25 Pa. Code § 88.98. Hydrologic balance: sedimentation ponds.

§ 88.98. Hydrologic balance: sedimentation ponds.

(a)  All surface drainage from the disturbed area—including areas which have been graded, seeded and 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 §  88.92 (relating to hydrologic balance: effluent standards).
(b)  Sedimentation ponds shall be constructed before disturbing any area which will drain to the pond. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams, unless approved by the Department. They shall be maintained until the disturbed area has been restored and the vegetation requirements have been met.
(c)  The following apply to sedimentation ponds:
   (1)  Sediment ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).
   (2)  Sedimentation ponds shall be structurally sound and, at a minimum, meet the requirements of §  88.102 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

Source

   The provisions of this §  88.98 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92568).

Cross References

   This section cited in 25 Pa. Code §  88.493 (relating to minimum environmental protection performance standards).

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