reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › RELEASE OF BONDS › Section 77.243 - Criteria and schedule for release of bond

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A bond release or release from payment in
						  lieu of a bond applicable to a permit area or designated phase of a permit area
						  shall be released as follows:
(1) Up to 90%
						  of the total amount of bond attributable to that portion of reclamation
						  completed shall be released upon completion and approval by the Department for
						  Reclamation Stage I.
(2) The
						  balance shall be released for the entire permit area or designated phase of
						  permit upon Department approval of Reclamation Stage II liability
						  period.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 77.251 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
							 77.252-77.254 (relating to general;
							 procedures; and preservation of remedies) set forth the procedures and criteria
							 for the forfeiture of bond as a result of the permittee's failure to meet the
							 conditions upon the bond.
This section cited in 25 Pa. Code §
															77.195 (relating to Department
								responsibilities); and 25 Pa. Code §
															77.227 (relating to payment in
								lieu of bond (PILB)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 77.252 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will forfeit the bond, or make an equivalent declaration for payment in lieu of
						  bond for a permit if it determines that one of the following applies:
(1) The permittee has violated and continues
						  to violate terms or conditions of the bond.
(2) The permittee has failed and continues to
						  fail to conduct the mining or reclamation operations in accordance with the
						  act, this chapter or the conditions of the permit.
(3) The permittee has abandoned the permit
						  area.
(4) The permits for the area
						  under the bond have been revoked, and the permittee has failed to complete the
						  reclamation, abatement and revegetation required by the act, this chapter and
						  the conditions of the permit.
(5)
						  The permittee has failed to comply with a compliance schedule in an adjudicated
						  proceeding, consent order or agreement approved by the Department.
(6) The permittee has become insolvent, or
						  has a receiver appointed by the court; or a creditor of the permittee has
						  attached or executed a judgment against the permittee's equipment, materials
						  and facilities at the permit area or on the collateral pledged to the
						  Department; and the permittee cannot demonstrate or prove the ability to
						  continue to operate in compliance with the environmental acts, the act, this
						  chapter and the conditions of the permit.
(7) The permittee has failed to make payment
						  in lieu of bond.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 77.253 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If forfeiture
						  of the bond is required, the Department will:
(1) Send written notification by registered
						  or certified mail to the permittee, the surety on the bond and the bank issuing
						  a letter of credit of the Department's determination to forfeit the bond and
						  the reasons for the forfeiture.
(2)
						  Advise the permittee and surety of the right to appeal to the EHB under section
						  4 of the Environmental Hearing Board Act (35 P. S. §
															7514) and
						  2
						  Pa.C.S. §§
															501-508 and
						  701-704 (relating to the
						  Administrative Agency Law).
(3)
						  Proceed to collect on the bond as provided by applicable laws for the
						  collection of defaulted bonds or other debts, consistent with this section, if
						  timely appeal under Chapter 1021 (relating to practice and procedures) is not
						  filed, or if an appeal is filed, and if the appeal is
						  unsuccessful.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter D - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 77.254 - Preservation of remedies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Remedies provided in law for violation of the act, the Surface Mining
						  Conservation and Reclamation Act (52 P. S. §§
														1396.1-1396.19b), The Clean Streams Law
						  (35
						  P. S. §§
														691.1-691.1001), the Air
						  Pollution Control Act (35 P. S. §§
														4001-4015), the Dam Safety and Encroachments
						  Act (32 P. S. §§
														693.1-693.27), the Coal Refuse Disposal
						  Control Act (52 P. S. §§
														30.51-30.66), the Solid Waste Management Act
						  (35
						  P. S. §§
														6018.101-6018.1003) and
						  The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§
														1406.1-1406.21), regulations thereunder or
						  the conditions of the permits, are expressly preserved.
(b) Nothing in this subchapter is an
						  exclusive penalty or remedy for violations of law. Action taken under this
						  subchapter does not waive or impair other remedies or penalties provided in
						  law.
The provisions of this §
															77.254 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); and section 1920-A
								of The Administrative Code of 1929 (71 P. S. §
																510-20).
This section cited in 25 Pa. Code §
															77.195 (relating to Department
								responsibilities); 25 Pa. Code §
															77.227 (relating to payment in
								lieu of bond (PILB)); and 25 Pa. Code §
															77.251 (relating to
								scope).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 77.291 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is applicable to assessments of civil
							 penalties under:
(1) Section 21 of the
						  act (52 P.S. §
														3321).
(2) Section 605 of The Clean Streams Law
						  (35
						  P.S. §
														691.605).
This section cited in 25 Pa. Code §
															77.292 (relating to
								assessments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 77.292 - Assessments

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will review each violation which is or
							 may be subject to imposition of a civil penalty under the applicable provisions
							 of law in §
													77.291 (relating to
							 applicability). The purpose of this review is to determine whether a civil
							 penalty will be assessed and the amount of the penalty, and whether a separate
							 penalty will be assessed for each day of a continuing
							 violation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 77.293 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Cessation order.
(1) The
						  Department will assess a civil penalty of up to $5,000 per day for each
						  violation of the act or any rule, regulation, order of the Department or a
						  condition of any permit issued under the act which leads to a cessation
						  order.
(2) The Department will
						  assess a civil penalty of up to $10,000 per day for each violation of The Clean
						  Streams Law which leads to a cessation order.
(3) If a violation involves a failure to
						  correct within the period prescribed for its correction, a violation for which
						  a cessation order or other abatement order has been issued, a civil penalty of
						  at least $750 will be assessed for each day the violation continues beyond the
						  period prescribed for its correction.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 77.294 - System for assessment of penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department and, in event of appeal,
						  the EHB, will use the system described in this section to determine the amount
						  of the penalty, and, whether a mandatory penalty will be assessed as provided
						  in §
													77.293(b)
						  (relating to penalties). Unless otherwise indicated, the penalty may be set at
						  an amount from zero up to the maximum amount specified in this
						  subchapter.
(b) Civil penalties
						  will be assessed based upon the following criteria:
(1) The seriousness of the violation as to
						  environmental impact, public health and safety factors and damage to
						  property.
(2) The culpability of
						  the operator in causing or allowing the violation to occur and the operator's
						  history of violations during the prior 2 years.
(3) The speed of compliance exhibited by the
						  operator once notified that a violation exists.
(4) The costs to the Commonwealth to
						  investigate and correct the violation.
(5) The savings to the operator if the
						  violation resulted in economic benefit.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › PROCEDURES › Section 77.301 - Procedures for assessment of civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial review.
When the
						  Department determines that a civil penalty will be assessed, it will make an
						  initial review of the violation and will serve a copy of the results of the
						  initial review, including the civil penalty computations, on the party
						  responsible for the violation. The service will be by certified mail within 45
						  days of the Department-s issuance of the notice of violation or
						  order.
(b)
Assessment
						  conference
. Upon written request of the person to whom the results of
						  the initial review were sent, the Department will arrange an assessment
						  conference to discuss the results of the initial review, if the request is
						  received within 15 days of the date the results of the initial review were
						  received. The Department may upon its own motion arrange for an assessment
						  conference to discuss the results of the initial review.
(c)
Department
						  representative
.
(1) The Department
						  will assign a representative to hold the assessment conference. The assessment
						  conference will not be governed by requirements for formal adjudicatory
						  hearings, and it may be held at the convenience of the parties.
(2) The Department will consider relevant
						  information on the violation. After the conference is held, the Department may
						  do one of the following:
(i) Settle the
						  issues, in which case a settlement agreement will be prepared and signed by
						  appropriate representatives of the Department and the person
						  assessed.
(ii) Affirm, raise, lower
						  or vacate the penalty.
(3) The Department representative may
						  terminate the assessment conference when the representative determines that the
						  issues cannot be resolved or that the person assessed is not diligently working
						  toward resolution of the issues.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › PROCEDURES › Section 77.302 - Appeal procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  person charged with a violation may contest the penalty assessment by filing an
						  appeal with the EHB including with the appeal an amount equal to the assessed
						  penalty-to be held in escrow as provided in subsection (b) within 30 days from
						  receipt of the assessment. Payment under this section shall be cash in the form
						  of certified check, treasurer's check, bank check or cashier's check. In the
						  alternative, a person may file with the appeal an appeal bond in the amount of
						  the assessed civil penalty, the bond shall be executed by a surety who is
						  licensed to do business in this Commonwealth and is otherwise satisfactory to
						  the Department.
(b) The EHB will
						  transfer funds submitted under subsection (a) to the Office of the Comptroller
						  of the Department which will hold them in escrow pending completion of the
						  administrative and judicial review process, at which time it will disburse the
						  funds under §
													77.303 (relating to final
						  assessment and payment of penalty).
(c) An appeal from a penalty assessment will
						  not be deemed to be perfected unless a properly executed appeal bond or cash
						  equal to the full amount of the assessed penalty is received by the EHB within
						  30 days of appellant's receipt of the assessment or reassessment.
(d) A person may challenge either the fact of
						  the violation or the amount of the penalty once an appeal of that issue has
						  been perfected. In either challenge, the appellant will be bound as actions of
						  the Department which have become final under section 4 of the Environmental
						  Hearing Board Act (35 P. S. §
														7514). A
						  final action includes a compliance order which has become final, even though
						  the order addresses the same violation for which a civil penalty is
						  assessed.
This section cited in 25 Pa. Code §
															77.303 (relating to final
								assessment and payment of penalty).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter E - CIVIL PENALTIES FOR NONCOAL MINING ACTIVITIES › PROCEDURES › Section 77.303 - Final assessment and payment of penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the person to whom an assessment is
						  issued fails to file an appeal as provided in §
													77.302 (relating to appeal
						  procedures), the assessment shall become final and the penalty assessed shall
						  become due upon expiration of the time allowed to file the appeal.
(b) If a party requests judicial review of an
						  adjudication of the EHB, the initial penalty assessed shall continue to be held
						  in escrow until completion of the review. Otherwise, subject to subsection (c),
						  the escrowed funds shall be transferred to the Department in payment of the
						  penalty, and the escrow shall end.
(c) If the final decision in the
						  administrative and judicial review process results in an order reducing or
						  eliminating the proposed penalty assessed under this chapter, the Department
						  will within 30 days of receipt of the order refund to the person assessed all
						  or part of the escrowed amount, with interest accumulated by the escrow
						  deposit.
This section cited in 25 Pa. Code §
															77.302 (relating to appeal
								procedures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter F - ENFORCEMENT AND INSPECTION › Section 77.351 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
Violations once identified by a State inspector or
						  other appropriate official shall be corrected in a reasonable time, not to
						  exceed 90 days, as prescribed by the Department. Additional time to achieve
						  compliance may be granted if additional time is necessary to achieve the
						  standards in the environmental acts and the act and regulations promulgated
						  thereunder. The additional time may not be granted for reasons of financial
						  hardship but only when additional time is essential for the achievement of the
						  standards of environmental protection set forth in the environmental acts and
						  the act and regulations thereunder. The utilization of this provision by the
						  Department will not limit the Department from initiating another proceeding,
						  penalty action or other action available to it under the environmental acts and
						  the act and regulations thereunder. Other action may be initiated regardless of
						  a violator's compliance with this section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter F - ENFORCEMENT AND INSPECTION › Section 77.352 - Inspection authorization

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department and its agents and employes will:
(1) Have access to, and require the
						production of, books and papers, documents and physical evidence pertinent to a
						matter under investigation.
(2)
						Enter a building, property, premises or place where noncoal mining activities
						are conducted for the purpose of making an investigation or inspection as may
						be necessary to ascertain the compliance or noncompliance by a person with the
						environmental acts and the act and regulations thereunder.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter F - ENFORCEMENT AND INSPECTION › Section 77.353 - Inspection-general

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a Department inspection determines that there
						  is a violation of the act, the environmental acts, the regulations thereunder,
						  a permit or Department approval, the Department will notify the alleged
						  violator either by copy of the inspection report, notice of violation or
						  through Department order or other enforcement document. The failure of the
						  Department to issue a notice of a violation is not evidence of the absence of a
						  violation. The notices, documents or records will be available for public
						  inspection at the appropriate Department district office. If the operation is
						  active and personnel are onsite, a copy of the inspection report will be left
						  at the site.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.401 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
A permit application shall contain a description of the
						  existing premining resources within the proposed permit and adjacent area that
						  may be affected by the proposed surface mining activities. The description
						  shall include the information required in this subchapter. The Department may
						  waive, wholly or in part, the requirements of this subchapter for any category
						  of surface mining operation, if the Department determines that the requirement
						  is not needed to evaluate impacts on public health and safety and the
						  environment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.402 - General environmental resource information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall describe and identify the location
						  and extent of the proposed surface mining activities for which a permit is
						  being sought and an identification of the size and relative sequence of the
						  proposed noncoal mining activities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.403 - Description of hydrology and geology-general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To the extent necessary for the
						Department to evaluate the impacts of the type of noncoal operation, an
						application shall contain a description, under this section and §§
												77.404-77.407, of the geology, hydrology
						and water quality and quantity of surface waters and groundwaters within the
						general area, and water which will flow into or receive discharges of water
						from the general area. The information may be gathered from appropriate
						government agencies, if available.
(b) The use of modeling or other predictive
						techniques may be required by the Department as part of the permit application
						if the proposed mining activity has the potential to adversely impact water
						supplies, wetlands or waters of this Commonwealth and their affiliated uses.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.404 - Geology description

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a description of the
						  geology within the proposed permit and adjacent area down to and including the
						  first aquifer system that may be affected below the lowest mineral extraction
						  level, including the following:
(1)
						The stratigraphy and results of test borings or equivalent information from the
						proposed permit area identifying the location of subsurface water if
						encountered, lithologic and physical characteristics, and thickness of each
						stratum and the surface elevation of the drill holes.
(2) The structure within the proposed permit
						and its relation to the structure of the general area.
(3) A chemical analysis of the mineral and
						overburden with identification of horizons which contain potential
						acid-forming, toxic-forming or alkalinity producing material when deemed
						appropriate by the Department.
(4)
						Identification and status of other mining within or adjacent to the proposed
						permit area.
(5) Other analysis or
						information 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 §
														77.403 (relating to description of
							 hydrology and geology-general
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.405 - 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 general area, including:
(1) The depths to groundwater in the
						area.
(2) The uses of the
						groundwater.
(3) The chemical
						characteristics of groundwaters in the area including a description of known
						groundwater quality problems.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.406 - 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 springs, deep mine
						discharges and seeps, the location of a water discharge into a surface body of
						water and descriptions of surface drainage systems within the proposed permit
						and general area.
(b) Surface water
						information shall include the following:
(1)
						The surface elevations and rate of flow of springs, seeps and mine discharges
						located within areas that may be impacted by the proposed mining. For
						underground mines the information required by this section shall be provided
						for the area over the proposed mine.
(2) Minimum, maximum and average discharge
						conditions which identify critical low flow and peak discharge rates of streams
						when requested by the Department.
(3) Water quality data to identify the
						characteristics of surface waters in, discharging into, or which will receive
						flows from surface or groundwater from the proposed permit area, showing, if
						applicable:
(i) pH in standard
						units.
(ii) Other data the
						Department determines is relevant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.407 - 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 an underground or surface source of water within the proposed
						  permit or adjacent area for domestic, agricultural, industrial or other
						  legitimate use. If contamination, diminution or interruption may result, the
						  description shall identify the means to restore or replace the affected water
						  supply under §
												77.533 (relating to water rights
						  and replacement).
This section cited in 25 Pa. Code §
														77.403 (relating to description of
							 hydrology and geology-general
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.408 - Vegetation information

Current through Register Vol. 54, No. 28, July 13, 2024
When the postmining land use requires, an application
						  shall contain a description of the extent of cover, in percent groundcover, 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 §
												77.618(b)(2)
						  (relating to 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 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.409 - Land use information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a statement and map of the
						  uses, condition, capability and productivity of the land within the proposed
						  permit area, including:
(1) A map and
						supporting narrative of the uses of the land existing at the time of the filing
						of the application. Land use shall be in terms of specific land use or
						management activity. A statement of type of vegetation or cover is not
						adequate.
(2) A narrative of land
						capability and productivity, which analyzes the land-use description under
						paragraph (1) in conjunction with other environmental resources information
						required under this subchapter. The productivity of the proposed permit area
						before mining shall be expressed as average yield of food, fiber, forage or
						wood products from the lands. 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 Department of Agriculture.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter G - INFORMATION ON ENVIRONMENTAL RESOURCES › Section 77.410 - Maps, cross sections and related information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain maps and
						plans of the proposed permit area and within 1,000 feet of the permit area,
						except as otherwise designated by the Department, showing the following:
(1) The boundaries and names of present
						owners of record of land, both surface and subsurface, the owners of record for
						adjacent surface areas and the boundaries of the land within the proposed
						permit area which the applicant has the legal right to enter and begin noncoal
						mining activities.
(2) The
						boundaries of the land to be affected.
(3) The location, names of the owners and
						present occupants and the current use of buildings on and within 1,000 feet of
						the perimeter of the proposed permit area.
(4) The location and names of public
						highways, railroads, utility lines and other surface and subsurface manmade
						features.
(5) The location and name
						of current public and private surface water supplies that have intakes on the
						receiving stream within 10 miles downstream of the proposed permit area, public
						water supplies on or within 1/2 mile of the affected area, and private water
						supplies on or within 1,000 feet of the proposed permit area.
(6) The location and elevation of monitoring
						stations, springs, wells and sinkholes.
(7) The distance limitations designated under
						77.504 (relating to distance
						limitations and areas designated as unsuitable for mining).
(8) The boundaries of a public
						park.
(9) A public or private
						cemetery located in or within 1,000 feet of the permit area.
(10) The drainage area above and below the
						proposed permit area and the location of surface water bodies, such as streams,
						wetlands, lakes, ponds, springs, constructed or natural drains and irrigation
						ditches within the permit and adjacent areas.
(11) The local government and
						county.
(12) The elevation and
						location of test borings and core samplings.
(13) The location and extent of existing or
						previously deep or surface mined areas.
(14) The location and areal extent of
						existing areas of spoil, waste, noncoal waste disposal, dams, embankments and
						other water treatment and air pollution control facilities within the proposed
						permit area.
(15) The location of
						gas and oil wells within the proposed permit area.
(16) If applicable, coal crop lines, rider
						seams and strike and dip of the coal.
(17) Other information the Department deems
						relevant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.451 - Requirements

Current through Register Vol. 54, No. 28, July 13, 2024
As part of a permit application, the applicant shall
						  provide a description of the surface mining activities in the detail required
						  by the Department showing the manner in which this chapter will be met. The
						  description shall include, at a minimum, the information required in this
						  subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.452 - Operational information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a description of the
						  noncoal mining activities proposed to be conducted within the proposed permit
						  area, including the following:
(1) A
						description of the type and method of noncoal mining procedures and anticipated
						annual production.
(2) A
						description or explanation of the construction, modification, use, maintenance
						and removal of the following facilities, unless retention of the facilities is
						approved for postmining land use under §
												77.653 (relating to postmining
						land use):
(i) Impoundments.
(ii) Overburden, topsoil and noncoal waste
						storage areas.
(iii) Mineral
						removal, handling, storage, cleaning and transportation areas and other support
						facilities.
(iv) Water and air
						pollution control facilities.
(v)
						Erosion control facilities.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.453 - Blasting plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application for proposed blasting shall contain a blasting plan for the
						proposed permit area, explaining how the applicant intends to comply with
						§§
												77.561-77.565 (relating to use of
						explosives) and including the following:
(1)
						Drilling patterns, including size, number, depths and spacing of
						holes.
(2) Charge and packing of
						holes.
(3) Types of initiation and
						detonation controls.
(4) Sequence
						and timing of firing holes.
(5)
						Scaled distance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.454 - Maps and plans

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application shall contain maps and plans of the proposed permit area and areas
						within 1000 feet, except as otherwise designated by the Department, showing the
						following:
(1) The boundaries of lands to be
						affected by the proposed operation and the relative sequence of mining and
						reclamation.
(2) Buildings, utility
						corridors and facilities which will be used in the operation.
(3) Areas of land for which a bond will be
						posted under Subchapter D (relating to bonding and insurance
						requirements).
(4) Mineral storage,
						processing and loading areas.
(5)
						Overburden, topsoil, waste and noncoal waste storage areas.
(6) Water diversion, collection, conveyance,
						sedimentation and erosion control, treatment, storage and discharge facilities
						to be used.
(7) Air pollution
						collection and control facilities, if required.
(8) Waste disposal facilities relating to
						processing or pollution control.
(9) Explosive storage and handling
						facilities.
(10) The location of
						each sedimentation pond and permanent water impoundment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.455 - Air pollution control plan

Current through Register Vol. 54, No. 28, July 13, 2024
The description shall include an air pollution control
						  plan which includes the following:
(1)
						A plan for fugitive dust control practices, as required under §
												77.575 (relating to air resources
						protection), and if applicable, how the requirements of Chapters 123 and 127
						(relating to standards for contaminants; and construction, modification,
						reactivation and operation of sources) will be met.
(2) If requested by the Department, an air
						quality control monitoring program to provide sufficient data to evaluate the
						effectiveness of the air pollution control plan.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.456 - Reclamation information

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain a plan for the reclamation
						  of lands within the proposed permit area the following information:
(1) A timetable describing the steps to be
						taken in the reclamation plan and their relative sequence to each other to meet
						the requirements of §
												77.595 (relating to concurrent
						reclamation).
(2) An estimate of
						the cost of reclamation of the proposed operation to be covered by a bond under
						Subchapter D (relating to bonding and insurance requirements), with supporting
						calculations for the estimates, under §
												77.202 (relating to determination
						of bond amount).
(3) A plan for
						backfilling, soil stabilization, compacting and grading, or alternate land use
						with contour maps or cross sections that show the anticipated final surface
						configuration of the proposed permit area.
(4) A plan for removal, storage and
						redistribution of topsoil, subsoil and other material to meet the requirements
						of §§
												77.511-77.515 (relating to
						topsoil).
(5) A plan for
						revegetation as required in §§ 77.611-77.618 (relating to revegetation),
						including descriptions of the following:
(i)
						The schedule of revegetation.
(ii)
						The species and amounts per acre of seeds and seedlings to be used.
(iii) The method to be used in planting and
						seeding.
(iv) The mulching
						techniques, if required by the Department.
(v) The irrigation, if appropriate, and pest
						and disease control measures, if any.
(vi) The techniques proposed to be used to
						determine the success of revegetation as required in § 77.618 (relating to
						standards for successful revegetation).
(vii) A soil testing plan for determining
						nutrients and soil amendments as required by §
													77.515 (relating to nutrients and
						soil amendments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.457 - Protection of hydrologic balance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a
						description, with appropriate maps and cross sections of the measures to be
						taken during and after the proposed noncoal mining activities under Subchapter
						I (relating to environmental protection performance standards), to ensure the
						protection of the quality and quantity of surface water and groundwater, both
						within the proposed permit and adjacent areas, from the adverse effects of the
						proposed noncoal mining activities, and the rights of present users of surface
						water and groundwater along with a determination of the hydrologic consequences
						of the proposed noncoal mining activities.
(b) An application shall also contain the
						following in the detail required by the Department:
(1) A plan for the control, under Subchapter
						I, of surface water and groundwater drainage into, through and out of the
						proposed permit and adjacent area.
(2) A plan for the treatment, under
						Subchapter I, if necessary, of surface water and groundwater drainage from the
						area to be disturbed by the proposed activities to meet the effluent standards
						under §
													77.522 (relating to effluent
						standards).
(3) A plan for the
						collection, recording and reporting of groundwater and surface water quality
						and quantity data under §
													77.532 (relating to surface water
						and groundwater monitoring).
(4) A
						determination of the probable effects on the surface water and groundwater of
						the proposed mining activities, on the proposed permit and adjacent area, with
						respect to the hydrologic regime and the quantity and quality of water in
						surface water and groundwater systems, including the parameters the Department
						deems relevant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.458 - Erosion and sedimentation control plan

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain the necessary information
						  to demonstrate how the proposed sediment control measures for the surface
						  mining and reclamation operation will meet the requirements of Chapter 102
						  (relating to erosion and sediment control) and the additional sediment control
						  requirements of §
												77.525 (relating to sediment
						  control measures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.459 - Stream diversions, water obstructions and encroachments

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall contain the necessary information
						  to demonstrate how each proposed water obstruction and encroachment will meet
						  the requirements of Chapter 105 (relating to dam safety and waterway
						  management) and §
												77.523 (relating to water
						  obstructions and encroachments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.460 - Diversions

Current through Register Vol. 54, No. 28, July 13, 2024
An application shall show the manner in which the
						  applicant plans to divert water from entering the operation under §
												77.524 (relating to diversions and
						  conveyance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 77 - NONCOAL MINING › Subchapter H - REQUIREMENTS FOR OPERATION AND RECLAMATION PLAN › Section 77.461 - Dams, ponds, embankments and impoundments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An application shall contain a general
						plan and a design plan in the detail required by the Department for each
						temporary and permanent dam, pond, embankment or impoundment within the
						proposed permit area.
(b) The
						general plan shall contain the following:
(1)
						A description, map and cross section of the structure and its
						location.
(2) Preliminary
						hydrologic and geologic information required to assess the hydrologic impact of
						the structure if requested by the Department.
(3) A survey describing the potential effect
						on the structure from subsidence of the subsurface strata resulting from past
						underground mining operations if underground mining has
						occurred.