Subchapter H. COAL PREPARATION ACTIVITIES
Sec.
89.171. General requirements.
89.172. Informational requirements.
89.173. Performance standards.§ 89.171. General requirements.
(a) This subchapter applies to a person who intends to conduct coal preparation activities outside the permit area of a surface or underground coal mine or coal refuse disposal area, other than the activities which are located at the site of ultimate coal use.
(b) A person who conducts coal preparation activities shall obtain a permit from the Department under Chapter 86 and Subchapter A (relating to surface and underground coal mining: general; and erosion and sedimentation control).
Source The provisions of this § 89.171 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1711. Immediately preceding text appears at serial page (159061).
§ 89.172. Informational requirements.
(a) An application for a coal preparation activity shall contain:
(1) An erosion and sedimentation control plan under Subchapter A (relating to erosion and sedimentation control).
(2) An operation plan which specifies plans for the construction, operation and maintenance of the preparation plant.
(3) A reclamation plan which specifies plans for the removal of the preparation activities and reclamation of the affected area.
(4) The information requirements of Subchapter E (relating to prime farmlands), if applicable.
(b) An application shall demonstrate that the coal preparation activities will be conducted in compliance with the performance standards of this subchapter. A permit will not be issued unless the Department finds, in writing, that the activity will be conducted in compliance with the performance standards of § 89.173 (relating to performance standards).
Authority The provisions of this § 89.172 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 § 89.172 adopted 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. Immediately preceding text appears at serial page (199277).
§ 89.173. Performance standards.
Construction, operation, maintenance, modification, removal and reclamation of coal preparation activities shall comply with the following:
(1) Signs and markers shall comply with § 89.51 (relating to signs and markers).
(2) Erosion and sedimentation shall be controlled under § § 89.21—89.26 (relating to performance standards).
(3) The hydrologic balance shall be protected under § § 87.102(b), 87.106, 87.107, 87.119a, 89.52, 89.53, 89.55 and 89.57—89.60.
(4) If water from a coal preparation activity is discharged into a mine for treatment with the drainage from the mine, that mine may not be closed or sealed until the Department approves an alternate water handling procedure, including the necessary permit applications which shall be submitted to the Department within 18 months prior to the anticipated closure date of the mine to assure that necessary facilities and measures will be implemented prior to the mine closure or sealing.
(5) Stream channel diversions shall comply with § 89.56 (relating to stream channel diversions).
(6) Disposal of noncoal wastes shall comply with § 89.63 (relating to disposal of noncoal wastes).
(7) Fish, wildlife and related environmental values shall be protected under § 89.65 (relating to protection of fish, wildlife and related environmental values).
(8) Support facilities required for, or used incidental to, the operation of the coal preparation plant shall comply with § 89.67 (relating to support facilities).
(9) Temporary cessation of operations shall comply with § 89.68 (relating to cessation of operations: temporary).
(10) Impoundments shall meet the requirements of Subchapter D (relating to structural requirements for impoundments), except that dams constructed of, or impounding, coal processing wastes shall meet the requirements of Chapter 90 (relating to coal refuse disposal).
(11) Excess spoil, coal mine and coal processing wastes shall be disposed of under Chapter 90.
(12) Reclamation shall comply with § § 89.81—89.90 (relating to performance standards).
(13) Prime farmlands shall be handled in accordance with the performance standards of Subchapter E (relating to prime farmlands).
Authority The provisions of this § 89.173 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 § 89.173 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial page (313598).
Cross References This section cited in 25 Pa. Code § 89.172 (relating to informational requirements).
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