§ 77.112. Permit waiver—stabilization of highwalls in existence on January 1, 1972.
The noncoal surface mining permit requirements of the act and this chapter do not apply to the stabilization of highwalls in existence on January 1, 1972, if the operator demonstrates, to the Department’s satisfaction, that the following conditions have been met:
(1) The highwall was in existence on January 1, 1972.
(2) The operator does not affect, or intend to affect, the highwall as part of the mining operation.
(3) Neither the operator, nor a related party, has reclamation responsibility for the highwall.
(4) The highwall presents an immediate or potential safety hazard to persons working below the highwall, or to persons or property beyond the highwall, or to the public.
(5) The amount of materials removed from the highwall in the stabilization operation is only that necessary to achieve stabilization.
(6) The operator has submitted a plan to the Department which includes the location of the highwall, demonstrates that the plan will result in stabilization of the highwall, provides a description of the work to be performed and sets forth a timetable for completing the work.
(7) The Department has approved the plan described in paragraph (6), in writing.
(8) The work to be performed is in accordance with the approved plan, and timetable. Stabilization work may not occur under this section until the Department has approved the plan.
(9) Coal is not removed or encountered.
Source The provisions of this § 77.112 adopted October 11, 1991, effective October 12, 1991, 21 Pa.B. 4838.
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