§ 90.3. General requirements: permit.
(a) The person who conducts coal refuse disposal activities shall maximize, to the extent technologically and economically feasible and consistent with applicable deep mine safety requirements, the underground disposal of refuse in abandoned, inactive or active deep mines, or in abandoned or unreclaimed surface mines. The application shall include a statement specifying whether or not disposal of coal refuse in abandoned, inactive or active deep mines or in abandoned or unreclaimed surface mines is proposed for the operation and, if not, outlining the technical, economic and safety considerations prohibiting such disposal.
(b) A person who conducts coal refuse disposal activities shall comply with the requirements of this chapter and Chapter 86 (relating to surface and underground coal mining: general), except, however:
(1) Disposal of coal refuse in an active surface coal mine shall comply with Chapter 87 (relating to surface mining of coal) and § § 90.125 and 90.128 (relating to coal refuse disposal: construction requirements; and coal refuse disposal: active surface mines).
(2) Disposal of coal refuse in an abandoned, inactive or active underground coal mine shall comply with Chapter 89 (relating to underground mining of coal and coal preparation facilities), with subsection (a) and with § 90.127 (relating to coal refuse disposal: disposal in underground coal mines).
Source The provisions of this § 90.3 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.
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