§ 90.167. Cessation of operations: temporary.
(a) Before temporary cessation status of operations for a period of 30 days or more, an operator shall submit to the Department a notice of intention to temporarily cease operations. The notice shall include all of the following:
(1) A statement of the exact number of acres affected in the permit area.
(2) A description of the extent and kind of reclamation of the areas.
(3) Identification of the backfilling, regrading, revegetation, environmental monitoring and water treatment activities that will continue during the temporary cessation status.
(4) A description of the status of all operations that are a source of the coal refuse.
(b) Before temporary cessation status of operations for a period of 90 days or more, an operator shall submit to the Department a notice that may be included in, or submitted subsequent to, the notice required under subsection (a) and shall include all of the following:
(1) Confirmation that the current bond under the permit is sufficient to complete the reclamation of the coal refuse area.
(2) The timing of the installation of the phased system to prevent precipitation from contacting the refuse.
(c) Temporary cessation status of operations does not relieve the operator of the obligations to comply with the acts as defined in § 86.1 (relating to definitions), this chapter or Chapters 86, 87, 88 or 89 or the approved permit, including the obligation to submit an application for permit renewal at least 180 days before the expiration of the existing permit. The Department may enforce these obligations during the temporary cessation status of operations.
(d) [Reserved].
(e) Temporary cessation status of a coal refuse disposal operation ends with the resumption of operations at that site. Subsequent notices of temporary cessation status following resumption of coal refuse operations must include updated information outlined in this section.
(f) Temporary cessation status of a coal refuse disposal operation ends with the resumption of operations at a source of the coal refuse or by permanent cessation at all sources of the coal refuse.
(g) Temporary cessation status of a coal refuse disposal operation ends with the permanent cessation of operations as specified in § 90.168 (relating to cessation of operations: permanent).
Authority The provisions for this § 90.167 added under section 5 of The Clean Streams Law (35 P.S. § 691.5), section 4.2(a) of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b(a)), section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b) and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 90.167 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 July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735; amended September 9, 2022, effective September 10, 2022, 52 Pa.B. 5804. Immediately preceding text appears at serial pages (401078) to (401079).
Cross References This section cited in 25 Pa. Code § 90.50 (relating to design criteria: groundwater and surface water protection system); and 25 Pa. Code § 90.168 (relating to cessation of operations: permanent).
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