25 Pa. Code Ch. 88 — Anthracite Coal

§ 88.237. 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 § 88.221 (relating to postmining land use), as soon as practicable after the road is no longer needed for the…

§ 88.238. [Reserved]. Source The provisions of this § 88.238 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (9262…

§ 88.239. [Reserved]. Source The provisions of this § 88.239 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (9262…

§ 88.24. Geology. (a) An application shall contain a description of the geology within the proposed permit and adjacent area down to and including the aquifer system or known existing deep mine that may be affected below the lowest coal seam, bank or refuse disposal area to be af…

§ 88.240. [Reserved]. Source The provisions of this § 88.240 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (9262…

§ 88.241. [Reserved]. Source The provisions of this § 88.241 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (9262…

§ 88.242. [Reserved]. Source The provisions of this § 88.242 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (9262…

§ 88.243. Common use roads. (a) Operators using common use roads to service their permit areas shall be 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 opera…

§ 88.25. Groundwater. (a) The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area, including, at a minimum: (1) The depths to groundwater or deep mine pool over the general area. (2) The hydrologic characteristics of the …

§ 88.26. Surface water information. (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 all surface water bodies, such as streams, lakes, ponds and springs, deep mine discha…

§ 88.27. Alternative water supply information. The application shall identify the extent to which the proposed anthracite coal surface mining activities may result in contamination, diminution or interruption of any water supply within the proposed permit or adjacent area. If con…

§ 88.28. Climatology. When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permits and adjacent area. The statement shall contain the information the Department deems relevant to ensure c…

§ 88.281. Requirements. A person who conducts coal refuse disposal activities shall comply with the performance standards and design requirements of this subchapter, § § 90.5, 90.49, 90.50 and Chapter 90, Subchapters E—G. (1) Disposal of coal refuse in an active surface mine shal…

§ 88.282. Signs and markers. (a) A person who conducts surface mining activities shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each actively used haul road and publ…

§ 88.283. Sealing of drilled holes: general requirements. (a) Each exploration hole, other drill or borehole, well or other exposed underground opening (except for holes solely drilled and used for blasting) shall be sealed, backfilled or otherwise managed, as approved by the Dep…

§ 88.284. Sealing of drilled holes and exploratory openings: temporary. Drilled holes and boreholes to be used to return coal refuse to abandoned underground workings, and wells to be used to monitor groundwater conditions, shall be temporarily sealed before use and protected dur…

§ 88.285. [Reserved]. Source The provisions of this § 88.285 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (9262…

§ 88.286. Vegetation-supporting material: general requirements. Soil, in an amount sufficient to ensure ample material for vegetation, shall be removed, conserved and redistributed for the final surface layer. If soil is unavailable, suitable mine spoil or other materials which w…

§ 88.287. Vegetation-supporting material: available soil removal. (a) Available soil, as required by § 88.286 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any refuse disposal. (b) In the event that rem…

§ 88.288. Vegetation-supporting material: soil storage. (a) Soil and other vegetation-supporting materials shall be redistributed or stockpiled for redistribution. (b) Stockpiled materials shall be selectively placed on a stable area within the permit areas and located where the …

§ 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…