25 Pa. Code Ch. 88 — Anthracite Coal

§ 88.289. Vegetation-supporting material: soil redistribution. (a) Prior to redistribution of soil or other suitable material, the regraded land shall be scarified or otherwise treated as required by the Department to eliminate slippage surfaces and to promote root penetration. (…

§ 88.29. Vegetation information. An application shall contain a description of the extent of cover, in percent ground cover, of the natural vegetation within the proposed permit area. Source The provisions of this § 88.29 adopted December 19, 1980, 10 Pa.B. 4789, effective July 3…

§ 88.290. Vegetation-supporting material: nutrients and soil amendments. (a) Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the revegetation requirements of § § 88.322—88.331. (b) All soil tests…

§ 88.291. Hydrologic balance: general requirements. (a) Coal refuse disposal activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic balance outside t…

§ 88.292. Hydrologic balance: effluent standards. (a) Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subs…

§ 88.293. Hydrologic balance: precipitation event exemption. (a) To establish the alternative effluent limitations of Group B or C in § 88.292(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitat…

§ 88.294. Hydrologic balance: stream diversions. Diversions of flow from perennial and intermittent streams shall meet the requirements of Chapter 105 (relating to dam safety and waterway management). Source The provisions of this § 88.294 adopted December 19, 1980, 10 Pa.B. 4789…

§ 88.295. Hydrologic balance: diversions and conveyances. (a) Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion. (b) Diversions shall be de…

§ 88.296. Hydrologic balance: sediment control measures. Appropriate sediment control measures shall be designed, constructed and maintained to: (1) Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the affected area. (2) Mee…

§ 88.297. Hydrologic balance: treatment facilities. (a) At a minimum, facilities and measures for treating discharges from disturbed areas shall be designed, constructed and maintained to treat the runoff from a 10-year, 24-hour precipitation event and any groundwater contributio…

§ 88.298. Hydrologic balance: sedimentation ponds. (a) All surface drainage from the disturbed area shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. (b) If sedimentation ponds are utilized, they are to be constructed …

§ 88.299. Hydrologic balance: discharge structures. Discharge from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices, if necessary, to reduce erosion, to prevent deepening or enlargement of stream cha…

§ 88.30. Description of land use. (a) 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) The uses of the land existing at the time of application, including the prior use…

§ 88.301. Hydrologic balance: permanent impoundments. Permanent impoundments may be authorized by the Department, upon the basis of the following demonstration: (1) The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of wa…

§ 88.302. Hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance. (a) Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and ma…

§ 88.303. Hydrologic balance: coal processing waste dams andembankments. A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the requirement criteria established under Chapter 105 (relating to dam safety and waterway …

§ 88.304. Hydrologic balance: discharge of water into an underground mine. Surface water or groundwater refuse disposal activities shall not be piped or channeled to underground mine workings. Source The provisions of this § 88.304 adopted December 19, 1980, 10 Pa.B. 4789, effect…

§ 88.305. Hydrologic balance: groundwater monitoring. (a) Groundwater levels, subsurface flow and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of coal refuse disposal activities on the reclaimed lands and on the qua…

§ 88.306. Hydrologic balance: surface water monitoring. (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 …

§ 88.307. Hydrologic balance: water rights and replacement. The operator of any mine which affects a water supply by contamination, pollution, diminution or interruption shall restore or replace the affected water supply with an alternate source, adequate in water quality and wat…

§ 88.308. Hydrologic balance: permanent postdisposal renovation ofsedimentation ponds, diversions, impoundments andtreatment facilities. At the completion of coal refuse disposal activities, the person who conducts the refuse disposal activities shall renovate as required by the …

§ 88.31. Maps and plans. (a) An application shall contain maps and plans for the proposed permit and adjacent area showing the following: (1) The boundaries and the names of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands;…

§ 88.310. Coal refuse disposal: general requirements. (a) Coal refuse shall be hauled or conveyed to and placed in designated disposal areas authorized for that purpose. The refuse shall be placed in a controlled manner to ensure the following: (1) The land mass designated as the…

§ 88.311. Coal refuse disposal: durable rockfills. The Department may approve alternate methods for disposal of hard rock spoil, including fill placement by dumping in a single lift, provided the services of a registered professional engineer experienced in the design and constru…

§ 88.312. Coal refuse disposal: site inspection. (a) The coal refuse disposal area shall be inspected for stability by a registered engineer or other qualified specialist experienced in the construction of earth and rock fill embankments at least quarterly throughout construction…

§ 88.313. Coal refuse disposal: construction requirements. (a) Coal refuse banks shall have a minimum static factor of safety of 1.5 and a seismic factor of safety of 1.2. (b) Following grading of the facility, the site shall be covered with a final layer of nontoxic, noncombusti…

§ 88.314. Coal refuse disposal: burning. (a) The person conducting the disposal activities shall take immediate action to extinguish fires or hot spots in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall con…

§ 88.315. Coal refuse disposal: active surface mines. (a) Persons disposing of coal refuse in active surface mines shall meet the requirements of Subchapter B (relating to surface anthracite coal mines: minimum environmental protection performance standards). (b) The refuse shall…

§ 88.316. Coal refuse disposal: abandoned unreclaimed surface mines. (a) The applicant shall demonstrate that the overburden and coal refuse can be graded to AOC or approved alternative designed plan, and will not create a pollution problem. (b) Coal refuse which is to be submerg…

§ 88.317. Air resources protection. (a) Air pollution control measures shall be planned and employed as an integral part of the coal refuse disposal activities and shall meet the following requirements: if processing facilities are to be used at the mining site, the facilities sh…

§ 88.318. Coal refuse dams: general requirements. (a) Dams and embankments, constructed of coal refuse and intended to impound coal refuse, whether they were completed before adoption of the regulatory program or are intended to be completed thereafter, shall comply with these re…

§ 88.32. Prime farmland investigation. (a) The applicant shall conduct a preapplication investigation of the proposed permit areas to determine whether lands within the area may be prime farmland. (b) Land may not be considered prime farmland if the applicant can demonstrate one …

§ 88.321. Disposal of noncoal wastes. Noncoal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage and other hazardous wastes shall be disposed of or stored temporarily in accordance with the Solid Waste Management Act (35 P. S. § § 6018.10…

§ 88.322. Revegetation: general requirements. (a) Vegetation shall be established on all land affected by refuse disposal activities. (b) When considering vegetation requirements, the Department shall provide for a diverse, effective and permanent vegetative cover of the same sea…

§ 88.323. Revegetation: timing. (a) Revegetation of disturbed areas shall be conducted no later than the first normal period for favorable planting conditions after soil replacement and final grading of the soil surface for seeding and planting. (b) Revegetation of disturbed area…

§ 88.324. Revegetation: introduced species. 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…

§ 88.325. Revegetation: grass, legume and small species and seedstandards. (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 sh…

§ 88.326. Revegetation: tree and shrub species and seedling standards. (a) A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted. (b) When the approved postdisposal land use is wildlife habitat, unless alternate plans are approved …

§ 88.327. Revegetation: seedbed preparation. (a) The soil surface shall be prepared by disking or harrowing unless soil conditions or steep slopes prohibit such a practice. (b) When disking or harrowing is not possible, the soil surface shall be scarified by any mechanical method…

§ 88.328. Revegetation: mulching. (a) Mulch shall be applied to all affected land with exceptions permitted by the Department under the following conditions: (1) When seeding can be accomplished using a conventional agricultural farm drill. (2) When the approved postdisposal land…

§ 88.329. Revegetation: periods of responsibility. 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. Source The provisions of th…

§ 88.33. Fish and wildlife resource information. An application shall include fish and wildlife resource information for the proposed permit area and adjacent area. (1) The scope and level of detail for the information shall be determined by the Department in consultation with St…

§ 88.330. Revegetation: standards for successful revegetation. (a) The standards for successful vegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The sta…

§ 88.331. Revegetation: techniques and frequency of measurement. (a) The techniques proposed to be used by the refuse disposal permittee shall be approved by the Department and shall be specified in the revegetation plan. (b) The permittee shall conduct periodic measurements of v…

§ 88.332. Cessation of operations: temporary. (a) Before temporary cessation status of operations for a period of 30 days or more, an operator shall submit to the Department a notice of intention to temporarily cease operations. The notice shall include all of the following: (1) …

§ 88.333. Cessation of operations: permanent. (a) Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not requir…

§ 88.334. Postdisposal land use. (a) All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before refuse disposal, or to higher or better uses achievable under criteria and procedures of…

§ 88.335. Haul roads and access roads: general. (a) Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wi…

§ 88.341. Haul roads and access roads: restoration. Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with § 88.334 (relating to postdisposal land use), as soon as practicable after the road is no longer needed for t…

§ 88.347. Common use roads. (a) Operators using common use roads to service their permit areas are responsible for maintaining the roads in a stable and safe condition throughout the life of the permit. (b) Common use roads may not require bonding or restoration by the operator, …