25 Pa. Code Ch. 88 — Anthracite Coal

§ 88.503. Applicability. (a) This subchapter is applicable only to surface mining activities and bank removal and reclamation activities as defined in § 88.1 (relating to definitions) and coal refuse disposal activities subject to Subchapter D (relating to anthracite refuse dispo…

§ 88.504. Application for authorization. (a) An operator who requests authorization under this subchapter shall comply with the permit application requirements of Chapter 86 (relating to surface and underground coal mining: general) and Subchapter A (relating to general provision…

§ 88.505. Approval or denial. (a) Authorization may not be granted under this subchapter unless the operator seeking the authorization affirmatively demonstrates to the satisfaction of the Department on the basis of information set forth in the application that: (1) Neither the o…

§ 88.506. Operational requirements. An operator who receives an authorization under this subchapter shall comply with the requirements of Chapter 86 (relating to surface and underground coal mining: general), and Subchapter A (relating to general provisions) and either Subchapter…

§ 88.507. Treatment of discharges. (a) Except for pre-existing discharges which are not encountered during mining or the implementation of the pollution abatement plan, the operator shall comply with § § 88.92, 88.187 and 88.292 (relating to hydrologic balance: effluent standards…

§ 88.508. Request for bond release. Sections 86.172(c) and 88.509 (relating to criteria for release of bond; and criteria and schedule for release of bonds on pollution abatement areas) apply to the release of bonds for pollutional abatement areas authorized by this subchapter. S…

§ 88.509. Criteria and schedule for release of bonds on pollution abatement areas. (a) The Department will release up to 60% of the amount of bond for the authorized pollution abatement area if the applicant demonstrates and the Department finds that: (1) The surface mining activ…

§ 88.51. Stream diversions, obstructions and encroachments. An application shall include the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirement of Chapter 105 (relating to dam safety and waterway management). Source…

§ 88.510. Effluent limitations. (a) Approval and incorporation into permit. The pollution abatement plan for the pollution abatement area must be approved by the Department and incorporated into the permit as an effluent limitation. (b) Implementation of best management practices…

§ 88.511. Baseline determination and compliance monitoring for pre-existing discharges at remining operations. (a) The procedures in this section shall be used for determining site-specific baseline pollutant loadings, and for determining whether discharge loadings during coal re…

§ 88.512. Procedure for calculating and applying a single-observation (monthly) trigger. (a) This section contains two alternative methods for calculating a single-observation trigger. One method must be proposed by the applicant to be approved and applied by the Department for a…

§ 88.513. Procedure for calculating and applying an annual trigger. (a) This section contains two alternative methods for calculating the annual trigger. One method shall be proposed by the applicant to be approved and applied by the Department for a remining permit. (b) Method 1…

§ 88.52. Diversions. An application shall show the manner in which the applicant plans to divert water from entering the operation. Source The provisions of this § 88.52 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382. Cross References This sectio…

§ 88.53. Dams, ponds, embankments and impoundments. (a) An application shall include a general plan and a design for each temporary and permanent dam, pond, embankment and impoundment, and coal refuse dam or embankment within the proposed permit area. (b) The general plan shall c…

§ 88.54. Surface mining near underground mining. If coal removal, blasting or drilling is proposed to be conducted close to any point of an active or abandoned underground mine the operation plan shall describe the measures to be used to comply with § § 88.113 and 88.204 (relatin…

§ 88.55. Postmining land uses. (a) A plan shall contain a description of the proposed use, following reclamation of the land within the proposed permit area. The description shall also explain: (1) How the proposed postmining land use is to be achieved and the necessary support a…

§ 88.56. Protection of public parks and historic places. (a) For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, each application shall describe the measures to be used to accomp…

§ 88.57. Public roads. The reclamation plan shall include a description and necessary drawings, approved by the Department of Transportation or the municipality, township or county having jurisdiction of the road, if the applicant proposes to relocate a public road, or conduct su…

§ 88.58. Disposal of excess spoil. (a) The reclamation plan shall contain a description, including appropriate maps and cross sections, of the proposed disposal site and design of the spoil disposal structure. The description shall include the geotechnical investigation, design, …

§ 88.59. Coal refuse disposal. (a) The reclamation plan shall include the necessary information to demonstrate how the proposed disposal of coal refuse will meet the requirements of Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance…

§ 88.60. Haul roads, access roads and other transportation facilities. For each haul road, conveyor, rail system, access road or other transportation facility, the application shall contain a description of the road or facility and appropriate maps, plans, cross sections and spec…

§ 88.61. Prime farmlands. (a) A person who conducts or intends to conduct surface mining activities on prime farmland shall submit a plan, as part of the permit application, demonstrating the following: (1) The land will be restored, within a reasonable time, to equivalent or hig…

§ 88.62. Fish and wildlife protection and enhancement plan. (a) An application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related en…

§ 88.81. Requirements. A person who conducts surface mining activities shall comply with the performance standards and design requirements of this subchapter. Source The provisions of this § 88.81 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.…

§ 88.82. 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 publi…

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

§ 88.84. [Reserved]. Source The provisions of this § 88.84 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 (92558)…

§ 88.85. [Reserved]. Source The provisions of this § 88.85 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 (99147)…

§ 88.86. 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 wil…

§ 88.87. Vegetation-supporting material: available soil removal. (a) Available soil, as required by § 88.86 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any surface mining. (b) In the event that remova…

§ 88.88. 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 stable area within the permit area and located where the mate…

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

§ 88.90. 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 approved postmining land use and meets revegetation requirements of…

§ 88.91. Hydrologic balance: general requirements. (a) Surface mining 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 the perm…

§ 88.92. 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 subse…

§ 88.93. Hydrologic balance: precipitation event exemption. (a) To establish the alternative effluent limitations of Group B or C in § 88.92(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitatio…

§ 88.94. Hydrologic balance: stream diversions. Diversion 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 § 88.94 adopted December 19, 1980, 10 Pa.B. 4789, e…

§ 88.95. Hydrologic balance: diversions. (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 designed, construct…

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

§ 88.97. 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 contribution…

§ 88.98. Hydrologic balance: sedimentation ponds. (a) All surface drainage from the disturbed area—including areas which have been graded, seeded and planted—shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Depart…

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