25 Pa. Code § 90.168. Cessation of operations: permanent.

§ 90.168. Cessation of operations: permanent.

(a)  Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not required for monitoring, unless approved by the Department as suitable for the postmining land use, shall be removed and the affected land reclaimed.
(b)  Unless coal refuse disposal operations resume as specified in §  90.167(e) or (f) (relating to cessation of operations: temporary), termination of temporary cessation status will place the mining operation in permanent cessation status and subject to the provisions of subsection (a). Temporary cessation status will terminate for operations that fail to comply with any of the following:
   (1)  A final adjudicated proceeding as defined under §  86.355(e) (relating to criteria for approval of application) as a result of an act or omission which violates the acts as defined in §  86.1 (relating to definitions), this chapter or Chapters 86, 87, 88 or 89.
   (2)  A permit condition required by the acts, this chapter or Chapters 86, 87, 88 or 89.
   (3)  A consent order and agreement or a consent order.

Authority

   The provisions for this §  90.168 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 §  90.168 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended September 9, 2022, effective September 10, 2022, 52 Pa.B. 5804. Immediately preceding text appears at serial page (401079).

Cross References

   This section cited in 25 Pa. Code §  90.167 (relating to cessation of operations: temporary).

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