§ 87.108. Hydrologic balance: sedimentation ponds.
(a) All 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 sediment ponds are not necessary to meet the effluent limitation under § 87.102 (relating to hydrologic balance: effluent standards).
(b) Sedimentation ponds shall be constructed in accordance with this section and § 87.112 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance) in appropriate locations before any disturbance of the area to be drained into the pond. Sedimentation ponds may not be located in a perennial stream and 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 and § § 86.37 and 86.102(5) are met and the pond is approved as part of the postmining land use in accordance with § § 87.111 and 87.159 (relating to hydrologic balance: impoundments; and postmining land use), or will be removed during times of the year that will not cause pollution.
(c) Sedimentation ponds shall be maintained until the disturbed area has been stabilized and revegetated and removal of the ponds is approved by the Department. The ponds may not be removed sooner than 2 years after the last augmented seeding, unless the Department finds that the disturbed area has been sufficiently revegetated and stabilized.
(d) At a minimum, sedimentation ponds shall meet the requirements of Chapter 102 (relating to erosion control).
(e) The pond shall include a nonclogging dewatering device approved by the Department that will permit thedraining of the water from inflow. The dewatering device may not be located at a lower elevation than the maximum elevation of the sedimentation storage volume.
(f) The ponds shall be designed, constructed and maintained to prevent short circuiting to the extent possible.
(g) The design, construction and maintenance of a sediment pond in accordance with this section does not relieve the person who conducts surface mining activities of the person’s responsibility for complying with the applicable treatment requirements and effluent limitations established under § 87.102.
(h) At a minimum, the pond shall be capable of treating the runoff resulting from a 10-year, 24-hour precipitation event.
(i) When the sedimentation pond is to be removed, the affected land shall be regraded and revegetated in accordance with § § 87.147—87.153, 87.155 and 87.156.
Authority The provisions of this § 87.108 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 87.108 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (198969) to (198970).
Cross References This section cited in 25 Pa. Code § 87.73 (relating to dams, ponds, embankments and impoundments).
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