§ 77.111. Permit waiver—solid waste sites.
As used in this section the term ‘‘borrow area’’ means an area where minerals are extracted solely for the purpose of solid waste site development. The noncoal surface mining permit requirements of the act and this chapter do not apply to the extraction of noncoal minerals within the permit area of a valid solid waste permit issued under the Solid Waste Management Act (35 P.S. § § 6018.101—6018.1003) where the solid waste permittee demonstrates to the Department’s satisfaction that the following exist:
(1) The noncoal minerals will be used solely for purposes necessary to comply with solid waste permit requirements.
(2) The solid waste permittee maintains a valid noncoal surface mining operator’s license prior to the extraction of the noncoal minerals under Subchapter B (relating to surface mining operator’s license).
(3) Noncoal mineral extraction in the borrow area will be conducted in accordance with an erosion and sedimentation control plan or permit implemented under Chapter 102 (relating to erosion and sediment control).
(4) The areas affected by the extraction of noncoal minerals shall be graded and restored to a slope not to exceed 35°, and will contain no depressions which will impound water. The affected areas will be revegetated to provide a quick germinating, fast-growing, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal to the extent of cover to the natural vegetation of the area. Introduced species may be used in the revegetation process where desirable and necessary to achieve the approved postmining land use plan. Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the land use, when compared with the utility of naturally-occurring vegetation during each season of the year.
(5) The reclamation of the borrow area will commence within 10 days of the last extraction of noncoal minerals and will be completed within 30 days. Planting shall be completed by the first normal period for favorable planting.
Source The provisions of this § 77.111 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
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