25 Pa. Code Ch. 77 — Noncoal Mining

§ 77.103. Permit application filing deadlines. A person who expects to conduct new noncoal mining activities shall file a complete application for a permit for noncoal mining activities a minimum of 180 days prior to the anticipated starting date of the activities or a shorter pe…

§ 77.104. Permit applications—general requirements. (a) Application for a permit under this chapter shall be submitted to the Department, in writing, upon forms furnished by the Department. (b) An application for a permit shall be accompanied by information, maps, plans, specific…

§ 77.105. Application contents. Permit applications under § 77.103 (relating to permit application filing deadlines) shall be complete administratively and include the applicable information required under this chapter. Source The provisions of this § 77.105 adopted March 16, 199…

§ 77.106. Fees. (a) Payment. A permit application for noncoal mining activities shall be accompanied by a nonrefundable payment for the permit application fee payable to the ‘‘Commonwealth of Pennsylvania.’’ The applicable permit application fee amount is specified in subsection …

§ 77.107. Verification of application. Applications for permits shall be verified by a responsible official of the applicant with a statement that the information contained in the application is true to the best of the official’s information and belief. Source The provisions of t…

§ 77.108. Permit for small noncoal operations. (a) A person who intends to conduct noncoal surface mining activities from which the total weight of mineral mined per year is less than 10,000 tons (9,070 metric tons), prior to conducting the activities, shall apply in writing for …

§ 77.109. Noncoal exploration activities. (a) A person who intends to conduct noncoal exploration outside an existing noncoal surface mining permit shall file with the Department a written notice of intention to explore for each exploration area at least 10 days prior to the star…

§ 77.11. [Reserved]. Source The provisions of this § 77.11 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.110. Permit waiver—oil and gas well site development. This chapter does not apply to a borrow area where minerals are extracted solely for the purpose of oil and gas well development, including access road construction, if the owner or operator of the well meets section 603.…

§ 77.111. Permit waiver—solid waste sites. As used in this section the term ‘‘borrow area’’ means an area where minerals are extracted solely for the purpose of solid waste site development. The noncoal surface mining permit requirements of the act and this chapter do not apply t…

§ 77.112. Permit waiver—stabilization of highwalls in existence on January 1, 1972. The noncoal surface mining permit requirements of the act and this chapter do not apply to the stabilization of highwalls in existence on January 1, 1972, if the operator demonstrates, to the Depa…

§ 77.113. Permit waiver—noncoal exploration drilling. (a) Drilling that is done solely for the purpose of exploration where only the drilled material is removed from the site does not require a permit. Exploration by drilling methods may proceed 10 days after the notice of intent…

§ 77.12. [Reserved]. Source The provisions of this § 77.12 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.121. Public notices of filing of permit applications. (a) At the time of filing an application with the Department, an applicant for a permit, transfer, renewal or revision under § 77.142 (relating to public notice of permit revision) shall place an advertisement in a local …

§ 77.122. Opportunity for submission of written comments or objections on the permit application. (a) Written comments or objections on the permit application or application for permit revision may be submitted to the Department within 30 days after the last publication of the ne…

§ 77.123. Public hearings—informal conferences. (a) A person having an interest that is, or may be, adversely affected may request in writing that the Department hold a public hearing or an informal conference on an application for a permit. The request shall: (1) Briefly summari…

§ 77.124. Public availability of information in permit applications. (a) Information contained in permit applications on file with the Department will be open, upon request, for public inspection at reasonable times. Information in permit applications which pertains only to the a…

§ 77.125. Review of permit applications. (a) The Department will review the complete application, written comments, written objections and records of a public hearing or informal conference. (b) If the Department decides to approve the application, it will require that the applic…

§ 77.126. Criteria for permit approval or denial. (a) A permit, permit renewal or revised permit application will not be approved, unless the application affirmatively demonstrates and the Department finds in writing, on the basis of the information in the application or from inf…

§ 77.127. Final permit action. (a) The Department will notify the permit applicant of its decision to approve or disapprove or of its intent to disapprove unless the applicant submits additional information, within a stated time, to resolve deficiencies according to the following…

§ 77.128. Permit terms. (a) A permit will be issued for the duration of the mining and reclamation operation except for the NPDES permit, which shall be renewed every 5 years. (b) A permit will terminate if the permittee has not begun the noncoal mining activities covered by the …

§ 77.129. Conditions of permits—general and right of entry. A permit issued by the Department will, at a minimum, ensure and contain the following conditions: (1) Except to the extent that the Department otherwise directs in the permit that specific actions be taken, the permitte…

§ 77.13. [Reserved]. Source The provisions of this § 77.13 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.130. Conditions of permits—environmental, public health and safety. A permit issued by the Department will ensure and contain specific conditions requiring that the permittee: (1) Take all possible steps to prevent adverse impact, resulting from noncompliance with the terms …

§ 77.131. Progress report. Within 90 days after commencement of surface mining operations and each year thereafter, unless modified or waived by the Department for cause, the operator shall file in triplicate an operations and progress report with the Department, on a form prescr…

§ 77.14. [Reserved]. Source The provisions of this § 77.14 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.141. Permit revisions. (a) A revision to a permit shall be obtained for a change to the noncoal mining activities, as defined by the Department, set forth in the application. (b) [Reserved]. (c) An application for revision shall be complete as described in § 77.105 (relating…

§ 77.142. Public notice of permit revision. (a) A permit revision request is subject to the notice requirements of § 77.121 (relating to public notices of filing of permit applications) under the following circumstances: (1) For surface mining activities: (i) Discharging to a dif…

§ 77.143. Permit renewals. (a) NPDES permit renewals. An application for renewal of an NPDES permit shall be filed with the Department at least 180 days before the expiration date of the NPDES permit in question. A renewal application shall be filed in the format required by the …

§ 77.144. Transfer of permit. (a) A transfer, assignment or sale of the rights granted under a permit may not be made, except as provided in this section. (b) Permits may be reissued in a new name, without transfer, if there is no change in legal entity, including name changes th…

§ 77.145. Reservation of rights. Department approval of transfer, including, but not limited to, permit transfer does not limit the original permittee’s responsibility, liability, duty or obligation under the law unless release is approved by the Secretary. If one operator succee…

§ 77.15. [Reserved]. Source The provisions of this § 77.15 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.16. [Reserved]. Source The provisions of this § 77.16 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.161. Responsibilities. As part of each application for a permit, the applicant shall provide relevant information on the ownership of persons who will be conducting the noncoal mining activities, the compliance status and history of the persons, the ownership and control of …

§ 77.162. Identification of interests. (a) An application shall contain the following information if the information is different from that provided with the license application: (1) The names and addresses of: (i) The permit applicant, including his telephone number. (ii) The le…

§ 77.163. Right of entry. (a) An application shall contain a description of the documents upon which the applicant bases his legal right to enter and commence noncoal mining activities within the permit area and whether that right is subject to pending court litigation. (b) The a…

§ 77.164. Personal injury and property damage insurance information. An application for noncoal mining activities, when required by section 5(e) of the act (52 P. S. § 3305(e)), shall contain proof of liability insurance under § 77.231 (relating to terms and conditions for liabil…

§ 77.165. Proof of publication. (a) An application shall contain an intent to publish noting that the advertisement requirement of § 77.121(a) (relating to public notices of filing of permit applications) is in the process of being satisfied. Prior to the issuance of the permit, …

§ 77.17. [Reserved]. Source The provisions of this § 77.17 adopted August 20, 1971, effective August 21, 1971, 1 Pa.B. 1726; reserved December 19, 1980, effective December 20, 1980, 10 Pa.B. 4789; noted May 22, 1981, 11 Pa.B. 1801; republished June 5, 1981, effective August 21, 1…

§ 77.171. [Reserved]. Source The provisions of this § 77.171 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62384).

§ 77.172. [Reserved]. Source The provisions of this § 77.172 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial pages (62384) to (62385).

§ 77.173. [Reserved]. Source The provisions of this § 77.173 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62385).

§ 77.174. [Reserved]. Source The provisions of this § 77.174 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62386).

§ 77.175. [Reserved]. Source The provisions of this § 77.175 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62386).

§ 77.176. [Reserved]. Source The provisions of this § 77.176 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62386).

§ 77.177. [Reserved]. Source The provisions of this § 77.177 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (62387).

§ 77.178. [Reserved]. Source The provisions of this § 77.178 adopted July 31, 1981, effective August 1, 1981, 11 Pa.B. 2680; reserved March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial pages (62387) to (62388).