CESSATION AND COMPLETION OF MINING
§ 77.651. Temporary cessation.
(a) General rule. Except with the express written approval of the Department as provided in subsection (b), the operator shall maintain mining and reclamation equipment on the site at all times, shall conduct an active operation and shall conduct surface mining operations on the site on a regular and continuous basis.
(b) Application for temporary cessation. Before temporary cessation of operations, the operator shall submit a written application to the Department, including a statement of the number of acres that have been affected, the reason for cessation, the date on which temporary cessation is anticipated and the date on which the operator anticipates that operations will resume. Except as provided in subsection (c), the Department will not approve the temporary cessation of an operation for a period exceeding 90 days unless the cessation is due to seasonal shutdown or labor strikes.
(c) Operations producing highway or construction aggregates. For operations producing highway or construction aggregates if the temporary cessation is due to the absence of a current regional market for the mineral being mined, temporary cessation may not exceed 5 years.
(d) Cessation not a release of obligations. Temporary cessation does not relieve the operator of the obligation to comply with the act, this chapter, the conditions of the permit, including, but not limited to, compliance with applicable environmental protection performance standards.
Source The provisions of this § 77.651 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.
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