25 Pa. Code Ch. 88 — Anthracite Coal

§ 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…

§ 88.319. [Reserved]. Source The provisions of this § 88.319 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 (9264…

§ 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 …

§ 88.320. [Reserved]. Source The provisions of this § 88.320 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 (9264…

§ 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…

§ 88.336. [Reserved]. Source The provisions of this § 88.336 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 (9265…

§ 88.337. [Reserved]. Source The provisions of this § 88.337 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 (9265…

§ 88.338. [Reserved]. Source The provisions of this § 88.338 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 (9265…

§ 88.339. [Reserved]. Source The provisions of this § 88.339 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 (9265…

§ 88.340. [Reserved]. Source The provisions of this § 88.340 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 (9265…

§ 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…

§ 88.342. [Reserved]. Source The provisions of this § 88.342 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 (9591…

§ 88.343. [Reserved]. Source The provisions of this § 88.343 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 (9591…

§ 88.344. [Reserved]. Source The provisions of this § 88.344 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 (9591…

§ 88.345. [Reserved]. Source The provisions of this § 88.345 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 (9591…

§ 88.346. [Reserved]. Source The provisions of this § 88.346 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 (9591…

§ 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, …

§ 88.381. General requirements. (a) A person who conducts or intends to conduct coal preparation activities, not within the permit area of a specific mine, shall obtain a permit from the Department under § § 86.11—86.18 (relating to general requirements for permits and permit app…

§ 88.41. Operation plan: requirements. As part of each permit application, the applicant shall provide a description of the anthracite coal surface mining activities showing the manner in which this chapter shall be met. The description shall include, at a minimum, the informatio…

§ 88.42. Operational plan: general information. An application for anthracite coal surface mining activities shall include at a minimum: (1) A narrative description of the type and method of mining and reclamation procedures and proposed engineering techniques and the major equip…

§ 88.43. Operation plan: existing structures. (a) The application shall include a description of each existing structure proposed to be used in connection with or to facilitate the anthracite coal surface mining activities, including the following: (1) The location. (2) The plans…

§ 88.44. Operation maps and operation plans. (a) The application shall include maps and plans of the proposed permit and adjacent area, showing the following: (1) The boundaries of lands proposed to be affected over the life of the proposed operation and the sequence of operation…

§ 88.45. Blasting. An application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the requirements of Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance stan…

§ 88.46. Reclamation plan: requirements. A permit application shall contain a plan for the reclamation of the land within the proposed permit area, including, at a minimum the following: (1) An estimated timetable for the accomplishment of each major step in the reclamation plan.…

§ 88.48. Air pollution control plan. The description shall include an air pollution control plan which includes the following: (1) A plan for fugitive dust control practices, and if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; …

§ 88.481. Scope. This subchapter specifies certain specific procedures and rules for those who engage in the underground mining of anthracite coal activities. General rules and procedures for those who engage in the underground mining of anthracite coal activities are provided fo…

§ 88.482. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Acid-forming materials—Earth materials that contain sulfide minerals or other materials which, if exposed to air, water…

§ 88.49. Protection of hydrologic balance. (a) An application shall contain a detailed description, with appropriate maps and cross sections of the measures to be taken during and after the proposed anthracite surface coal mining activities in accordance with the performance stan…

§ 88.491. Minimum requirements for information on environmental resources. (a) General. General requirements shall include the following: (1) Each permit application shall include a description of: (i) The existing premining environmental resources within the proposed permit and …

§ 88.492. Minimum requirements for reclamation and operation plan. (a) General requirements. An application shall contain a description of the mining operations proposed to be conducted during the life of the mine within the proposed permit area, including, at a minimum, the foll…

§ 88.493. Minimum environmental protection performance standards. A person who conducts underground mining activities shall comply with the performance standards and design requirements of this section. The following performance standards shall be met: (1) Signs and markers shall…

§ 88.494. Performance standards—in situ processing of anthracite coal. (a) In situ processing means those activities on the surface or underground which involve in-place processing and removal of the coal or coal by-products. (b) The Department will not issue a permit to initiate…