25 Pa. Code § 89.143. [Reserved].

§ 89.143. [Reserved].

Source

   The provisions of this §  89.143 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; paragraphs (2)(iii)(A)—(D) and (4) are suspended July 1, 1983, effective July 2, 1983, 13 Pa.B. 2057; amended March 29, 1985, 15 Pa.B. 1169, effective December 28, 1985, 15 Pa.B. 4581; corrected January 24, 1986, effective December 28, 1985, 16 Pa.B. 249; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended May 9, 1997, effective May 10, 1997, 27 Pa.B. 2371; reserved June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239683) to (239684) and (234539) to (234540).

Notes of Decisions

   Subsurface Rights
   DER has no duty under Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21) to consider effects of subsidence on underlying coal seam as the act does not apply to subsurface rights. George v. Department of Environmental Resources, 517 A.2d 578 (Pa. Cmwlth. 1986).
   DER must consider effects of subsidence on significant sources of public water under the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21) and a landowner’s failure to allege his stream as a significant source of public water is a de minimis error. George v. Department of Environmental Resources, 517 A.2d 578 (Pa. Cmwlth. 1986).

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