25 Pa. Code § 77.527. Sedimentation controls.

§ 77.527. Sedimentation controls.

(a)  Surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the required use of sedimentation ponds when the person who conducts surface mining activities demonstrates to the satisfaction of the Department that alternate sediment control facilities will prevent accelerated erosion and sedimentation under Chapter 102 (relating to erosion and sediment control).
(b)  Sedimentation ponds shall be constructed under this section and §  77.531 (relating to dams, ponds, embankments and impoundments—design, construction and maintenance), in appropriate locations before a disturbance of the area to be drained into the pond. Sedimentation ponds may not be located in a perennial stream. The Department will not authorize the location or placement of a sedimentation pond in an intermittent stream unless the requirements of Chapters 93, 102 and 105 (relating to water quality standards; erosion and sediment control; and dam safety and waterway management) and §  77.522 are met and approved as part of the postmining land use under § §  77.530 and 77.653 (relating to impoundments; and postmining land use).
(c)  Sedimentation ponds and controls and other treatment facilities shall be maintained until removal of the ponds and facilities is approved by the Department.
(d)  Sedimentation ponds shall meet the requirements of Chapters 102 and 105, if applicable, and be designed to meet the effluent requirements of the permit.

Source

   The provisions of this §  77.527 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643; amended January 30, 1998, effective January 31, 1998, 28 Pa.B. 619. Immediately preceding text appears at serial pages (203637) to (203638).

Cross References

   This seciton cited in 25 Pa. Code §  77.461 (relating to dams, ponds, embankments and impoundments).

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