§ 90.50. Design criteria: groundwater and surface water protection system.
(a) The application shall include a description of the system that will be installed to prevent adverse impacts to groundwater and surface water. The description shall include maps, plans and other information necessary to evaluate the design of the system.
(b) The application shall include a description of the system that will be installed to prevent precipitation from coming into contact with the coal refuse. The description shall include maps, plans and other information necessary to evaluate the design of the system. The coal refuse disposal operation shall be designed in phases to minimize the amount of time the entire coal refuse area is exposed to precipitation prior to the installation of the system to prevent precipitation from contacting the coal refuse. The application shall describe the design of the system for preventing precipitation from contacting coal refuse and how the system will be installed in accordance with the following:
(1) During routine coal refuse disposal as phases of the coal refuse disposal area reach capacity.
(1.1) As specified in the permit.
(2) During periods of temporary cessation as directed under § 90.167(b) (relating to cessation of operations: temporary).
(3) When the operation permanently ceases.
(c) The Department’s technical guidance Document Number 563-2112-656, titled Liners and Caps for Coal Refuse Disposal Areas, shall be used as guidance for designing coal refuse disposal sites incorporating earthen, admixed or synthetic liners or caps for preventing adverse impacts to groundwater and surface water and for preventing precipitation from contacting coal refuse.
(d) The application shall include a description of the measures to be taken to ensure the long-term functionality of the systems described in subsections (a) and (b). The description shall address the site’s susceptibility to mine subsidence and the potential impacts of mine subsidence on the systems described in subsections (a) and (b). The description shall also address the potential for deterioration of components of the systems described in subsections (a) and (b) due to other physical or chemical processes including but not limited to attack from sulfate-laden or acidic groundwater and/or leachate.
Authority The provisions for this § 90.50 amended 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 § 90.50 adopted 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 (281248) to (281249).
Cross References This section cited in 25 Pa. Code § 88.281 (relating to requirements); and 25 Pa. Code § 90.13 (relating to groundwater information).
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