Subchapter B. OPERATIONS
INFORMATION REQUIREMENTS Sec.
89.31. General requirements.
89.32. General description of the underground mining activities.
89.33. Geology.
89.34. Hydrology.
89.35. Prediction of the hydrologic consequences.
89.36. Protection of the hydrologic balance.
89.37. Existing structures.
89.38. Archaeological and historic resources and public parks.
89.39. Underground development wastes and excess excavated material.
89.40. Return of coal processing and underground development waste to abandoned underground workings.
89.41. [Reserved].
89.42. [Reserved].
89.43. [Reserved].
89.44. [Reserved].
89.45. [Reserved].
89.46. [Reserved].
89.47. [Reserved].
89.48. [Reserved].
89.49. [Reserved].
PERFORMANCE STANDARDS
89.51. Signs and markers.
89.52. Water quality standards, effluent limitations and best management practices.
89.53. Precipitation event exemption.
89.54. Preventing discharges from underground mines.
89.55. Collection channels.
89.56. Stream channel diversions.
89.57. Treatment facility design.
89.58. Pollution-forming materials.
89.59. Surface water and groundwater monitoring.
89.60. Discharges to underground mines.
89.61. Coal recovery.
89.62. Use of explosives.
89.63. Disposal of noncoal wastes.
89.64. Air resources protection.
89.65. Protection of fish, wildlife and related environmental values.
89.66. Slides and other damage.
89.67. Support facilities.
89.68. Cessation of operations: temporary.
89.69. Other transportation facilities.
Cross References This subchapter cited in 25 Pa. Code § 89.154 (relating to maps).
INFORMATION REQUIREMENTS
§ 89.31. General requirements.
An application shall include an operation plan which describes the operation of the mine and related surface areas. The operation plan shall include, at a minimum, the information required in this subchapter and shall, at a minimum, be designed and implemented to achieve the performance standards set forth in this subchapter.
Source The provisions of this § 89.31 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382. Immediately preceding text appears at serial page (97540).
§ 89.32. General description of the underground mining activities.
The operation plan shall include a general narrative statement which succinctly describes:
(1) The type and method of coal mining used in existing areas of the mine and to be used in unmined areas of the mine.
(2) The major equipment to be used during mining operations.
(3) The coal seams to be mined, the anticipated annual tonnage and acres of coal to be mined.
(4) The existing and anticipated surface facilities which support the mining operation including airways, manways, boreholes, treatment plants, storage areas, disposal areas, preparation plants, tipples and transportation facilities.
(5) The estimated life of the mine.
(6) The history of existing areas of the mine including the year the mine was opened, and water problems encountered during mining.
(7) The extent, type and seam or mineral of adjacent abandoned or active mines.
Source The provisions of this § 89.32 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148915).
§ 89.33. Geology.
(a) The operation plan shall include a description of the areal and structural geology in the permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the underground mining activities.
(1) For lands within the proposed permit and adjacent areas and over the coal seam to be mined, the description shall include the results of test borings, coal samplings and the stratum immediately beneath the coal seam to be mined, and overlying strata. When an aquifer or existing deep mine below the lowest coal to be mined may be affected, the description shall also include the aquifer or existing deep mine and overlying strata. For mines not underlain by existing deep mines and greater than 200 feet (60.96 meters) below surface drainage, the description need only include the strata down to and including the stratum immediately below the coal seam to be mined. At a minimum, the description shall include:
(i) The location and quality of groundwater.
(ii) The depth, lithology and structure of overburden strata.
(iii) Coal seam thickness.
(iv) Chemical analysis for pollution-forming materials of the stratum immediately above and the stratum immediately below the coal seam to be mined.
(v) Chemical analyses for pollution-forming materials of the coal seam including the sulfur content.
(2) Additionally, for portions of a permit area in which the strata down to the coal seam to be mined will be removed, as in the face up area, test borings or core samples shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. For the purposes of this section, boreholes, drill holes, slopes and shafts do not constitute removal of overburden. The following data shall be provided:
(i) Logs of drill holes that show the lithologic characteristics, including physical characteristics and thickness of each stratum, and location and quality of groundwater.
(ii) Chemical analyses of each stratum within the overburden and the stratum immediately below the coal seam to be mined to identify those strata that contain pollution-forming or alkalinity-producing materials.
(iii) Chemical analyses for pollution-forming materials of the coal seam, including the total sulfur content.
(b) An applicant may request that the requirements of subsection (a)(2) be waived in part or in its entirety by the Department. The waiver can be granted only if the Department makes a written determination that the information required by subsection (a)(2) is unnecessary because other information having equal value or effect is available to the Department in a satisfactory form.
Source The provisions of this § 89.33 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239665) to (239666).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 89.141 (relating to application requirements).
§ 89.34. Hydrology.
(a) The operation plan shall contain premining or baseline hydrologic information representative of the proposed permit, adjacent and general areas.
(1) Groundwater information shall include:
(i) The results of a groundwater inventory of existing wells, springs and other groundwater resources, providing information on location, ownership, quality, quantity, depth to water and usage for the proposed permit area and adjacent area. Information on water availability, occurrence and alternative water supplies shall be emphasized and water-quality information relating to suitability for existing premining uses shall be provided. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.
(ii) Other information on the baseline hydraulic and hydrogeologic properties of the groundwater system shall be included with the application. Information on indicator parameters, such as pumping test, lithologic and piezometer data or other appropriate information shall be provided in the application.
(iii) A groundwater monitoring plan under § 89.59 (relating to surface water and groundwater monitoring). The plan shall logically relate to the analysis of the baseline information and the prediction of the probable hydrologic consequences of mining and reclamation required by § 89.35 (relating to prediction of the hydrologic consequences). The plan shall identify monitoring locations and sampling frequency. Water availability, including water levels and yields, and approximate overallrecharge protection shall be emphasized. The plan shall provide for monitoring the minimum group of parameters in § 89.59, plus additional parameters that relate to the suitability of the groundwater for current and approved postming land uses, the protection of the hydrologic balance and locally potential problem causing conditions at or near the mine site.
(2) Surface water information shall include:
(i) A description of streams, valuable impoundments and alternative water supplies. The information shall include the name, location and qualitative and quantitative seasonal flow conditions. Water-quality descriptions, at a minimum, shall include base-line information on total suspended solids, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, sulfates, total iron, total manganese and other locally significant water-quality characteristics. Base-line acidity information shall be provided if acid neutralization is anticipated for the proposed operation. The location of point source discharge and the name and location of the surface stream into which the point source will be discharged shall be provided. The Department may require additional hydrologic information if the predictive evaluation required by § 89.35 indicates that adverse, offsite impacts are likely to occur or, if the data are necessary to properly plan for remedial and reclamation activities.
(ii) A surface water monitoring plan under § 89.59. The plan shall logically relate to the analysis of baseline information and the prediction of the probable hydrologic consequences of mining and reclamation required by § 89.35. The plan shall identify monitoring locations and monitoring frequency. The plan shall emphasize low flows and high flows and their variable quality. The plan shall provide for monitoring the minimum group of parameters in § 89.59, plus additional parameters that relate to the suitability of the surface water for current and approved postmining land uses, the protection of the hydrologic balance and locally potential problem-causing conditions at or near the mine site. Special emphasis shall be given to accurately measuring and documenting the quality and quantity of water discharging from the permit area so that onsite damages can be minimized and offsite damages are prevented to the greatest extent possible.
(b) The Department may require hydrologic tests, including, but not limited to, drilling, infiltration, other aquifer tests and stream flow measurements. The results shall be submitted to the Department.
Authority The provisions of this § 89.34 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21); 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 § 89.34 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; 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 June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239665) to (239668).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 89.59 (relating to surface water and groundwater monitoring).
§ 89.35. Prediction of the hydrologic consequences.
The operation plan shall include a prediction of the probable hydrologic consequences of the proposed underground mining activities upon the quantity and quality of groundwater and surface water within the proposed permit, adjacent and general areas under seasonal flow conditions, and whether underground mining activities may result in contamination, diminution or interruption of any water supplies within the permit or adjacent area. The prediction shall be prepared by a qualified hydrologist or engineer. The probable hydrologic consequences determination shall emphasize the anticipated responses of groundwater and surface water flow, its rate, direction and quality and quantity to the proposed underground mining activities. The prediction shall be based on baseline data collected at the proposed mine site or data statistically representative of the site or a combination of both. The prediction required by this section may be developed using modeling techniques, but the Department may require verification of any models.
Source The provisions of this § 89.35 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial page (239668).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 89.34 (relating to hydrology).
§ 89.36. Protection of the hydrologic balance.
(a) The operation plan shall describe, with appropriate maps and cross sections, the measures to be taken to ensure the protection of the hydrologic balance and to prevent adverse hydrologic consequences. The measures shall address:
(1) The quality and quantity of surface and groundwater within the proposed permit and adjacent areas.
(2) The rights of present users to surface and groundwater.
(3) The control of surface and groundwater drainage into, through and out of the permit area.
(4) The treatment, when required, of surface and groundwater drainage from the permit area, and proposed quantitative limits on pollutants in discharges as provided in § 89.52 (relating to water quality standards, effluent limitations and best management practices).
(b) The operation plan shall also describe how the proposed mine development plan will prevent or minimize adverse hydrologic consequences. The plan shall consider:
(1) The location of mine openings to prevent postmining discharges as required by § 89.54 (relating to preventing discharges from underground mines).
(2) Possible alterations in the mine development plan or method of mining in response to adverse impacts on the hydrologic balance as indicated by the groundwater monitoring system.
(c) The operation plan shall include a description of the measures which will be taken to replace water supplies which are contaminated, diminished or interrupted by underground mining activities. An operator is not required to provide a replacement water supply prior to mining as a condition for securing a permit.
Source The provisions of this § 89.36 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 June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239668) and (244247).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 86.81 (relating to program services); and 25 Pa. Code § 89.59 (relating to surface water and groundwater monitoring).
§ 89.37. Existing structures.
(a) The operation plan shall contain a description of each existing structure proposed to be used in connection with or to facilitate the mining operation. The description shall include the following:
(1) Location.
(2) Current condition.
(3) A demonstration that the structure is in compliance with the performance standards of this chapter.
(b) The operation plan shall describe how each noncomplying existing structure will be modified or reconstructed to comply with the design and performance standards of this chapter. The description shall include the following:
(1) Design specifications for the modification or reconstruction of the structure.
(2) A construction schedule.
(3) Provisions for monitoring the structure during and after modification or reconstruction.
(4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.
Source The provisions of this § 89.37 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.
§ 89.38. Archaeological and historical resources, public parks and publicly-owned parks.
(a) The operation plan shall describe and identify the nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known significant archaeological or cultural sites and public parks within the proposed permit area and adjacent area. The description shall be based on available information, including, but not limited to, data of State and local archaeological, historical and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following:
(1) The collection of additional information.
(2) The conducting of field investigations.
(3) Other appropriate analysis.
(b) For publicly owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed underground mining activities, the plan shall describe the measures to be used to accomplish one of the following:
(1) The prevention of adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(2) The minimization of adverse impacts if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
(c) The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance if the required measures are completed before the properties are affected by underground mining activity or coal preparation activity.
Source The provisions of this § 89.38 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 June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (239670) and (234527).
Cross References This section cited in 25 Pa. Code § 86.81 (relating to program services).
§ 89.39. Underground development wastes and excess excavated material.
Disposal of underground development wastes and excess excavated material shall be disposed of in accordance with Chapter 90 (relating to coal refuse disposal).
Source The provisions of this § 89.39 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.
§ 89.40. Return of coal processing and underground development waste to abandoned underground workings.
(a) The operation plan shall describe the design, operation and maintenance of any proposed facility for return of coal processing or underground development waste to an underground mine. The description shall include:
(1) Flow diagrams and any other necessary drawings and maps, for the approval of the Department and the Mine Safety and Health Administration.
(2) The source and quality of waste to be stowed, area to be backstowed, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill and the anticipated occurrence of surface effects following backfilling.
(3) The source of the hydraulic transport medium, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams and the effect on the hydrologic regime.
(4) The stratum underlying the mined coal and gradient from the backfilled area.
(b) The requirements of this section shall also apply to pneumatic backfilling operations, except when the operations are exempted by the Department from requirements specifying hydrologic monitoring.
Source The provisions of this § 89.40 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.
§ 89.41. [Reserved].
Source The provisions of this § 89.41 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.42. [Reserved].
Source The provisions of this § 89.42 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.43. [Reserved].
Source The provisions of this § 89.43 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.44. [Reserved].
Source The provisions of this § 89.44 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.45. [Reserved].
Source The provisions of this § 89.45 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.46. [Reserved].
Source The provisions of this § 89.46 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.47. [Reserved].
Source The provisions of this § 89.47 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.48. [Reserved].
Source The provisions of this § 89.48 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 89.49. [Reserved].
Source The provisions of this § 89.49 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
PERFORMANCE STANDARDS
§ 89.51. Signs and markers.
(a) Signs and markers shall:
(1) Be posted, maintained and removed by the operator.
(2) Be of a uniform design that can be easily seen and read.
(3) Be made of durable material.
(4) Conform to local laws and regulations.
(b) Signs and markers shall be maintained during all activities to which they pertain.
(c) Mine and permit identification signs shall be as follows:
(1) Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.
(2) Signs shall show the name, business address and telephone number of the operator and the identification number of the current permit authorizing underground mining activities.
(3) Signs shall be retained and maintained until after the release of all bonds for the permit area.
(d) The operator shall clearly mark the perimeter of all areas affected by surface operations or facilities before beginning mining activities.
(e) Stream buffer zones shall be clearly marked to prevent disturbance by surface operations and facilities.
(f) Persons who conduct surface blasting incidental to underground mining activities shall:
(1) Conspicuously flag or post the area in the immediate vicinity of blasting activities.
(2) Place at all entrances to areas of surface operations and facilities in the permit area, from public roads or highways, conspicuous signs which state ‘‘Warning: Explosives in Use.’’
(g) When topsoil or other vegetation-supporting material is segregated and stockpiled, the stockpiled material shall be clearly marked.
(h) Groundwater and surface water monitoring locations and sampling points used to obtain background information shall be clearly marked and identified. The identification of monitoring locations and sampling points shall correspond with the identification used in the permit application. Markers used to identify monitoring locations shall be made of durable material. The Department may waive marking requirements in cases where the monitoring location or sampling point is obvious or where marking would be objectionable for aesthetic reasons.
Authority The provisions of this § 89.51 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21); 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 § 89.51 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. 5281. Immediately preceding text appears at serial pages (199220) to (199221).
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.52. Water quality standards, effluent limitations and best management practices.
(a) Prevailing hydrologic balance. Underground mining activities shall be planned and conducted to minimize changes to the prevailing hydrologic balance in both the permit and adjacent areas.
(b) Minimum requirements. At a minimum, water which is discharged or is permitted to flow from areas disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities, shall be passed through a sedimentation pond or treatment facility before discharging, except as provided in subsection (j).
(c) Effluent limitations. A person may not allow a discharge of water from an area disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent standards. The effluent limitations shall be applied under subsection (d).
Group A
30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH 1 greater than 6.0; less than 9.0 alkalinity greater than acidity 1 1 The parameter is applicable at all times.
Group B
Instantaneous Parameter Maximum iron (total) 7.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
Instantaneous Parameter Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity (d) Limitations. The effluent limitations and precipitation exemptions are as follows:
(1) The discharges specified in this subsection shall comply with the effluent limitation in this subsection:
Precipitation Effluent Type Discharge Event Limitations Drainage from underground mine workings all Group A Surface runoff from active area dry weather
less than or equal to 10yr-24hr
greater than 10yr-24hrGroup A
Group B
Group CSurface runoff from area where Stage 2
standards achieveddry weather
less than or equal to 10yr-24hr
achieved greater than 10yr-24hrGroup A
Group B
Group CAll other discharges dry weather
less than or equal to 10yr-24hr
greater than 10yr-24hrGroup A
Group B
Group C(2) To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with § 89.53 (relating to precipitation event exemption).
(e) Exceptions to effluent limitations. Exceptions to effluent limitations are as follows:
(1) The pH of water being discharged shall be maintained between 6.0 and 9.0 except in the following circumstances:
(i) The operator demonstrates that the wastes are discharged to an acid stream in which cases the pH may be greater than 9.0.
(ii) The operator affirmatively demonstrates, in writing, to the Department that biological respiration in the wastewater treatment system will cause the discharge to exceed the limits in this section and that exceeding these limits will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act (33 U.S.C.A. § § 1251—1376), in which case the Department may grant a variance in writing from the limitation in this section.
(iii) The operator affirmatively demonstrates to the Department that the wastewater treatment process being used by the operator requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act, in which case the Department may grant a variance from this limitation.
(2) When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/l, the manganese limitation does not apply.
(f) Postmining pollutional discharges.
(1) If a postmining pollutional discharge occurs, the discharger shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (e), (g) or (h). The discharger shall also take whatever measures are necessary and available to abate the discharge, including modifying the operation and reclamation plan for the mining activity.
(2) If the discharge continues to exist, after implementation of the abatement measures required under paragraph (1), the discharger shall make provisions for sound future treatment of the discharge to achieve the Group A effluent requirements in subsection (c), including modifications authorized or required under subsection (e) or (h). If the untreated discharge can be adequately treated using a passive treatment system, in addition to achieving the effluent requirements, the passive treatment system shall be designed and constructed to accomplish the following:
(i) Prevent discharge of mine drainage into the groundwater.
(ii) Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system.
(iii) Hydraulically handle the highest average monthly flow rate which occurs during a 12-month period.
(iv) Have inlet and outlet structures which will allow for flow measurement and water sampling.
(v) Prevent to the maximum extent practicable physical damage, and associated loss of effectiveness, due to wildlife and vandalism.
(vi) Be of a capacity so that it will operate effectively and achieve the required effluent quality for 15 to 25 years before needing to be replaced.
(3) Any passive treatment system shall be designed by, and constructed under the supervision of, a qualified professional knowledgeable in the subject of passive treatment of mine drainage.
(g) Single facilities for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge.
(h) Additional requirements. In addition to the requirements of subsections (c)—(g), the discharge of water from the permit area shall comply with this title, including Chapters 91—93, 95, 96, 97 (reserved) and 102.
(i) Responsibility. The permittee is permanently responsible for discharges which are encountered or are affected by or connected with the mining or reclamation activities.
(j) Exemption. The Department may grant an exemption to subsection (b) only if the person who conducts the operation demonstrates, and the Department finds, in writing, that:
(1) Sedimentation ponds or treatment facilities are not needed to achieve the effluent limitations in subsections (c)—(f) and the water quality standards in Chapter 93.
(2) There is no mixture of surface runoff with drainage from underground mine workings.
(3) The disturbed area is small for drainage from areas affected by surface facilities.
Authority The provisions of this § 89.52 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § § 1406.1—1406.21); The Clean Streams Law (35 P.S. § § 691.1—691.1001); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 3.2 of the Coal Refuse Disposal Control Act (52 P.S.§ 30.53b).
Source The provisions of this § 89.52 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 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 November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (313567) to (313570) and (357535).
Cross References This section cited in 25 Pa. Code § 86.1 (relating to definitions); 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 86.283 (relating to procedures); 25 Pa. Code § 86.294 (relating to uses and limitations); 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code § 89.36 (relating to protection of the hydrologic balance); 25 Pa. Code § 89.53 (relating to precipitation event exemption); 25 Pa. Code § 89.58 (relating to pollution-forming materials); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.53. Precipitation event exemption.
(a) To establish the alternative effluent limitations of Group B or C in § 89.52(c) (relating to water quality standards, effluent limitations and best management practices), a permittee shall demonstrate to the Department’s satisfaction that a precipitation event has occurred, under the procedures in this section.
(1) The occurrence of a precipitation event greater than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (b)—(d) for each discharge that exceeds the effluent limits specified in § 89.52, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption is available under this section. If the permittee demonstrates to the Department’s satisfaction that a greater than 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitation of Group C in § 89.52(c).
(2) The occurrence of a precipitation event equal to or less than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (c) and (d) for each discharge that exceeds the effluent limits specified in § 89.52, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption is available under this section. If the permittee demonstrates to the Department’s satisfaction that a precipitation event equal to or less than a 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitations of Group B in § 89.52(c).
(b) The 10-year, 24-hour rainfall events for specific areas in this Commonwealth shall be determined by reference to data provided by the National Oceanic and Atmospheric Administration or equivalent resources.
(c) For the permittee to demonstrate that the 10-year, 24-hour event has for the mine area been exceeded, or that dry weather flow conditions did not exist, the permittee shall comply with one of the following:
(1) The permittee shall comply with subparagraphs (i) and (ii).
(i) Collect 24-hour rainfall information from official United States Weather Bureau Stations within a 25-mile distance—radius—of the site.
(ii) By appropriate interpolation of the data collected under subparagraph (i), calculate the estimated rainfall event for the site. Appropriate interpolation shall be accomplished by:
(A) Construction of an isohyetal map in accordance with the guidelines established by the Department.
(B) Linear interpolation between the isohytes.
(2) The permittee shall comply with the following:
(i) Prepare a verified copy of the chart or readout from a Department-approved flow measuring device which continuously records the influent to the permitted treatment facility. The device shall be approved by the Department in writing prior to the rainfall event for which the exemption is sought and shall be secured to prevent tampering and acts of third parties.
(ii) Prepare an analysis identifying the runoff area tributary to the treatment facility, and compare the actual runoff as measured and depicted by the flow measuring device with the runoff expected from the 10-year, 24-hour rainfall event specified for the mine area.
(3) Develop alternative documentation or data concerning the rainfall event. The method or system for developing the documentation or data shall be approved in writing prior to the occurrence of the rainfall event for which the exemption is being sought, and shall guarantee the integrity of the information collected.
(d) When the discharge from the site exceeds an effluent limit in the permit, the permittee shall notify the Department within 5 days of the occurrence of the event that he is applying for an exemption from that limit, and shall within 30 days thereafter provide to the Department:
(1) The data required by subsection (c).
(2) A showing that the facility from which the discharge occurred was designed, maintained and operated during and prior to the event to accommodate or treat a 10-year, 24-hour rainfall.
(e) The permittee is not entitled to claim a greater than 10-year, 24-hour precipitation event storm exemption unless the permittee has fully complied with subsections (c) and (d).
(f) Nothing in this section authorizes the Department to grant an exemption for a discharge which the Department finds may have caused or contributed to a violation of general or specific water quality criteria in Chapter 93 (relating to water quality standards).
Authority The provisions of this § 89.53 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 89.53 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 June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (357535) to (357536), (313573) to (313574) and (207601) to (207602).
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code § 89.52 (relating to water quality standards, effluent limitations and best management practices); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.54. Preventing discharges from underground mines.
(a) Surface entries and accesses to the mine, including drifts, adits, slopes and shafts, shall be located, designed, constructed and utilized to prevent gravity discharge of water from the mine.
(b) Barriers of coal left around an underground mine shall be located and designed to prevent gravity discharge from the mine and assist in returning the water table to near its premining condition.
(c) Each exploration hole, drill hole or borehole, shaft, well or other opening to an underground mine shall be cased, lined, sealed or otherwise managed to prevent degradation of the quality of groundwaters and surface waters, to minimize disturbance to the prevailing hydrologic balance and to ensure the safety of people, livestock, fish and wildlife and machinery in the permit and adjacent area. Each exploration hole, drill hole, borehole or well that is uncovered or exposed by mining activities within the permit area shall be permanently closed in a water-tight manner, unless approved for water monitoring or otherwise managed in a manner approved by the Department. This section does not apply to holes drilled and used for blasting in the area affected by surface operations.
(d) Gas and oil wells that are uncovered or exposed by mining activities within the permit area shall be sealed in accordance with the Oil and Gas Act (58 P. S. § § 601.101—601.605).
Authority The provisions of this § 89.54 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § § 1406.1—1406.21); 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 § 89.54 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. Imediately preceding text appears at serial page (199227).
Cross References This section cited in 25 Pa. Code § 86.133 (relating to general requirements); 25 Pa. Code § 86.134 (relating to coal exploration performance and design standards); 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation and operation plan); 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.36 (relating to protection of the hydrologic balance).
§ 89.55. Collection channels.
(a) A channel or ditch that is used to collect or transport waters, or both, into wastewater treatment facilities shall be constructed to safely pass the peak runoff from a precipitation event with a 10-year recurrence interval, or a larger event as specified by the Department.
(b) Channel design shall incorporate:
(1) Channel linings to safely pass the design velocities.
(2) Adequate freeboard.
(3) Energy dissipators when necessary.
Source The provisions of this § 89.55 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.
Cross References This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.56. Stream channel diversions.
(a) Flow from perennial and intermittent streams within the permit area may be diverted if the diversions:
(1) Will not adversely affect, during and after mining, the water quantity and quality of the stream.
(2) Comply with other requirements of this chapter and Chapter 105 (relating to dam safety and waterway management).
(3) Comply with local, State and Federal statutes and regulations.
(b) When streamflow diversion is approved, the stream channel diversion shall be designed, constructed and removed, as follows:
(1) The longitudinal profile of the stream, the channel and the flood plain shall be designed and constructed to remain stable and to prevent, using the best technology currently available, additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions may not be in excess of requirements of State or Federal law. Erosion control structures, such as channel lining structures, retention basins and artificial channel roughness structures shall be approved for permanent diversions only when they are stable and will require infrequent maintenance.
(2) The combination of channel, bank and flood plain configurations shall be adequate to prevent a flooding potential greater than that created by the natural conditions of the natural channel. However, the capacity of the channel itself shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.
(3) The design and construction of stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part.
(c) When no longer needed to achieve the purpose for which they are authorized, temporary stream channel diversions shall be removed and the affected land regraded and revegetated, in accordance with § § 89.84—89.86 (relating to backfilling and grading; topsoil use; and revegetation). At the time diversions are removed, facilities previously protected by the diversion shall be modified or moved to prevent overtopping or failure of the facilities. These requirements do not relieve the operator from maintenance of a water treatment facility otherwise required under this chapter, and the erosion and sedimentation control requirements of Chapter 102 (relating to erosion and sediment control).
(d) When permanent diversions are constructed or stream channels are restored after temporary diversion, the operator shall establish or restore:
(1) The natural riparian vegetation on the banks of the stream.
(2) The stream to a natural meandering shape.
(3) The stream to a longitudinal profile and cross section, including aquatic habitats, that approximate premining stream channel characteristics.
Source The provisions of this § 89.56 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148931) to (148932).
Cross References This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.57. Treatment facility design.
(a) Facilities and measures for treating discharges from disturbed areas shall be designed for the runoff from a 10-year, 24-hour rainfall event.
(b) Facilities and measures for treating any discharges shall be based on good engineering design and shall include failure warning devices and backup systems as necessary to insure compliance with subsection (a).
(c) The design, construction and maintenance of a treatment facility shall not relieve an operator of his responsibility for complying with the applicable treatment requirements and effluent limitations established under § 95.1(a) (relating to general requirements).
Source The provisions of this § 89.57 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.58. Pollution-forming materials.
Drainage from pollution-forming underground development waste and spoil, if any, into groundwater and surface water shall be avoided by:
(1) Identifying, burying and treating, when necessary, waste and spoil which, in the judgment of the Department, may be detrimental to vegetation or may adversely affect water quality if not treated or buried.
(2) Preventing water from coming into contact with pollution-forming materials in accordance with measures required by the Department.
(3) Disposing of the pollution-forming underground development wastes in accordance with Chapter 90 (relating to coal refuse disposal). Temporary storage of the materials may be approved by the Department upon a finding that storage will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Pollution-forming underground development waste and spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water. Any discharge shall conform with § 89.52 (relating to water quality standards, effluent limitations and best management practices).
Source The provisions of this § 89.58 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.59. Surface water and groundwater monitoring.
(a) Surface water and groundwater monitoring shall be conducted under § 89.34 (relating to hydrology) and with the monitoring plan contained in the permit. At a minimum, surface water and groundwater monitoring shall include the following conditions:
(1) Groundwater levels, subsurface flow and storage characteristics and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of underground mining activities on the quantity and quality of groundwater in the permit and adjacent areas.
(2) Groundwater levels and groundwater quality shall be monitored, when underground mining activities may affect the groundwater systems which serve as aquifers which significantly ensure the hydrologic balance of water use on or off the permit area. Monitoring shall include measurements from a sufficient number of wells, and chemical analyses of water from aquifers which adequately reflect changes in groundwater quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of underground mining activities, if necessary, to minimize disturbance of the prevailing hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total manganese, sulfates and water levels shall be monitored and reported to the Department at least every 3 months for each monitoring location.
(3) In addition to the monitoring and reporting requirements in Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored accurately to measure and record the water quantity and quality of discharges from the permit area and the effect of the discharges on the receiving waters. Surface water shall be monitored for parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in § 89.36 (relating to protection of hydrologic balance). At a minimum, total dissolved solids or specific conductance corrected to 25°C, total suspended solids, total iron, total manganese, acidity, alkalinity, pH, sulfates and flow shall be monitored and reported to the Department at least every 3 months for each monitoring location.
(b) The Department may require the operator to perform additional hydrologic tests, including, but not limited to, drilling, infiltration tests, aquifer tests and stream flow measurements. The results shall be submitted to the Department to demonstrate compliance with this section. The Department may also require the operator to conduct monitoring and reporting more frequently than every 3 months and to monitor additional parameters beyond the minimum specified in this section.
Authority The provisions of this § 89.59 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § § 1406.1—1406.21); The Clean Streams Law (35 P.S. § § 691.1—691.1001); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b).
Source The provisions of this § 89.59 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; 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 March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (271937) to (271938) and (335853).
Cross References This section cited in 25 Pa. Code § 89.34 (relating to hydrology); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.60. Discharges to underground mines.
Water from the surface or from an underground mine may not be diverted or discharged into other underground mine workings, unless the operator demonstrates to the Department that the discharge will:
(1) Abate water pollution or otherwise eliminate public hazards resulting from underground mining activities.
(2) Be discharged as a controlled flow.
(3) Be limited to:
(i) Coal processing wastes.
(ii) Underground mine development wastes.
(iii) Fly ash from a coal-fired facility.
(iv) Sludge from a mine drainage treatment facility.
(v) Flue gas desulfurization sludge.
(vi) Inert materials used for stabilizing underground mines.
(vii) Other wastes as may be approved by the Department.
(4) Continue as a controlled and identifiable flow and is ultimately treated by an existing treatment facility, or will otherwise meet all State and Federal water quality standards and effluent limitations.
(5) In any event, the discharge from underground mines to surface waters will not cause, result in or contribute to a violation of applicable water quality standards or effluent limitations.
(6) Minimize disturbance to the hydrologic balance.
(7) Meet with the approval of the Mine Safety and Health Administration and the Office of Deep Mine Safety of the Department.
Source The provisions of this § 89.60 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.61. Coal recovery.
Underground mining activities shall be conducted to maximize the utilization and conservation of the coal, so that reaffecting the land in the future can be minimized. Provided, however, the resource, utility and conservation may not excuse the operator from complying in full with environmental protection and health and safety standards.
Source The provisions of this § 89.61 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation and operation plan); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).
§ 89.62. Use of explosives.
Each person who conducts surface blasting activities incident to underground mining activities, including, but not limited to, mine opening blasting, shall conduct the activities in compliance with Chapter 87 (relating to surface mining of coal).
Authority The provisions of this § 89.62 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20).
Source The provisions of this § 89.62 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial page (207608).
§ 89.63. Disposal of noncoal wastes.
Noncoal wastes, including, but not limited to, grease, lubricants, paints, flammable liquids, garbage and other hazardous wastes, shall be disposed of or stored in accordance with the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003) and the regulations promulgated thereunder. Storage shall be such that fires are prevented and that the area remains stable and suitable for reclamation and revegetation.
Authority The provisions of this § 89.63 amended under the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19a); The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § § 1406.1—1406.21); 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 § 89.63 adopted 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 page (199232).
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code § 89.90 (relating to restoration of roads); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.64. Air resources protection.
Air pollution control measures shall be planned and employed as an integral part of the underground mining activities and shall meet the following requirements:
(1) If processing facilities are to be used at the mining site, the facilities shall meet the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources).
(2) Fugitive dust control measures shall demonstrate compliance with Chapters 121, 123, 127 and 129.
Source The provisions of this § 89.64 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.13 (relating to air pollution control plan).
§ 89.65. Protection of fish, wildlife and related environmental values.
(a) The operator shall to the extent possible, using the best technology currently available, minimize disturbances and adverse impacts of the activities on fish, wildlife and related environmental values, and achieve enhancement of the resources when practicable.
(b) The operator shall promptly report to the Department the presence in the permit area of any threatened or endangered species under State or Federal law of which that person becomes aware and which was not previously reported to the Department by that person.
(c) The operator shall ensure that the design and construction of any new electric power lines and other transmission facilities to be used for or incidental to the underground mining activities on the permit area shall be designed and constructed in accordance with the guidelines in Environmental Criteria for Electric Transmission Systems (USDI, ISDA (1970)), or in alternative guidance manuals approved by the Department. Distribution lines shall be designed and constructed in accordance with REA Bulletin 61–10 Powerline Contact by Eagles and Other Large Birds or in alternative guidance manuals approved by the Department. For information purposes, these two documents are available at the Office of Surface Mining Office, United States Department of the Interior, South Interior Building, Washington, D.C., 20240, and at each Office of Surface Mining Regional Office, District Office and Field Office.
(d) The operator shall to the extent possible, using the best technology currently available:
(1) Locate and operate haul and access roads to avoid or minimize impacts to fish and wildlife species or other species protected by State or Federal law.
(2) Avoid disturbances to, enhance where practicable, or restore habitats of unusually high value for fish and wildlife.
(3) When practicable, maintain natural riparian vegetation on the banks of streams, lakes and other wetland areas.
(4) Not use restricted pesticides or herbicides on the area during underground mining and reclamation activities unless approved by the Department of Agriculture.
Source The provisions of this § 89.65 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207609) to (207610).
Cross References This section cited in 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.66. Slides and other damage.
If a slide occurs which may have a potentially adverse effect on public property, health, safety or the environment, the operator shall promptly notify the Department and implement necessary remedial measures approved by the Department.
Source The provisions of this § 89.66 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).
§ 89.67. Support facilities.
(a) Support facilities required for, or used incidentally to, the operation of the underground mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops and other buildings, shall be located, maintained and used in a manner that does the following:
(1) Prevents or controls erosion and siltation, water pollution and damage to public or private property.
(2) To the extent possible using the best technology currently available:
(i) Minimizes damage to fish, wildlife and related environmental values.
(ii) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Contributions may not be in excess of limitations of State or Federal law.
(b) Surface mining activities associated with an underground mine shall be conducted in a manner which minimizes damage, destruction or disruption of services provided by oil, gas and water wells; oil, gas and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under or through a permit area, unless otherwise approved by the owner of those surface facilities and the Department.
Source The provisions of this § 89.67 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761; corrected October 15, 1999, effective August 1, 1998, 29 Pa.B. 5389; amended July 7, 2000, effective October 16, 1999, 30 Pa.B. 3439. Immediately preceding text appears at serial pages (260524) to (260525).
Cross References This section cited in 25 Pa. Code § 88.492 (relating to minimum requirements for reclamation and operation plan); 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.68. Cessation of operations: temporary.
(a) The operator shall support and maintain surface access openings to underground operations until they are closed as required by § 89.83 (relating to closing of underground mine openings). In areas in which there are no current operations, but in which operations are to be resumed under an approved permit, surface facilities shall be secured and maintained to ensure safety to people, livestock and wildlife. Temporary abandonment, may not relieve a person of his obligation to comply with any provisions of the approved permit.
(b) Before temporary cessation of mining and reclamation operations for a period of 30 days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, the operator shall submit to the Department a notice of intention to cease operations. This notice shall include a statement of the exact number of surface areas and the horizontal and vertical extent of subsurface strata which have been affected prior to cessation, the extent and kind of reclamation of the surface area which will have been accomplished prior to cessation, and identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures and water treatment activities that will continue during the temporary cessation.
Source The provisions of this § 89.68 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards); 25 Pa. Code § 89.83 (relating to closing of underground mine openings); and 25 Pa. Code § 89.173 (relating to performance standards).
§ 89.69. Other transportation facilities.
Railroad loops, spurs, sidings, surface conveyor systems, chutes, aerial tramways or other transportation facilities within the permit area shall be designed, constructed or reconstructed and maintained to:
(1) Prevent, using the best technology currently available:
(i) Damage to fish, wildlife and related environmental values.
(ii) Additional contributions of suspended solids to streamflow or runoff outside the disturbed area. Contributions may not be in excess of limitations of State or Federal law.
(2) Control and minimize diminution or degradation of water quality and quantity.
(3) Control and minimize erosion and sedimentation.
(4) Control and minimize air pollution.
(5) Prevent damage to public or private property.
Source The provisions of this § 89.69 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
Cross References This section cited in 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).
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.
