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PA Bulletin, Doc. No. 00-1158

RULES AND REGULATIONS

Title 25--ENVIRONMENTAL PROTECTION

DEPARTMENT OF ENVIRONMENT PROTECTION

[25 PA. CODE CH. 89]

Corrective Amendment to 25 Pa. Code § 89.67(b)

[30 Pa.B. 3439]

   The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 89.67(b) (relating to support facilities) as deposited with the Legislative Reference Bureau and as published at 28 Pa.B. 2761, 2783, (June 13, 1998) and the official text as published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 301) and as currently appearing in the Pennsylvania Code. An amendment to § 89.67(b), adopted at 28 Pa.B. 2761, 2783, was subsequently incorrectly codified due to a corrective amendment to subsection (a) of the section.

   Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 89.67(b). The corrective amendment to 25 Pa. Code § 89.67(b) is effective as of October 16, 1999, the date the defective corrective amendment was published in the Pennsylvania Bulletin.

   The correct version of 25 Pa. Code § 89.67 appears in Annex A.

Annex A

TITLE 25.  ENVIRONMENTAL PROTECTION

PART I.  DEPARTMENT OF ENVIRONMENTAL PROTECTION

Subpart C.  PROTECTION OF NATURAL RESOURCES

ARTICLE I.  LAND RESOURCES

CHAPTER 89.  UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES

Subchapter B.  OPERATIONS PERFORMANCE STANDARDS

§ 89.67.  Support facilities.

   (a)  Support facilities required for, or used incidentally to, the operation of the underground mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops and other buildings, shall be located, maintained and used in a manner that does the following:

   (1)  Prevents or controls erosion and siltation, water pollution and damage to public or private property.

   (2)  To the extent possible using the best technology currently available:

   (i)  Minimizes damage to fish, wildlife and related environmental values.

   (ii)  Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Contributions may not be in excess of limitations of State or Federal law.

   (b)  Surface mining activities associated with an underground mine shall be conducted in a manner which minimizes damage, destruction or disruption of services provided by oil, gas and water wells; oil, gas and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under or through a permit area, unless otherwise approved by the owner of those surface facilities and the Department.

[Pa.B. Doc. No. 00-1158. Filed for public inspection July 7, 2000, 9:00 a.m.]


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