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COMMONWEALTH OF PENNSYLVANIA

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25 Pa. Code § 77.101. General requirements for permits.

GENERAL


§ 77.101. General requirements for permits.

 (a)  A person may not conduct noncoal mining activities or allow a discharge from a mine into the waters of this Commonwealth without first obtaining a permit. It will be presumed that the extraction of noncoal minerals is surface mining activity unless it can be demonstrated, with clear and convincing evidence, to the satisfaction of the Department, that the activities fit within one or more of the exceptions to the definition of noncoal surface mining activities in §  77.1 (relating to definitions), or as provided in §  77.102 (relating to compliance with existing permits).

 (b)  Noncoal surface mining permits will be issued only to a licensed noncoal operator.

Source

   The provisions of this §  77.101 adopted June 29, 1973, effective June 30, 1973, 3 Pa.B. 1203; amended April 25, 1975, effective May 12, 1975, 5 Pa.B. 977; amended March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643. Immediately preceding text appears at serial page (19690).


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