reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.296 - Hydrologic balance: sediment control measures

Current through Register Vol. 54, No. 28, July 13, 2024
Appropriate sediment control measures shall be
						  designed, constructed and maintained to:
(1) Prevent, to the extent possible,
						additional contributions of sediment to streamflow or to runoff outside the
						affected area.
(2) Meet the
						treatment and effluent requirements of §
												88.292 (relating to hydrologic
						balance: effluent standards).
(3)
						Minimize erosion to the extent possible.
(4) Meet the requirements of Chapter 102
						(relating to erosion and sediment control).
This section cited in 25 Pa. Code §
														88.335 (relating to haul roads and
							 access roads: general).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.297 - 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) Flow is infrequent and presents
						small and infrequent treatment requirements to meet the applicable effluent
						limitations.
(2) Timely and
						consistent treatment is ensured.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.298 - Hydrologic balance: sedimentation ponds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All surface drainage from the disturbed
						area shall be passed through a sedimentation pond or a series of sedimentation
						ponds before leaving the permit area.
(b) If sedimentation ponds are utilized, they
						are to be constructed in locations which will ensure their effectiveness. The
						ponds shall be located as near as possible to the area to be disturbed and out
						of perennial and intermittent streams. Ponds may be located in intermittent
						streams provided the requirements of Chapter 105 (relating to dam safety and
						waterway management) are met. They shall be maintained until the disturbed area
						has been restored and the vegetation requirements have been met.
(c) The Department may waive the required use
						of sedimentation ponds when the person who conducts coal refuse disposal
						activities demonstrates to the satisfaction of the Department that sediment
						ponds are not necessary to meet the effluent limitations under §
												88.292 (relating to hydrologic
						balance: effluent standards).
(d)
						The following apply to sedimentation ponds:
(1) Where possible, the discharge from a
						sedimentation pond shall be to a natural waterway and located to avoid
						additional contact with acid and toxic forming material.
(2) Sedimentation ponds shall be structurally
						sound and at a minimum meet the requirements of §
													88.302 (relating to hydrologic
						balance: dams, ponds, embankments and impoundments-design, construction and
						maintenance).
(3) Sediment ponds
						shall meet the requirements of Chapter 102 (relating to erosion and sediment
						control).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.299 - 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 or
						  other devices, if necessary, to reduce erosion, to prevent deepening or
						  enlargement of stream channels and to minimize disturbance of the hydrologic
						  balance. Discharge structures shall be designed according to standard
						  engineering-design procedures.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.301 - Hydrologic balance: permanent impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
Permanent impoundments may be authorized by the
						  Department, upon the basis of the following 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 shall not degrade the quality of receiving waters to less
						than the water quality standards established under §
												88.292 (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 will not result in the
						diminution of the quality or quantity of water used by adjacent or surrounding
						landowners for agricultural, industrial, recreational or domestic
						uses.
(5) The design, construction
						and maintenance of structures shall achieve the minimum requirements of §
												88.302 (relating to hydrologic
						balance: dams, ponds, embankments and impoundments-design, construction and
						maintenance).
(6) The size of the
						impoundment is adequate for its intended purposes.
(7) The impoundment will be suitable for the
						approved postmining use.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.302 - 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 criteria of Chapter 105
						(relating to dam safety and waterway management) shall be designed, constructed
						and maintained in accordance with Chapter 105.
(b) The design, construction and maintenance
						of dams, ponds, embankments and impoundments that are not of the class of
						subsection (a) shall achieve the minimum design criteria contained in United
						States Natural Resources Conservation Service's Pennsylvania Field Office
						Technical Guide, Section IV, Standards 350 "Sediment Basin" and 378, "Pond," as
						amended. In addition to the requirements in "Sediment Basin," a minimum static
						safety factor of 1.3 is required.
The provisions of this §
														88.302 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
This section cited in 25 Pa. Code §
														88.298 (relating to hydrologic
							 balance: sedimentation ponds); and 25 Pa. Code §
														88.301 (relating to hydrologic
							 balance: permanent impoundments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.303 - Hydrologic balance: coal processing waste dams and embankments

Current through Register Vol. 54, No. 28, July 13, 2024
A dam and embankment constructed of coal processing
						  waste or intended to impound coal processing waste, shall meet the requirement
						  criteria established under Chapter 105 (relating to dam safety and waterway
						  management) and the United States Natural Resources Conservation Service's
Pennsylvania Field Office Technical Guide, Section IV, Standard 378,
						  "Pond"
, as applicable.
The provisions of this §
														88.303 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.304 - Hydrologic balance: discharge of water into an underground mine

Current through Register Vol. 54, No. 28, July 13, 2024
Surface water or groundwater refuse disposal activities
						  shall not be piped or channeled to underground mine workings.
This section cited in 25 Pa. Code §
														88.316 (relating to coal refuse
							 disposal: abandoned unreclaimed surface
							 mines).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.305 - Hydrologic balance: groundwater monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Groundwater levels, subsurface flow and
						the quality of groundwater shall be monitored in a manner approved by the
						Department to determine the effects of coal refuse disposal activities on the
						reclaimed lands and on the quantity and quality of groundwater in the permit
						and adjacent areas.
(b) When coal
						refuse disposal activities may affect the groundwater systems which serve as
						aquifers which ensure the hydrologic balance of water use on or off the permit
						area, groundwater levels and groundwater quality shall be monitored. Monitoring
						shall include measurements from a sufficient number of sources and chemical
						analyses of water from aquifers that are adequate to reflect changes in
						groundwater quality and quantity resulting from those activities. Monitoring
						shall be adequate to plan for modification of coal refuse disposal activities,
						if necessary, to prevent, to the extent possible, disturbance of the prevailing
						hydrologic balance. At a minimum, total dissolved solids or specific
						conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total
						manganese, sulfates and water levels shall be monitored and reported to the
						Department at least every 3 months for each monitoring location.
(c) The Department may require the operator
						to conduct additional hydrologic tests, including, but not limited to,
						drilling, infiltration tests, aquifer tests, chemical and mineralogic analyses
						of overburden and spoil to demonstrate compliance with this section.
(d) The Department may require the operator
						to conduct monitoring and reporting more frequently than every 3 months, and to
						monitor additional parameters beyond the minimum specified in this
						section.
The provisions of this §
														88.305 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 §
														88.283 (relatinig to sealing of
							 drilled holes: general
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.306 - Hydrologic balance: surface water monitoring

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the monitoring and
						reporting requirements established by the Department under Chapter 92a
						(relating to National Pollutant Discharge Elimination System permitting,
						monitoring and compliance), surface water shall be monitored to measure and
						record accurately the water quantity and quality of the discharges from the
						permit area and the effect of the discharge on the receiving waters. Surface
						water shall be monitored for parameters that relate to the suitability of the
						surface water for current and approved postmining land uses and to the
						objectives for protection of the hydrologic balance as set forth in §
												88.49 (relating to protection of
						hydrologic balance). At a minimum, total dissolved solids or specific
						conductance corrected to 25°C, total suspended solids, pH, acidity,
						alkalinity, total iron, total manganese, sulfates and flow shall be monitored
						and reported to the Department every 3 months for each monitoring
						location.
(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 §
														88.306 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P.S. §§
															691.1-691.1001); section 1920-A of The
							 Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.307 - Hydrologic balance: water rights and replacement

Current through Register Vol. 54, No. 28, July 13, 2024
The operator of any mine which affects a water supply
						  by contamination, pollution, diminution or interruption shall restore or
						  replace the affected water supply with an alternate source, adequate in water
						  quality and water quantity, for the purpose served by the supply. For the
						  purpose of this section, the term water supply includes any existing or
						  currently designated or currently planned source of water or facility or system
						  for the supply of water for human consumption or for agricultural, commercial,
						  industrial or other uses.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.308 - Hydrologic balance: permanent postdisposal renovation of sedimentation ponds, diversions, impoundments and treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
At the completion of coal refuse disposal activities,
						  the person who conducts the refuse disposal activities shall renovate as
						  required by the Department, allpermanent sedimentation ponds, diversions,
						  impoundments and treatment facilities to meet criteria specified in the
						  detailed design plan for the permanent structures and impoundments.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.310 - Coal refuse disposal: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal refuse shall be hauled or conveyed
						to and placed in designated disposal areas authorized for that purpose. The
						refuse shall be placed in a controlled manner to ensure the following:
(1) The land mass designated as the disposal
						area is suitable for reclamation and revegetation compatible with the natural
						surroundings.
(2) Stability of the
						disposal area.
(3) Leachate and
						surface runoff from the disposal area will not degrade surface waters or
						groundwaters or exceed the established effluent
						limitations.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.311 - Coal refuse disposal: durable rockfills

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may approve alternate methods for
						  disposal of hard rock spoil, including fill placement by dumping in a single
						  lift, provided the services of a registered professional engineer experienced
						  in the design and construction of earth and rockfill embankments are utilized.
						  For this section, hard rock spoil shall be defined as rockfill consisting of at
						  least 80% by volume of sandstone, limestone, or other rocks that do not slake
						  in water. Spoil shall be transported and placed in a specified and controlled
						  manner which will ensure stability of the disposal area. The method of spoil
						  placement shall be designed to ensure mass stability and prevent mass movement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.312 - Coal refuse disposal: site inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The coal refuse disposal area shall be
						inspected for stability by a registered engineer or other qualified specialist
						experienced in the construction of earth and rock fill embankments at least
						quarterly throughout construction and during the following critical
						construction periods: removal of all organic material and topsoil; placement of
						underdrainage systems; installation of surface drainage systems; placement and
						compaction of fill materials; and revegetation. The registered engineer or
						other qualified professional specialist shall provide to the Department a
						certified report within 2 weeks after each inspection that the fill has been
						constructed as specified in the design approved by the Department. A copy of
						the report shall be retained at the coal refuse disposal site.
(b) If any inspection discloses that
						potential hazard exists, the Department shall be informed promptly of the
						findings and the actions to abate the potential hazard.
(c) If any inspection discloses that an
						eminent danger exists, the Department shall be informed promptly of the
						findings and of the emergency procedures formulated for public protection and
						remedial action. The permittee shall immediately notify the appropriate
						emergency agencies and residences immediately downstream of the affected
						area.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.313 - Coal refuse disposal: construction requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Coal refuse banks shall have a minimum
						static factor of safety of 1.5 and a seismic factor of safety of 1.2.
(b) Following grading of the facility, the
						site shall be covered with a final layer of nontoxic, noncombustible material
						and soil suitable for revegetation as soon as practicable after placing the
						final layer of material being disposed, and revegetated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.314 - Coal refuse disposal: burning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person conducting the disposal
						activities shall take immediate action to extinguish fires or hot spots in
						accordance with a plan approved by the regulatory authority and the Mine Safety
						and Health Administration. The plan shall contain, at a minimum, provisions to
						ensure that only persons authorized by the operator, and who have an
						understanding of the procedure to be used, shall be involved in the
						extinguishing operations.
(b) Coal
						refuse may not be deposited on or near any portion of a coal refuse disposal
						area known to be burning.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.315 - Coal refuse disposal: active surface mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons disposing of coal refuse in
						active surface mines shall meet the requirements of Subchapter B (relating to
						surface anthracite coal mines: minimum environmental protection performance
						standards).
(b) The refuse shall be
						disposed at a minimum of 5 feet above the base of the bottom rock and a minimum
						of 5 feet from the highwall.
(c)
						The Department may limit the volume or amount of coal refuse disposal in an
						active surface mine based on achieving the AOC and insuring pollution will not
						occur.
(d) The coal refuse will not
						be deposited against any exposed coal seams. All exposed coal seams will be
						covered by nonacid, nontoxic and noncombustible spoil to a thickness adequate
						to prevent combustion of the coal seam.
This section cited in 25 Pa. Code §
														88.281 (relating to
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.316 - Coal refuse disposal: abandoned unreclaimed surface mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant shall demonstrate that the
						overburden and coal refuse can be graded to AOC or approved alternative
						designed plan, and will not create a pollution problem.
(b) Coal refuse which is to be submerged in
						abandoned water-filled surface mines shall meet the requirements of §
												88.304 (relating to hydrologic
						balance: discharge of water into an underground mine). There may not be a
						discharge from such mines.
(c) The
						refuse shall be disposed at a minimum of 10 feet above the base of the pit
						floor unless the disposal design plan specifies submerging the coal refuse in
						water-filled surface mines.
(d) The
						coal refuse may not be deposited against any exposed coal seams. All exposed
						coal seams will be covered by nonacid, nontoxic and noncombustible spoil to a
						thickness adequate to prevent combustion of the coal seam.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.317 - Air resources protection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Air
						pollution control measures shall be planned and employed as an integral part of
						the coal refuse disposal activities and shall meet the following requirements:
						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).
(b) The fugitive dust
						control measures shall include as necessary, but not limited to, fugitive dust
						control measures shall demonstrate compliance with Chapters 121, 123, 127 and
						129.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.318 - Coal refuse dams: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Dams and embankments, constructed of coal
						refuse and intended to impound coal refuse, whether they were completed before
						adoption of the regulatory program or are intended to be completed thereafter,
						shall comply with these regulations.
(b) Waste used in the construction of dams
						and embankments shall be demonstrated to the regulatory authority that the
						stability of such a structure conforms with the requirements of this
						subchapter. It shall also be demonstrated that the use of waste material will
						not have a detrimental effect on downstream water quality or the environment
						due to acid or other pollutional seepage through the dam or embankment. All
						demonstrations shall be submitted to and approved by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.319 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.320 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.321 - 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 in a manner that fires are prevented
						  and the area remains stable and suitable for reclamation and revegetation.
						  Noncoal waste materials including, but not limited to, wood, cloth, waste
						  paper, oil, grease and garbage may not be deposited in a coal refuse disposal
						  pile or impounding structure.
The provisions of this §
														88.321 amended under the Surface
							 Mining Conservation and Reclamation Act (52 P. S.
							 §§
															1396.1-1396.19a); The Clean
							 Streams Law (35 P. S. §§
															691.1-691.1001); and section 1920-A of The
							 Administrative Code of 1929 (71 P. S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.322 - Revegetation: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vegetation shall be established on all
						land affected by refuse disposal activities.
(b) When considering vegetation requirements,
						the Department shall provide for a diverse, effective and permanent vegetative
						cover of the same seasonal variety native to the area of land to be affected
						and capable of self-regeneration and plant succession at least equal in extent
						of cover to the natural vegetation of the area; except that introduced species
						may be used in the revegetation process when desirable and necessary to achieve
						the approved postdisposal land use plan.
(c) Revegetation shall provide a quick,
						fast-growing vegetative cover capable of stabilizing the soil surface from
						erosion.
(d) Revegetation shall be
						completed in accordance with the reclamation plan of the permit application as
						approved by the Department.
(e)
						Revegetation shall be consistent with the predisposal vegetation and support
						the approved postdisposal land use as specified in the permit
						application.
This section cited in 25 Pa. Code §
														86.151 (relating to period of
							 liability); 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil amendments); and 25 Pa. Code
							 §
														88.341 (relating to haul roads and
							 access roads: restoration).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.323 - Revegetation: timing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Revegetation of disturbed areas shall be conducted no later than the first
						normal period for favorable planting conditions after soil replacement and
						final grading of the soil surface for seeding and planting.
(b) Revegetation of disturbed areas shall be
						coordinated with soil replacement so that a minimum amount of time exists
						between the time soil is replaced and revegetation is completed.
(c) The periods for favorable planting of
						permanent herbaceous species are as follows:
(1) The spring planting season shall begin as
						early as soil conditions permit and shall terminate no later than May
						30.
(2) The late summer planting
						season shall begin August 10 and shall terminate no later than September
						15.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.324 - Revegetation: introduced species

Current through Register Vol. 54, No. 28, July 13, 2024
The use of introduced species in the revegetation
						  process may be approved by the Department under the following conditions:
(1) The species have been proven
						acceptable through field trials to be capable of providing permanent vegetation
						and are desirable and necessary to achieve the approved postmining land
						use.
(2) The species are necessary
						to achieve a quick, temporary and stabilizing cover that aids in controlling
						erosion.
(3) The species are
						compatible with the plant and animal species of the region.
(4) The species meet the requirements of
						applicable State and Federal seed or introduced species statutes and are not
						poisonous or noxious.
This section cited in 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil
							 amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.325 - Revegetation: grass, legume and small species and seed standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Legume seed
						shall be inoculated or treated with the specific inoculant for that seed and
						the seed shall be seeded within 24 hours after treatment.
(b) Legume seed of birdsfoot trefoil and
						crownvetch shall contain at least 25% hard seed. All other legume species shall
						contain the highest possible percentage of hard seed.
(c) The species and rate of application of
						each species used in a seed mixture shall be indicated in the revegetation
						plan.
(d) A schedule for
						revegetation of species shall be indicated with the information requested in
						the revegetation plan, and the schedule shall indicate the seed mixture and the
						time or season of the year when the seed mixture will be used.
This section cited in 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil
							 amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.326 - Revegetation: tree and shrub species and seedling standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A single tree or shrub species may not
						comprise more than 50% of the total number of seedlings planted.
(b) When the approved postdisposal land use
						is wildlife habitat, unless alternate plans are approved or required by the
						Department, a minimum of 75% of the land affected shall be planted with a
						mixture of woody plant species. Woody plants shall include deciduous and
						coniferous tree species and shrub species which provide a diverse plant
						community.
This section cited in 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil amendments); and 25 Pa. Code
							 §
														88.330 (relating to revegetation:
							 standards for successful
							 revegetation).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.327 - Revegetation: seedbed preparation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The soil surface shall be prepared by
						disking or harrowing unless soil conditions or steep slopes prohibit such a
						practice.
(b) When disking or
						harrowing is not possible, the soil surface shall be scarified by any
						mechanical method which will loosen the surface material. Scarification shall
						not be required if seeding is done immediately following final grading when the
						soil is still loose.
This section cited in 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil
							 amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.328 - Revegetation: mulching

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mulch
						shall be applied to all affected land with exceptions permitted by the
						Department under the following conditions:
(1)
						When seeding can be accomplished using a conventional agricultural farm
						drill.
(2) When the approved
						postdisposal land use is for agricultural row crops.
(3) When annual grasses or small grains can
						be seeded immediately following final grading resulting in a quick vegetable
						cover which will provide adequate soil erosion control.
(4) When the permittee can demonstrate that
						alternative procedures will achieve the standards for revegetation
						success.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.329 - Revegetation: periods of responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
The permittee shall assume responsibility for
						  successful revegetation for a minimum of 5 full consecutive years after initial
						  planting and the standard for success has been met for 2 consecutive years.
This section cited in 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil
							 amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.330 - Revegetation: standards for successful revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The standards for successful vegetation
						shall be determined by ground cover, unless the approved postmining land use is
						cropland, in which case the standards shall be based upon crop productivity or
						yield. The standards for successful revegetation of pastureland shall be
						determined by ground cover.
(b) The
						approved standard shall be a minimum of 70% ground cover of permanent plant
						species with not more than 1.0% of the area having less than 30% ground cover
						of permanent plant species. When woody species are planted in mixture with
						herbaceous species, the standards in this section shall be met, and 400 woody
						plants per acre shall be established except:
(1) On slopes greater than 20 degrees, the
						minimum number of woody plants shall be 600 per acre.
(2) When the approved postmining land use is
						commercial forest land, the minimum number of woody plants shall be 450 living
						commercial trees per acre.
(3) When
						the approved postdisposal land use is wildlife habitat, the requirements of
						§
													88.326(b)
						(relating to revegetation: tree and shrub species and seedling standards) shall
						apply and the areas approved for planting woody species shall have a minimum of
						400 woody plants per acre.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.331 - Revegetation: techniques and frequency of measurement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The techniques proposed to be used by the
						refuse disposal permittee shall be approved by the Department and shall be
						specified in the revegetation plan.
(b) The permittee shall conduct periodic
						measurements of vegetation to identify conditions during the applicable periods
						of responsibilities specified. The permittee shall report the findings of these
						measurements to the Department.
This section cited in 25 Pa. Code §
														88.281 (relating to requirements);
							 and 25 Pa. Code §
														88.290 (relating to
							 vegetation-supporting material: nutrients and soil
							 amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.332 - Cessation of operations: temporary

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before temporary cessation status of
						operations for a period of 30 days or more, an operator shall submit to the
						Department a notice of intention to temporarily cease operations. The notice
						shall include all of the following:
(1) A
						statement of the exact number of acres affected in the permit area.
(2) A description of the extent and kind of
						reclamation of the areas.
(3)
						Identification of the backfilling, regrading, revegetation, environmental
						monitoring and water treatment activities that will continue during the
						temporary cessation status.
(4) A
						description of the status of all operations that are a source of the coal
						refuse.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.333 - Cessation of operations: permanent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Operations that are permanently ceased
						shall be backfilled or closed or otherwise permanently reclaimed in accordance
						with this chapter and the permit. All underground openings, equipment,
						structures or other facilities not required for monitoring, unless approved by
						the Department as suitable for the postmining land use, shall be removed and
						the affected land reclaimed.
(b)
						Unless coal refuse disposal operations resume as specified in §
												88.332(d) or (e)
						(relating to cessation of operations: temporary), termination of temporary
						cessation status will place the mining operation in permanent cessation status
						and subject to the provisions of subsection (a). Temporary cessation status
						will terminate for operations that fail to comply with any of the following:
(1) A final adjudicated proceeding as defined
						under §
													86.355(e)
						(relating to criteria for approval of application) as a result of an act or
						omission which violates the acts as defined in §
													86.1 (relating to definitions),
						this chapter or Chapters 86, 87, 89 or 90.
(2) A permit condition required by the acts,
						this chapter or Chapters 86, 87, 89 or 90.
(3) A consent order and agreement or a
						consent order.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.334 - Postdisposal land use

Current through Register Vol. 54, No. 28, July 13, 2024
(a) All
						affected areas shall be restored in a timely manner to conditions that are
						capable of supporting the uses which they were capable of supporting before
						refuse disposal, or to higher or better uses achievable under criteria and
						procedures of this section and prior to the release of land from the permit
						area in accordance with Chapter 86, Subchapter F (relating to bonding and
						insurance requirements).
(b) The
						predisposal use of land to which the postdisposal land use is compared shall be
						determined by the following:
(1) The
						postdisposal land use for land that has not been previously mined and has been
						properly managed shall be judged on the basis of those uses which the land
						previously supported.
(2) The
						postdisposal land use for land that has been previously mined and not reclaimed
						shall be judged on the basis of the condition prior to mining or to a higher or
						better use that can be achieved and is compatible with surrounding
						areas.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.336 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.337 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter D - ANTHRACITE REFUSE DISPOSAL: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.338 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024