Subchapter J. GENERAL PERMITS
Sec.
77.801. Scope.
77.802. Authorization for general permits.
77.803. Nature of a general permit; substitution for individual applications and permits.
77.804. Contents of general permits.
77.805. Procedure for issuance.
77.806. Registration requirements.
77.807. Change of ownership.
77.808. Compliance with permit conditions, regulations and laws.
Source The provisions of this Subchapter J adopted January 30, 1998, effective January 31, 1998, 28 Pa.B. 619, unless otherwise noted.
§ 77.801. Scope.
This subchapter applies to the issuance of general permits by the Department under section 26(b) of the act (52 P.S. § 3326(b)).
§ 77.802. Authorization for general permits.
Under this subchapter, the Department may issue general permits for any category of noncoal surface mining activities if the Department determines the following:
(1) The activities in the category are similar in nature.
(2) The activities in the category can be adequately regulated utilizing standardized specifications and conditions.
(3) The activities in the category, in the opinion of the Department, are more appropriately regulated under a general permit than under individual permits.
§ 77.803. Nature of a general permit; substitution for individual applications and permits.
(a) When the Department issues a general permit for a specified category of noncoal surface mining activities, persons who intend to conduct a noncoal surface mining activity in accordance with the specifications and conditions of the general permit may do so without obtaining an individual permit.
(b) The general permit sets forth the standardized specifications and conditions for design, operations and monitoring as are necessary to adequately protect life, health, property and the environment. The operator shall comply with the standardized specifications and conditions of the general permit in lieu of the requirements of Subchapters C, D, G, H and I.
(c) A person is authorized to operate under a general permit if the following apply:
(1) Activities are conducted in accordance with the specifications, terms and conditions of the applicable general permit.
(2) The operator of the noncoal surface mining activity complies with the registration requirements in the general permits, which have been established under § 77.806 (relating to registration requirements).
(d) The Department may amend, suspend, revoke, reissue or terminate any general permit or any individual registration authorized under this subchapter.
(e) Notwithstanding subsections (a)—(c), the Department may require an operator authorized by a general permit to apply for, and obtain, an individual permit when the operator is not in compliance with the conditions of the general permit.
§ 77.804. Contents of general permits.
A general permit at a minimum shall:
(1) Describe the category of noncoal surface mining activities authorized by the general permit, including any exceptions to that authorization.
(2) Specify the areas where the general permit is effective.
(3) Set forth a set of standardized specifications or plans for the category of noncoal surface mining activities or a reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulate the category or particular aspects of this category.
(4) Set forth conditions governing the erosion controls, operations, reclamation, blasting, inspection and monitoring of the activities covered by the general permit as are necessary to assure compliance with the act and with other laws administered by the Department.
(5) Specify the registration requirements established under § 77.806 (relating to registration requirements).
(6) Specify the time period for the Department to give written notice as to whether the registration application has been approved.
(7) Set forth registration fees, if any, and bond requirements, if any, and procedures for release of bond for the category covered by the general permit.
(8) Indicate whether the applicant will be required to give public notice in a newspaper of the proposed registration.
§ 77.805. Procedure for issuance.
(a) The Department may issue or modify a general permit for a category of noncoal mining activities and in accordance with this section.
(b) At least 30 days prior to issuance of a general permit, the Department will publish notice in the Pennsylvania Bulletin of intent to issue a general permit, including the text of the proposed general permit and the locations where standardized plans may be reviewed.
(c) An opportunity shall be provided for interested members of the public and State agencies to provide written comments to the Department on a proposed general permit.
(d) The Department may hold a public hearing on a proposed general permit for the purposes of gathering information and comments.
(e) General permits issued by the Department will be published in the Pennsylvania Bulletin at least 30 days prior to the effective date of the permits, as required by section 26(b) of the act (52 P.S. § 3326(b)).
§ 77.806. Registration requirements.
(a) Registration requirements shall be set forth in each general permit.
(b) Registration applications at a minimum shall set forth:
(1) The name, address and surface mining operator’s license number of the person responsible for the activities.
(2) The location of the activities.
(3) The name or number of the general permit being utilized for the activities.
(4) Information and documents to satisfy the requirement of § 77.163 (relating to right of entry).
(5) Identification of ownership interests in the property including rights to the minerals.
(6) The names and addresses of the owners of record of surface areas contiguous to any part of the area proposed for authorization to operate under a general permit.
(7) A description of the proposed noncoal surface mining activities that demonstrates that the operation would qualify to operate under the general permit.
(c) An applicant cannot conduct surface mining activities under a general permit until written notice of Department approval of registration.
Cross References This section cited in 25 Pa. Code § 77.804 (relating to contents of general permits).
§ 77.807. Change of ownership.
For an activity requiring registration under this section, an amended registration shall be filed if there is a change of ownership of the entity conducting the surface mining activities.
Source The provisions of this § 77.807 amended August 18, 2023, effective August 19, 2023, 53 Pa.B. 5159. Immediately preceding text appears at serial page (240802).
§ 77.808. Compliance with permit conditions, regulations and laws.
A person who operates under a general permit shall maintain a valid surface mining operator’s license and comply with the specifications, terms and conditions of the general permit, applicable law and regulations.
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
