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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.266 - Notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  application for assistance is approved, the Department will provide the
						  applicant a copy of the appropriate work orders for the services to be provided
						  and the final approved report.
(b)
						  The Department will inform the applicant in writing if the application for
						  assistance is denied and the reasons for denial.
(c) The applicant shall immediately notify
						  the Department and the designated consultant if at any time the applicant
						  becomes aware of circumstances which could preclude the issuance of a permit to
						  the applicant for the proposed remining area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.267 - Determination of data requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will determine the data
						  collection requirements needed to meet the objectives of the program for each
						  applicant or group of applicants.
(b) The data requirements will be based on:
(1) The extent of currently available
						  hydrologic and overburden analysis data for the applicable area.
(2) The data collection, analysis and
						  evaluation requirements of this chapter and either Chapter 87 or Chapter 88
						  (relating to surface mining of coal; and anthracite coal), whichever is
						  applicable.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.268 - Public records; evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Upon approval of the ROAP project report submitted by
							 the consultant, the data collected under this Program shall be made available
							 to interested persons.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.269 - Basic qualifications for consultants and laboratories

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be
						  designated as a qualified consultant or qualified laboratory, the consultant or
						  laboratory shall demonstrate that it:
(1) Is
						  staffed with experienced, professional personnel in the fields of hydrology,
						  mining engineering, aquatic biology, geology and chemistry applicable to the
						  work to be performed as either a consulting firm, analytical water laboratory
						  or analytical overburden laboratory.
(2) Is capable of collecting necessary field
						  data and samples.
(3) Has adequate
						  space for stationary equipment, material preparation, cleaning and
						  sterilization of necessary equipment, and storage and space to accommodate
						  periods of peak workloads.
(4)
						  Meets the requirements of the Occupational Safety and Health Act of 1970
						  (29 U.S.C.A. §§
															651-678).
(5) Has the financial capability and business
						  organization necessary to perform the work required.
(6) Has analytical and monitoring equipment
						  capable of meeting the applicable standards and methods contained in:
(i) The current edition of
Standard
						  Methods of the Examination of Water and Waste Water
, prepared and
						  published jointly by the American Public Health Association, American Water
						  Works Association and Water Pollution Control Federation. (American Public
						  Health Association, 1015 Fifteenth Street, N.W., Washington, DC
						  20005).
(ii) The current edition of
						  the
Environmental Protection Agency (EPA) Methods for Chemical Analysis
						  of Water and Wastes
, as amended. The standards contained therein are
						  incorporated by reference.
(iii)
						  The EPA standards as described in 40 CFR Part 136 (relating to guidelines
						  establishing test procedures for the analysis of pollutants).
(iv) The Department's
Overburden
						  Sampling and Testing Manual.
(7) Has the capability of making hydrologic
						  field measurements and analytical laboratory determinations by acceptable
						  hydrologic, engineering or analytical methods or by those appropriate methods
						  or guidelines for data acquisition recommended 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.270 - Operator liability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  operator shall reimburse the Department for the cost of the services performed
						  under this subchapter, including interest from the date the Department demands
						  reimbursement, if the operator does one of the following:
(1) Submits false information.
(2) Fails to provide the services required to
						  complete the permit application, including submission of reclamation bond.
(3) Fails to submit a complete
						  surface mine activities permit application within 1 year from the date of
						  receipt of the approved consultant report, unless the report indicates that the
						  application is not approvable for technical reasons.
(4) Fails to mine within 3 years after
						  obtaining a permit.
(5) Sells,
						  transfers or assigns the permit to an operator who does not meet the
						  requirements of §
														86.253 (relating to operator and
						  project qualification).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.282 - Participation requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
						  completion of the technical review of a permit application and receipt of a
						  request for bond, an operator may apply to participate in the financial
						  guarantees program for a remining area if the requirements of §
													86.253 (relating to operator and
						  project qualification) are met. To participate in this program, an operator
						  shall demonstrate to the Department's satisfaction one of the following:
(1) The operator would be able to post a
						  collateral bond otherwise required by this chapter and demonstrate appropriate
						  experience in coal mining and reclamation.
(i)
						  The operator shall demonstrate ability to post a collateral bond by meeting the
						  following conditions for the operator's most recently completed fiscal year and
						  the 2 preceding fiscal years:
(A) A ratio of
						  current assets to current liabilities of 1.5 or greater.
(B) A ratio of total liabilities to tangible
						  net worth of 3 or less.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.283 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operator's
						  participation in the financial guarantees program is subject to the following:
(1) Annual payments will be 1% of the total
						  amount of the remining financial guarantee.
(2) The first payment is due upon receipt of
						  notice of the Department's approval of the operator's application to
						  participate in the program. Payments shall be made annually thereafter
						  concurrent with the license renewal or in accordance with a schedule determined
						  by the Department.
(3) Payments are
						  not refundable and will be deposited into the financial guarantees special
						  account in the Remining Financial Assurance Fund to be used in case of operator
						  forfeiture. When the special account becomes actuarially sound, excess payments
						  may be used under section 18(a.1) and (a.2) of the act (52 P. S. §
															1396.18(a.1) and (a.2)).
(4) The operator may not substitute financial
						  guarantees for existing collateral or surety bonds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.284 - Forfeiture

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon forfeiture
						  under §
													86.181 (relating to general), the
						  Department will declare forfeit the specified amount of the financial guarantee
						  for the permit in the financial guarantees special account in the Remining
						  Financial Assurance Fund in addition to other bonds posted by the operator to
						  cover the reclamation obligation on the permit.
(b) The Department's declaration of
						  forfeiture under this section does not excuse the operator from meeting the
						  requirements of this chapter or other requirements under the act.
(c) Upon declaration of forfeiture, the
						  Department will use the bond money posted by the operator and the specified
						  amount of the financial guarantee to complete the reclamation of the mine site
						  in accordance with the procedures and criteria in §§
						  86.187-86.190.
(d) The financial
						  guarantees program may be discontinued immediately and notice published in the
Pennsylvania Bulletin
, if 25% or greater of the total
						  outstanding financial guarantees are subject to forfeiture. If the financial
						  guarantees program is discontinued, no additional financial guarantees may be
						  approved. Outstanding financial guarantees will remain in effect until released
						  under §§ 86.170-86.175.
(e) The financial guarantees program may be
						  suspended upon notice in the
Pennsylvania Bulletin
when the
						  number of participating permits declared forfeit is equal to that number of
						  permits calculated by multiplying the historical rate of forfeiture plus a
						  margin of safety times the number of permits participating in the program. No
						  additional financial guarantees will be approved until the total amount of
						  financial guarantees declared forfeit has been replaced through the
						  accumulation of annual payments or by other means.
The provisions of this §
															86.284 amended under section 5 of
								The Clean Streams Law (35 P.S. §
																691.5); sections 4(a) and 4.2 of the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.4(a) and
								1396.4b); section
								3.2 of the Coal Refuse Disposal
								Control Act (52 P.S. §
																30.53b);
								section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
								(52
								P.S. §
																1406.7(b)); and
								section 1920-A of The Administrative Code of 1929 (71 P.S. §
																510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.291 - Financial assurance for bond credit-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the Remining Financial Assurance Fund
						  there is a special account providing financial assurance for the bond credit
						  program. Funds in the special account may be used to financially assure bond
						  obligations of a qualified operator who has voluntarily completed a reclamation
						  project approved by the Department under the bond credit program.
(b) Under the bond credit program, the
						  Department will reserve a portion of the bond credit special account in the
						  Remining Financial Assurance Fund as collateral for a bond credit upon
						  execution of the agreement for reclamation provided for in §
													86.293 (relating to issuance). The
						  amount of the reserve will be the lesser of the operator's cost of reclamation
						  or the Department's cost of reclamation for the abandoned mine lands to be
						  reclaimed under the agreement. The Department will not reserve funds for bond
						  credits in excess of the amount of funds available in the special
						  account.
(c) Upon declaration of
						  forfeiture on a permit where a bond credit is being used, the reserved funds
						  will be used by the Department in accordance with the procedures and criteria
						  in §§
													86.187 -86.190.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.292 - Procedures and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
						  apply for a bond credit a qualified mining operator shall, at a minimum:
(1) Meet the requirements of §
														86.253 (relating to operator and
						  project qualification).
(2) Submit
						  a proposed reclamation plan for abandoned mine lands. This plan shall include
						  provisions for water handling and erosion and sedimentation control to prevent
						  offsite impacts from the reclamation activities.
(3) Provide an estimate of the cost of
						  reclamation.
(4) Demonstrate that
						  the operator, any related party or any person who is owned or controlled by the
						  operator or who owns or controls the operator, bears no responsibility for
						  reclamation of the area to be reclaimed, including, but not limited to,
						  obligations under a mining permit, reclamation under section 18 of the act
						  (52
						  P. S. §
															1396.18) or reclamation under a
						  contract with the Department including abandoned mine land
						  contracts.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.293 - Issuance

Current through Register Vol. 54, No. 28, July 13, 2024
Upon a finding by the Department that the operator
							 has met the terms of the agreement established by §
													86.292(c)
							 (relating to procedures and requirements) and section 4.13 of the act
							 (52
							 P. S. §
														1396.4m), the Department will
							 issue abond credit letter to the operator in the amount specified in the
							 agreement. This amount is the amount of money in the bond credit special
							 account in the Remining Financial Assurance Fund which has been reserved as
							 collateral for the operator's reclamation obligation.
This section cited in 25 Pa. Code §
															86.291 (relating to financial
								assurance for bond credit-general); and 25 Pa. Code §
															86.294 (relating to uses and
								limitations).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.294 - Uses and limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  operator may apply a bond credit to an original or additional bond required
						  under §
													86.143 (relating to requirement to
						  file a bond) for a permit issued for surface or underground mining, coal
						  preparation or coal refuse disposal.
(b) An operator may use a bond credit or part
						  of a bond credit on a single permit or multiple permits. A bond credit or part
						  of a bond credit may be used two times; however, it cannot be used a second
						  time until it is released from its first use under §§
													86.170-86.175.
(c) A bond credit may be used in combination
						  with other types of bonds authorized by the act.
(d) A bond credit may be transferred to a
						  qualified operator, as authorized by section 4.13 of the act (52 P. S. §
														1396.4m).
(e) A bond credit may not be used to bond
						  water loss or to bond long-term water treatment.
(f) If a discharge not meeting the effluent
						  criteria of §
													87.102, §
													88.92, §
													88.187, §
													88.292, §
													89.52 or §
													90.102 develops on a permit on
						  which a bond credit is being used, the operator shall within 90 days of receipt
						  of written notice by the Department replace the bond credit with other types of
						  bonds authorized by the act for that purpose. If an acceptable bond has not
						  been received and approved by the Department within the specified time limit,
						  the Department will issue a cessation order for mining activities except for
						  reclamation and other activities required to maintain the permit
						  area.
(g) Bond credits will be
						  released prior to any other surety or collateral bond on a permit
						  area.
(h) A bond credit or part of
						  a bond credit that is not used within 5 years from the date it is issued under
						  §
													86.293 (relating to issuance) or
						  released under §§
													86.170-86.175 will expire, including bond
						  credits that have been transferred.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › BONDING INCENTIVES › Section 86.295 - Forfeiture

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon forfeiture
						  under §
													86.181 (relating to general), the
						  Department will declare forfeit the amount reserved in the bond credit special
						  account in the Remining Financial Assurance Fund in addition to other bonds
						  posted by the operator to cover the reclamation obligation on a
						  permit.
(b) The Department's
						  declaration of forfeiture under this section does not excuse the operator from
						  meeting the requirements of this chapter or the act.
(c) Upon declaration of forfeiture and
						  collection of the bond credit, the Department will use the bond money and
						  reserved funds to complete the reclamation of the mine site in accordance with
						  the procedures and criteria in §§ 86.187-86.190.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.351 - License requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A person who intends to mine coal as an operator within
						  this Commonwealth shall first obtain a mine operator's license from 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 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.352 - Mine operator's license application

Current through Register Vol. 54, No. 28, July 13, 2024
Application for license shall be made in writing on
						  forms prepared and furnished by the Department and contain information
						  pertaining to:
(1) Identification of
						ownership.
(2) Public liability
						insurance.
(3) Compliance
						information.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.353 - Identification of ownership

Current through Register Vol. 54, No. 28, July 13, 2024
The application shall indicate whether the applicant is
						  a corporation, partnership, sole proprietorship, association or other business
						  entity. For all entities, the application shall contain the following
						  information, as applicable, for each person who owns or controls the applicant
						  under the definition of "owned or controlled" or "owns or controls" in §
												86.1 (relating to definitions)
						  except that the submission of a Social Security number is voluntary:
(1) The name, address, Social Security number
						and employer identification number of every:
(i) Officer.
(ii) Partner.
(iii) Associate.
(iv) Shareholder of at least 10% of the
						voting stock.
(v)
						Director.
(vi) Other person
						performing a function similar to a director of the applicant.
(vii) Person having the ability to commit the
						financial or real property assets or working resources of an entity.
(viii) Person who has another relationship
						with the applicant which gives the person authority directly or indirectly to
						determine the manner in which mining is conducted.
(ix) Person who owns or controls the persons
						specified in subparagraphs (i)-(viii), either directly or indirectly through
						intermediary entities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.354 - Public liability insurance

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant shall provide a certificate of insurance
						  for the term of the license covering all surface mining activities of the
						  applicant in this Commonwealth and in accordance with §
												86.168 (relating to terms and
						  conditions for liability insurance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.355 - Criteria for approval of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will not issue, renew or
						amend the license of any person who mines coal by the surface mining method if,
						after investigation and an opportunity for an informal conference, it finds one
						or more of the following:
(1) The applicant
						has failed, and continues to fail, to comply with an adjudicated proceeding,
						cessation order, consent order and agreement or decree, or as indicated by a
						written notice from the Department of a declaration of forfeiture of a person's
						bonds. The Department will consider the applicant to be in compliance, for
						purposes of determining whether the license will be issued, renewed or amended,
						when the applicant is in compliance with a schedule approved by the Department
						in writing.
(2) The applicant has
						shown a lack of ability or intention to comply with an adjudicated proceeding,
						cessation order, consent order and agreement or decree, or as indicated by
						written notice from the Department of a declaration of forfeiture of a person's
						bonds.
(3) The applicant has a
						partner, associate, officer, parent corporation, subsidiary corporation,
						contractor or subcontractor which has failed and continues to fail to comply
						with an adjudicated proceeding, cessation order, consent order and agreement or
						decree, or as indicated by a written notice from the Department of a
						declaration of forfeiture of a persons' bonds. The Department will consider the
						applicant to be in compliance, for purposes of determining whether the license
						shall be issued, renewed or amended, when the conduct is being corrected to the
						satisfaction of the Department in accordance with a schedule approved by the
						Department in writing.
(4) The
						applicant has a partner, associate, officer, parent corporation, subsidiary
						corporation, contractor or subcontractor which has shown a lack of ability or
						intention to comply with an adjudicated proceeding, cessation order, consent
						order and agreement or decree, or as indicated by a written notice from the
						Department of a declaration of forfeiture of a person's bonds.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.356 - License renewal requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person licensed as a mine operator shall renew the license annually according
						to the schedule established by the Department.
(b) The application for renewal shall be made
						at least 60 days before the current license expires.
(c) If the Department intends not to renew a
						license of any person who mines coal by the surface mining method, the
						Department will notify the licensee a minimum of 60 days prior to expiration of
						the license. Nothing in this section prevents the Department from not renewing
						the license for violations occurring or continuing within this 60-day period if
						the Department provides an opportunity for an informal conference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.357 - Informal conference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						applicant requests an informal conference, the applicant shall, within 15 days
						of receipt of notice under §
												86.355(c)
						(relating to criteria for approval of application), request, in writing, that
						the Department hold an informal conference to provide the applicant with an
						opportunity to informally discuss the Department's intention not to issue,
						renew or amend the license.
(b) If
						the applicant requests an informal conference under this section, the license
						shall remain in effect until the Department has made its decision after the
						informal conference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.358 - Suspension and revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department may suspend or revoke a license for the following reasons:
(1) Failure to comply with an order of the
						Department for which a supersedeas has not been granted.
(2) Failure to comply with the conditions of
						a permit.
(3) Failure to comply
						with the Surface Mining Conservation and Reclamation Act (52 P. S. §§
														1391.1-1396.19b) or the regulations
						thereunder.
(4) Failure to maintain
						public liability insurance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter K - MINE OPERATOR'S LICENSE › Section 86.359 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The application
						for licensure or renewal of licensure shall be accompanied by a fee of $50 in
						the case of persons mining 2,000 tons or less of marketable coal per year, a
						fee of $500 in the case of persons mining more than 2,000 or up to 300,000 tons
						of marketable coal per year and a fee of $1,000 for all others.
(b) A fee may be refunded at the applicant's
						request if the application is withdrawn prior to the Department deciding to
						issue or deny the license. Once the Department notifies the applicant of its
						final decision concerning issuance or denial of a license or renewal, the fee
						is not refundable.
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 A - GENERAL PROVISIONS › Section 87.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter specifies certain specific procedures and
						  rules for those who engage in surface mining activities. General rules and
						  procedures for those who engage in surface mining activities are provided for
						  in Chapter 86 (relating to surface and underground coal mining: general).
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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.41 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
Each permit application shall contain a description of
						  the existing, premining resources within the proposed permit and adjacent area
						  that may be impacted or affected by the proposed surface mining activities. The
						  description shall include all the information required in this subchapter.
This section cited in 25 Pa. Code §
														86.81 (relating to program
							 services).
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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.42 - General environmental resource information

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall describe and identify:
(1) The location and extent of the proposed
						surface mining activities for which a permit is being sought and an
						identification of the size, sequence and timing of those lands adjacent to the
						proposed permit area for which it is anticipated that individual permits for
						mining will be sought.
(2) The
						nature of archaeological, cultural and historic resources listed on or eligible
						for listing on the National Register of Historic Places and known
						archaeological sites within the permit and adjacent areas. The description
						shall be based on available information, including, but not limited to, data of
						the Historical and Museum Commission 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:
(i) The
						collection of additional information.
(ii) The conducting of field
						investigations.
(iii) 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 87 - SURFACE MINING OF COAL › Subchapter C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.43 - Description of hydrology and geology: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each application shall contain a
						description, in accordance with this section and §§
												87.44-87.47, of the geology, hydrology
						and water quality and quantity of lands within the proposed permit area, the
						adjacent area and the general area. The description shall include information
						on the characteristics of surface and groundwaters within the general area, and
						water which will flow into or receive discharges of water from the general
						area.
(b) Information on hydrology,
						water quality, and quantity and geology related to hydrology of areas outside
						the proposed permit area may be obtained from an appropriate Federal or State
						agency. If this information is not available from those agencies, the applicant
						may gather and submit this information to the Department as part of the permit
						application. However, the permit will not be approved until this information is
						made available in the application.
(c) The use of modeling or other predictive
						techniques may be included as part of the permit application, but the same
						surface and groundwater information may be required for each site as when
						models are not used.
This section cited in 25 Pa. Code §
														86.81 (relating to program
							 services).
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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.44 - Geology description

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall contain a description of the
						  geology within the proposed permit and adjacent area down to and including the
						  aquifer system that may be affected below the lowest coal seam to be mined
						  including the following:
(1) The
						stratigraphy and results of test borings from the proposed permit area,
						identifying the location of subsurface water if encountered, lithologic and
						physical characteristics, and thickness of each stratum and coal seam, and the
						actual surface elevation of the drill holes.
(2) The structure within the proposed permit
						and its relation to the structure of the general area.
(3) Chemical analyses of the coal and
						overburden or a request for a waiver. The Department may waive the chemical
						analysis after making a written determination that it has equivalent
						information in a satisfactory form.
(4) Location, identification and status of
						other mining within or adjacent to the proposed permit area.
(5) Other analysis or test borings within the
						proposed permit or adjacent area that the Department deems relevant for
						evaluation of the impact of the proposed activities on the hydrologic balance.
This section cited in 25 Pa. Code §
														86.81 (relating to program
							 services); 25 Pa. Code §
														86.261 (relating to program
							 services); 25 Pa. Code §
														87.43 (relating to description of
							 hydrology and geology: general requirements); and 25 Pa. Code §
														87.45 (relating to groundwater
							 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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.45 - Groundwater information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						application shall contain a description of the groundwater hydrology for the
						proposed permit and adjacent area, including, at a minimum:
(1) The depths to groundwater over the
						general area.
(2) The hydrologic
						characteristics of the strata described in §
													87.44 (relating to geology
						description).
(3) The uses of the
						groundwater.
(4) The chemical
						characteristics of groundwaters in the area, including a description of known
						groundwater quality problems. 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.
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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.46 - Surface water information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application shall contain a description of the surface waters, including the
						name of the watershed which will receive water discharges, the location of
						surface water bodies, such as streams, lakes, ponds and deep mine discharges
						and seeps, the location of a water discharge into a surface body of water and
						descriptions of surface drainage systems sufficient to identify, in detail, the
						seasonal variations in water quantity and quality within the proposed permit
						and adjacent areas.
(b) Surface
						water information shall include the following:
(1) The surface elevations and rate of flow
						of springs, seeps and deep mine discharges located within and adjacent to the
						proposed permit area.
(2) Minimum,
						maximum and average discharge conditions which identify critical low flow and
						peak discharge rates or streams sufficient to identify seasonal
						variations.
(3) Water quality data
						to identify the characteristics of surface waters in, discharging into, or
						which will receive flows from surface water or groundwater from the proposed
						permit area, sufficient to identify seasonal variations, showing the following:
(i) Total dissolved solids in milligrams per
						liter or specific conductance in micromhos per centimeter corrected to
						25°C.
(ii) Total suspended
						solids in milligrams per liter.
(iii) Acidity in milligrams per
						liter.
(iv) pH in standard
						units.
(v) Total iron in milligrams
						per liter.
(vi) Total manganese in
						milligrams per liter.
(vii)
						Alkalinity in milligrams per liter.
(viii) Sulfates in milligrams per
						liter.
(ix) Total aluminum in
						milligrams per liter.
(x) Other
						information as the Department determines relevant.
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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.47 - Alternative water supply information

Current through Register Vol. 54, No. 28, July 13, 2024
The application shall identify the extent to which the
						  proposed surface mining activities may result in contamination, diminution or
						  interruption of any water supply within the proposed permit or adjacent area.
						  If contamination, pollution, diminution or interruption may result, then the
						  description shall identify the means to restore or replace the affected water
						  supply in accordance with §
												87.119a (relating to hydrologic
						  balance: water rights and replacement), including cost calculations. The
						  Department will notify the owner of any potentially affected
						  supply.
The provisions of this §
														87.47 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of the Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														87.1 (relating to definitions); 25
							 Pa. Code §
														87.43 (relating to description of
							 hydrology and geology: general requirements); and 25 Pa. Code §
														86.81 (relating to program
							 services).
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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.48 - Climatology information

Current through Register Vol. 54, No. 28, July 13, 2024
When requested by the Department, the application shall
						  contain a statement of the climatological factors that are representative of
						  the proposed permit and adjacent area. The statement shall contain the
						  information the Department deems relevant to ensure compliance with the
						  requirements 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 87 - SURFACE MINING OF COAL › Subchapter C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.49 - Vegetation information

Current through Register Vol. 54, No. 28, July 13, 2024
Each application shall contain a description of the
						  extent of cover, in percent ground cover, of the natural vegetation within the
						  proposed permit area. When the postmining land use is wildlife habitat, the
						  description shall include information adequate to establish the stocking
						  standards of §
												87.155(b)(2)(iii)
						  (relating to revegetation: standards for successful revegetation). When
						  requested by the Department, the application shall contain a map or aerial
						  photograph that delineates existing vegetation types and a description of the
						  plant communities within the proposed permit and adjacent
						  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 C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.50 - Fish and wildlife resource information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall include fish and wildlife resource
						  information for the proposed permit area and adjacent area.
(1) The scope and level of detail for the
						information shall be determined by the Department in consultation with State
						and Federal agencies with responsibilities for fish and wildlife and shall be
						sufficient to design the protection and enhancement plan required under §
												87.84 (relating to fish and
						wildlife protection and enhancement plan).
(2) Site-specific resource information
						necessary to address the respective species or habitats are required when the
						proposed permit area or adjacent area is likely to include one or more of the
						following:
(i) Listed or proposed endangered
						or threatened species of plants or animals or their critical habitats listed by
						the United States Secretary of the Interior under the Endangered Species Act of
						1973, act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884), or species
						or habitats protected by Pennsylvania law or regulations, including species
						listed as threatened or endangered by the Game Commission and the Fish
						Commission.
(ii) Habitats of
						unusually high value for fish and wildlife, such as important streams,
						wetlands, riparian areas, cliffs supporting raptors, areas offering special
						shelter or protection, migration routes or reproduction and wintering
						areas.
(iii) Other species or
						habitats identified through agency consultation as requiring special protection
						under Pennsylvania 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 87 - SURFACE MINING OF COAL › Subchapter C - SURFACE COAL MINES: MINIMUM REQUIREMENTS FOR INFORMATION ON ENVIRONMENTAL RESOURCES › Section 87.52 - Land use information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						application shall contain a statement and map of the uses, conditions,
						capability and productivity of the land within the proposed permit area,
						including:
(1) The uses of the land existing
						at the time of application and, if the land use has changed within 5 years
						prior to time of application, the prior use of the land; and if the land has
						been previously mined and not reclaimed, the uses which preceded any
						mining.
(2) The capability of the
						land prior to any mining to support a variety of uses, giving consideration to
						soil and foundation characteristics, topography, vegetative cover and
						hydrology.
(3) The productivity of
						cropland, pastureland, land occasionally cut for hay or commercial forestland,
						expressed as average yield of food, fiber, forage or wood products. The
						productivity shall be determined by yield data or estimates for similar sites
						based on current data from the United States Department of Agriculture or the
						Pennsylvania Department of Agriculture.