A sketch of the
						blast pattern, including number of holes, burden, spacing, decks and delay
						pattern.
(18) The number of persons
						in the blasting crew.
(19)
						Seismographic and airblast records, when required, including the type of
						instrument, sensitivity and calibration signal of the gain setting or
						certification of annual calibration and the following:
(i) The seismographic or airblast level, or
						both, reading, including the exact location of seismograph and its distance
						from the blast.
(ii) The name of
						the person taking the seismograph reading.
(iii) The name of person and firm analyzing
						the seismographic record.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.131 - Disposal of excess spoil

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Spoil
						not required to achieve the approximate original contour shall be transported
						and placed in designated disposal areas approved by the Department within the
						permit area. The disposal area shall be designed, constructed and maintained to
						ensure:
(1) That leachate and surface runoff
						from the fill will not degrade surface or groundwater or exceed the effluent
						limitations of §
													87.102 (relating to hydrologic
						balance: effluent standards).
(2)
						The prevention of combustion.
(3)
						The stability of the fill.
(4) That
						the land mass designated as the disposal area is suitable for reclamation and
						revegetation compatible with the natural surroundings.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.135 - Protection of underground mining

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Surface coal mining activities, except
						support activities, may not be conducted closer than 500 feet to any point of
						either an active or abandoned underground mine, except to the extent that:
(1) The nature, timing and sequence of the
						operations that propose to mine closer than 500 feet to an active underground
						mine are jointly approved by the Department and the Mine Safety and Health
						Administration.
(2) In the case of
						operations that propose to mine closer than 500 feet of an abandoned
						underground mine, the nature, timing and sequence of the operations are
						approved by the Department.
(3) The
						activities result in improved resource recovery, abatement of water pollution
						or elimination of hazards to the health and safety of the
						public.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.136 - 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 temporarily 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 §
														87.136 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
This section cited in 25 Pa. Code §
														87.68 (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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.137 - 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 surface 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 §
														87.66 (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 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.139 - Slides and other damages

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						undisturbed natural barrier shall be provided beginning at the elevation of the
						lowest coal seam to be mined and extending from the outslope for such distance
						as may be determined by the Department as is needed to assure stability. The
						barrier shall be retained in place to prevent slides and erosion.
(b) At any time a slide occurs which may have
						a potential adverse affect on public property, health, safety or the
						environment, the operator shall notify the Department by the fastest available
						means and shall implement all necessary remedial measures in the manner
						acceptable to the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.140 - Contemporaneous reclamation

Current through Register Vol. 54, No. 28, July 13, 2024
Reclamation efforts including, but not limited to,
						  backfilling, grading, topsoil replacement and revegetation of all land that is
						  disturbed by surface mining activities shall occur in accordance with
						  §§ 87.141, 87.142, 87.144-87.148.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.141 - Backfilling and grading: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Disturbed areas shall be returned to
						their approximate original contour except as specifically exempted in §
												87.142 or §
												87.175 (relating to backfilling
						and grading: reaffecting previously mined lands; and variance to contouring).
						Spoil shall be transported, backfilled, compacted-when advisable to insure
						stability or to prevent leaching-and graded to eliminate spoil piles and
						depressions. Excess spoil material shall be disposed under §
												87.131 (relating to disposal of
						excess spoil).
(b) Backfilled
						material shall be placed to minimize off-site effects and to support the
						approved postmining land use.
(c)
						Timing of backfilling and grading shall be concurrent with mining and comply
						with the following:
(1) Backfilling and
						grading shall follow coal removal by not more than 60 days unless the approved
						operation and reclamation plan contains an alternative schedule based on the
						applicant's ability to demonstrate through a detailed written analysis under
						§
													87.68(3)
						(relating to reclamation information) that additional time is
						necessary.
(2) Backfilling and
						grading may not be more than 300 horizontal feet from the face of the highwall
						and no more than 1500 horizontal feet of pit may be open at one time. The
						Department may, in writing, approve distances in excess of these requirements
						as part of the approved operation and reclamation plan if the operator
						demonstrates, through a detailed written analysis under §
													87.68(3), that
						additional distance is needed for reason of multiple seam mining, the size or
						amount of equipment being used, topography or method of
						mining.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.142 - Backfilling and grading: reaffecting previously mined lands

Current through Register Vol. 54, No. 28, July 13, 2024
When the surface mining activities are affecting lands
						  that had previously been mined to prior current practices and standards, the
						  Department may approve, in writing, terracing as an alternative to contouring
						  of the areas if the operator demonstrates that:
(1) The area proposed to be affected cannot
						be reclaimed to approximate original contour.
(2) Reaffecting the area is likely to produce
						an environmental benefit.
(3)
						Overburden and spoil is retained on the solid portion of existing or new
						benches.
(4) The highwall is
						eliminated.
(5) The area is
						backfilled and graded to the most moderate slope possible in eliminating the
						highwall. The final slopes shall achieve a minimum static safety factor of
						1.3.
(6) The final slopes are
						consistent with the approved postmining land use.
This section cited in 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.140 (relating to
							 contemporaneous reclamation); 25 Pa. Code §
														87.141 (relating to backfilling
							 and grading: general requirements); 25 Pa. Code §
														87.174 (relating to steep slope
							 operations); 25 Pa. Code §
														87.175 (relating to variance to
							 contouring); 25 Pa. Code §
														87.180 (relating to prime
							 farmland: soil replacement); and 25 Pa. Code §
														89.84 (relating to backfilling and
							 grading).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.143 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.144 - Backfilling and grading: final slopes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The final graded slopes shall approximate
						premining slopes, or any lesser slopes approved by the Department based on
						consideration of soil, climate or other characteristics of the surrounding
						area.
(b) Postmining final graded
						slopes need not be uniform, but shall approximate the general nature of the
						premining topography.
(c) On
						approval by the Department in order to conserve soil moisture, ensure stability
						and control erosion on final graded slopes, cut and fill terraces may be
						allowed if the terraces are compatible with the approved postmining land use
						and are substitutes for construction of lower grades on the reclaimed
						lands.
(d) Small depressions may be
						constructed, if they:
(1) Are approved by the
						Department to minimize erosion, conserve soil moisture or promote
						vegetation.
(2) Do not restrict
						normal access.
(3) Are not
						inappropriate substitutes for lower grades on the reclaimed
						lands.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.145 - Backfilling and grading: covering coal and acid-forming and toxic-forming materials

Current through Register Vol. 54, No. 28, July 13, 2024
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 in the following manner:
(1) The material shall be buried
						above the groundwater table and shall be placed at a minimum of 5 feet above
						the coal seam and alternated with layers of clean spoil. Each layer of the
						material may not exceed 24 inches and each layer of nontoxic spoil may not
						exceed 30 inches. The top layer of nontoxic spoil shall be a minimum thickness
						of 4 feet.
(2) If necessary, these
						materials shall be treated to prevent water pollution and combustion and
						minimize adverse effects on plant growth and land uses.
(3) When 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 §
														86.134 (relating to coal
							 exploration performance and design standards); 25 Pa. Code §
														87.68 (relating to reclamation
							 information); 25 Pa. Code §
														87.104 (relating to stream channel
							 diversions); 25 Pa. Code §
														87.110 (relating to hydrologic
							 balance: acid-forming and toxic-forming spoil); 25 Pa. Code §
														87.140 (relating to
							 contemporaneous reclamation); 25 Pa. Code §
														87.174 (relating to steep slope
							 operations); 25 Pa. Code §
														87.175 (relating to variance to
							 contouring); 25 Pa. Code §
														87.180 (relating to prime
							 farmland: soil replacement); and 25 Pa. Code §
														89.84 (relating to backfilling and
							 grading).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 87 - SURFACE MINING OF COAL › Subchapter E - SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 87.146 - Regrading or stabilizing rills and gullies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Exposed surface areas shall be protected
						and stabilized to effectively control erosion and air pollution attendant to
						erosion.
(b) Rills and gullies,
						which form in areas that have been regraded and topsoiled and which do one of
						the following shall be filled, regraded or otherwise stabilized:
(1) Disrupt the approved postmining land use
						or the reestablishment of the vegetative cover.
(2) Cause or contribute to a violation of
						water quality standards for receiving streams.