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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.103 - 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 by Chapter 105 (relating to dam safety and waterway
						  management) and the United States Natural Resources Service's
Pennsylvania Field Office Technical Guide, Section IV, Standard 378,
						  "Pond"
as applicable.
The provisions of this §
														88.103 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.104 - Hydrologic balance: discharge of water into an underground mine

Current through Register Vol. 54, No. 28, July 13, 2024
Surface water or groundwater from surface mining
						  activities may not be piped or channeled to underground mine workings.
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.105 - 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 surface mining activities on the
						reclaimed lands and on the quantity and quality of water in groundwater systems
						in the permit and adjacent areas.
(b) When surface mining 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 maximum 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 §
														88.105 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 §
														88.49 (relating to protection of
							 hydrologic balance); 25 Pa. Code §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.106 - 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 §
														88.106 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 §
														88.49 (relating to protection of
							 hydrologic balance); 25 Pa. Code §
														88.83 (relating to sealing of
							 drilled holes: general requirements); 25 Pa. Code §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.107 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this §
														88.107 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); deleted under section 5 of The Clean
							 Streams Law (35 P.S. §
															691.5);
							 sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act
							 (52
							 P.S. §§
															1396.4(a)
							 and 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.107a - Hydrologic balance: water rights and replacement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Water supply surveys.
The operator or mine owner shall conduct a survey of the quantity and quality
						of all water supplies within the permit area and those in adjacent areas that
						may be affected by mining activities, except when the water supply owner denies
						the operator or mine owner access for the survey.
(1) The survey must include the following
						information to the extent that it can be collected without excessive
						inconvenience to the water supply owner or water supply user:
(i) The location and type of water
						supply.
(ii) The existing and
						reasonably foreseeable uses of the water supply.
(iii) The chemical and physical
						characteristics of the water, including, at a minimum, total dissolved solids
						or specific conductance corrected to 25°C, pH, total iron, total manganese,
						acidity, alkalinity and sulfates. Additional parameters, including hardness and
						total coliform, may be required by the Department based on the local aquifer
						conditions and the characteristics of the water supply and uses. An operator or
						mine owner who obtains water samples in a premining or postmining survey shall
						utilize a certified laboratory to analyze the samples. For water supplies with
						existing treatment, the treatment system must be documented, and a chemical
						analysis of the untreated water shall be obtained if a sample that bypasses the
						treatment can feasibly be collected.
(iv) Historic and recent quantity
						measurements and other hydrogeologic data such as the static water level and
						yield determination.
(v) The
						physical description of the water supply, including the depth and diameter of
						the well, length of casing, and description of the treatment and distribution
						systems.
(vi) Sufficient sampling
						and other measurements to document the seasonal variation in hydrologic
						conditions of the water supply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.108 - Hydrologic balance: permanent postmining renovation of sedimentation ponds, diversions, impoundments and treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
At the completion of surface mining activities, the
						  person who conducts the surface mining activities shall renovate as required by
						  the Department all permanent sedimentation ponds, diversions, impoundments and
						  treatment facilities to meet criteria specified in the detailed design plan for
						  the permanent structures and impoundments.
This section cited in 25 Pa. Code §
														88.381 (relating to 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.110 - Disposal of excess spoil: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Spoil not required to backfill and
						reclaim within the area where overburden has been removed shall be hauled or
						conveyed to and placed in designated disposal areas approved by the Department.
						The spoil shall be placed in a controlled manner to ensure:
(1) That 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) That
						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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.111 - Disposal of excess spoil: abandoned strip mines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The applicant shall demonstrate that the
						overburden or excess spoil placed in abandoned strip mines can be graded to
						AOCs or an approved alternate design plan, which will conform to adjacent
						topography and be free of any polluting hazards.
(b) Spoil will be disposed of in such a
						manner that the pit, as it is being backfilled, is free of voids and
						depressions.
(c) Spoil disposed of
						in water-filled surface mines shall meet the applicable requirements of
						Subchapter D (relating to anthracite refuse disposal: minimum environmental
						protection performance standards).
This section cited in 25 Pa. Code §
														88.381 (relating to 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.112 - 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.113 - Protection of underground mining

Current through Register Vol. 54, No. 28, July 13, 2024
No surface coal mining activities may be conducted in
						  close proximity to any point of an active underground mine, to the extent that
						  the surface mining activities could be declared a nuisance and danger to the
						  health, safety and welfare of persons within an active underground mine. All
						  surface mining activities shall be conducted with and in compliance with the
						  Pennsylvania Anthracite Coal Mine Act (52 P. S. §§
													70-101-70-145).
This section cited in 25 Pa. Code §
														88.54 (relating to surface mining
							 near underground mining); and 25 Pa. Code §
														88.381 (relating to 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.114 - Air resources protection

Current through Register Vol. 54, No. 28, July 13, 2024
Air pollution control measures shall be planned and
						  employed as an integral part of the surface mining activities and shall meet
						  the following requirements:
(1) If
						processing facilities are to be used at the mining site, the facilities shall
						meet the requirements of Chapters 123 and 127 (relating to standards for
						contaminants; and construction, modification, reactivation and operation of
						sources).
(2) Fugitive dust control
						measures shall demonstrate compliance with Chapters 121, 123, 127 and
						129.
This section cited in 25 Pa. Code §
														88.381 (relating to 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.115 - Backfilling and grading: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Disturbed areas shall be returned to
						their approximate original contour except as specifically exempted in §
												88.116 (relating to backfilling
						and grading: reaffecting previously mined lands).
(b) Backfilled material shall be placed to
						minimize adverse effects on groundwater, minimize offsite effects, and to
						support the approved postmining land use.
(c) Timing of backfilling and grading may not
						exceed the following:
(1) If the method of
						mining is contour mining or modified block-cut mining, rough backfilling and
						grading shall follow coal removal by not more than 60 days or no more than
						1,500 linear feet may be opened at any time. The Department may grant
						additional time for rough backfilling and grading if the operator can
						demonstrate, through a detailed analysis, that additional time is
						necessary.
(2) If the method of
						mining is open pit mining, rough backfilling and grading shall occur in
						accordance with the time schedule approved by the Department, which shall
						specifically establish in stated increments the period between removal of coal
						and completion of backfilling and grading.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.116 - Backfilling and grading: reaffecting previously mined lands

Current through Register Vol. 54, No. 28, July 13, 2024
Where the surface mining activities are reaffecting
						  previously mined lands that have not been restored to approximate original
						  contour, the Department may approve, in writing, terracing or other
						  alternatives to contouring if the operator demonstrates the following:
(1) The area proposed to be affected cannot
						be reclaimed to approximate original contour.
(2) Reaffecting the area is likely to produce
						an environmental benefit.
(3)
						Overburden and spoil is retained on the solid portion of existing or new
						benches.
(4) The highwall,
						including, but not limited to, bottom rock exposed or affected by the operator
						in surface mining of steeply inclined coal seams, is eliminated.
(5) In eliminating the highwall including,
						but not limited to, bottom rock exposed or affected in surface mining by the
						operator of steeply inclined coal seams, the area is backfilled and graded to
						the most moderate slope possible. The final slopes may not exceed either the
						angle of repose or 35 degrees, whichever is the lesser.
(6) The final slopes are consistent with the
						approved postmining land use.
This section cited in 25 Pa. Code §
														88.115 (relating to backfilling
							 and grading: general requirements); 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.117 - Backfilling and grading: alternatives to contouring or terracing

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may grant a variance to contouring or
						  terracing where the land is proposed to be made suitable after mining and
						  reclamation for planned or designated industrial, commercial, agricultural,
						  residential, recreational or public use provided the other applicable
						  requirements of this chapter are met.
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.118 - Backfilling and grading: final slopes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The final graded slopes shall approximate
						premining slopes, or slopes approved by the Department based on consideration
						of soil, rock formation, climate or other characteristics of the surrounding
						area.
(b) Postmining final graded
						slopes need not be uniform but shall approximate the general nature of the
						premining topography.
(c) Cut and
						fill terraces may be allowed on approval by the Department to conserve soil
						moisture, ensure stability and control erosion on final graded slopes, if the
						terraces are compatible with the approved postmining land use and are
						substitutes for construction of lower grades on the reclaimed lands.
(d) Small depressions may be constructed, if
						they:
(1) Are approved by the Department to
						minimize erosion, conserve soil moisture or promote vegetation.
(2) Do not restrict normal access.
(3) Are not inappropriate substitutes for
						lower grades on the reclaimed lands.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.119 - Backfilling and grading: covering coal and acid-forming and toxic-forming materials

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
						otherwise approved by the Department, exposed coal seams, acid-forming
						material, toxic-forming materials and combustible materials, other than coal
						refuse, shall be handled in the following manner:
(1) The material shall be buried above the
						groundwater table and shall be placed at a minimum of 5 feet above the coal
						seam.
(2) If necessary, these
						materials shall be treated to neutralize toxicity, in order to prevent water
						pollution and combustion and minimize adverse effects on plant growth and land
						uses.
(3) Where necessary to
						protect against upward migration of salts, exposure by erosion, formation of
						acid or toxic seeps, to provide an adequate depth for plant growth or otherwise
						to meet local conditions, the Department will specify amounts of cover using
						nontoxic material, or special compaction and isolation from groundwater
						contact.
(4) Acid-forming or
						toxic-forming material may not be buried or stored in proximity to a drainage
						course so as to cause or pose a threat of water pollution.
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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.120 - Regrading or stabilizing rills and gullies

Current through Register Vol. 54, No. 28, July 13, 2024
When rills and gullies deeper than 9 inches form in
						  areas that have been backfilled, graded and vegetated, the rills and gullies
						  shall be refilled, graded or otherwise stabilized and the area reseeded or
						  replanted.
This section cited in 25 Pa. Code §
														88.381 (relating to general
							 requirements); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.121 - Revegetation: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Vegetation shall be established on all
						land affected by surface mining activities.
(b) Revegetation 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 postmining land use plan.
						For areas previously disturbed by surface mining activities that were not
						reclaimed to the standards of SMCRA and this chapter, and are proposed to be
						reaffected or redisturbed, the Department may approve a vegetative cover which,
						at a minimum, may not be less than the vegetative cover existing before
						redisturbance and shall be adequate to control erosion and achieve the approved
						postmining land use.
(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 approved postmining land use and specified in the
						permit application.
This section cited in 25 Pa. Code §
														86.151 (relating to period of
							 liability); 25 Pa. Code §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments); 25 Pa. Code
							 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.122 - Revegetation: timing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Revegetation of disturbed areas shall be performed 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 the 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.123 - 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 §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments); 25 Pa. Code
							 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.124 - 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
						of the permit application.
(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 §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments); 25 Pa. Code
							 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.125 - 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 postmining 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 §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments); 25 Pa. Code
							 §
														88.129 (relating to revegetation:
							 standards for successful revegetation); 25 Pa. Code §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.126 - 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 this
						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 will
						not be required if seeding is done immediately following final grading when the
						soil is still loose.
This section cited in 25 Pa. Code §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments): 25 Pa. Code
							 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.127 - Revegetation: mulching

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mulch
						shall be applied to all regraded affected land, except permitted by the
						Department may waive the requirements for mulch under the following conditions:
(1) When seeding can be accomplished using a
						conventional agricultural farm drill.
(2) When the approved postmining land use is
						for agricultural row crops.
(3)
						When annual grasses or small grains will be seeded immediately following final
						grading resulting in a quick vegetative 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.128 - 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 §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments); 25 Pa. Code
							 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.129 - Revegetation: standards for successful revegetation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The standards for successful revegetation
						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 above standards 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 postmining land use is
						wildlife habitat, the requirements of §
													88.125(b)
						(relating to revegetation: tree and shrub species and seedling standards) shall
						apply and the areas approved for planting of 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.130 - 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
						surface mine permittee shall be specified on 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 §
														88.90 (relating to
							 vegetation-supporting material: nutrients and soil amendments); 25 Pa. Code
							 §
														88.381 (relating to general
							 requirements); 25 Pa. Code §
														88.492 (relating to minimum
							 requirements for reclamation and operation plan); and 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 88 - ANTHRACITE COAL › Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.131 - 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 a statement of the exact number of acres affected in the permit
						area, the extent and kind of reclamation of the areas and identification of the
						backfilling, regrading, revegetation, environmental monitoring, and water
						treatment activities that will continue during the temporary cessation
						status.
(b) Temporary cessation
						status of operations does not relieve the operator of the obligations to comply
						with the acts as defined in §
												86.1 (relating to definitions),
						Chapters 86-90, or the approved permit, including the obligation to submit an
						application for permit renewal at least 180 days before the expiration of the
						existing permit. The Department may enforce these obligations during the
						temporary cessation status of operations.
(c) Temporary cessation status will end with
						the resumption of coal extraction. Any subsequent notices of temporary
						cessation status must include updated information outlined in subsection
						(a).
(d) Temporary cessation status
						will terminate where the Department finds a failure to comply with the acts as
						defined in §
												86.1, Chapters 86-90, or the
						approved permit. Termination of temporary cessation status due to failure to
						comply with the acts as defined in § 86.1, Chapters 86-90, or the approved
						permit will place the mining operation in permanent cessation status, subject
						to the provisions of §
												88.132 (cessation of operations:
						permanent).
The provisions of this §
														88.131 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b);
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)); and
							 section 1920-A of The Administrative Code of 1929 (71 P.S. §
															510-20).
This section cited in 25 Pa. Code §
														88.381 (relating to 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.132 - Cessation of operation: permanent

Current through Register Vol. 54, No. 28, July 13, 2024
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.
This section cited in 25 Pa. Code §
														88.131 (relating to cessation of
							 operations: temporary); and 25 Pa. Code §
														88.381 (relating to 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.133 - Postmining 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 mining, 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 premining
						use of land to which the postmining land use is compared shall be determined by
						the following:
(1) The postmining land use for
						land that has not been previously mined and has been properly managed shall be
						judged on the basis of uses which the land previously supported.
(2) The postmining 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 B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS › Section 88.134 - Blasting: general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each person who conducts surface mining
						activities shall comply with this chapter and all applicable State and Federal
						laws in the storage, handling and use of explosives.
(b) Blasts that use more than 5 pounds of
						explosive or blasting agents shall be conducted according to the schedule
						required by the operation plan of this subchapter.
(c) All blasting operations shall be
						conducted by or under the supervision of a competent blaster licensed and
						operating in compliance with Chapter 210 (relating to blasters'
						licenses).
(d) All blasting
						operations shall be conducted in compliance with Chapters 209 and 211 (relating
						to coal mines; and storage, handling and use of explosives).
(e) Each person who conducts blasting
						operations, in connection with surface mining activities, within 500 feet of
						any active underground mine shall do so in a manner that protects the health
						and safety of persons working underground, and that prevents any adverse impact
						upon an active, inactive or abandoned underground mine.
This section cited in 25 Pa. Code §
														88.493 (relating to minimum
							 environmental protection performance
							 standards).