Subchapter A. GENERAL PERMIT AND APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL
Sec.
90.1. Definitions.
90.2. Scope.
90.3. General requirements: permit.
90.4. [Reserved].
90.5. Site selection and permitting.
Cross References This subchapter cited in 25 Pa. Code § 90.301 (relating to scope); 25 Pa. Code § 90.304 (relating to application for authorization); 25 Pa. Code § 90.305 (relating to application approval or denial); and 25 Pa. Code § 90.306 (relating to operational requirements).
§ 90.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Abandoned—An operation where no coal refuse has been disposed or area reclaimed for 6 months, verified by monthly reports submitted to the Department by the operator or by inspections made by the Department, unless an operator within 30 days after receipt of notification by the Secretary terming an operation abandoned submits sufficient evidence to the Secretary that the operation is in fact not abandoned and submits a timetable satisfactory to the Secretary regarding plans for the reactivation of the operation.
Access roads—Roads located and constructed, reconstructed, improved or maintained for minimal and infrequent use to transport equipment and personnel to current and future coal disposal activities. The term includes the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures and ditches.
Acid drainage—Water with a pH of less than 6.0 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned coal refuse disposal and reclamation operation or from an area affected by coal refuse disposal activities.
Acid-forming materials—Earth materials that contain sulfide minerals or other materials which, if exposed to air, water or weathering processes, form acids that may create acid drainage.
Adjacent area—Land located outside the permit area, where air, surface or groundwater, fish, wildlife, vegetation or other resources protected by this chapter may be adversely impacted by coal refuse disposal activities.
Affected area—Land or water upon or in which coal refuse disposal activities are conducted or located. The term includes land in which the natural land surface has been disturbed as a result of or incidental to the surface activities of the operator, including, but not limited to, private ways and roads appurtenant to the area, land excavations, workings, refuse banks, spoil banks, culm banks, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in, coal refuse disposal operations are situated. The term also includes lands affected by the construction of new roads or the improvement or substantial use of an existing road to gain access to the site or for hauling from the site.
Aquifer—A zone, stratum or group of strata that can store and transmit water in sufficient quantities for a specific use.
Best technology currently available—Equipment, devices, systems, methods or techniques which will:(i) Prevent, to the extent possible, additional contributions of suspended solids to stream flow or runoff outside the permit area, but in no event result in contributions of suspended solids in excess of requirements set by applicable State or Federal laws.
(ii) Minimize, to the extent possible, disturbances and adverse impacts on fish, wildlife and related environmental values, and achieve enhancement of those resources when practicable. The term includes equipment, devices, systems, methods or techniques which are currently available anywhere as determined by the Secretary, even if they are not in routine use. The term includes, but is not limited to, construction practices, siting requirements, vegetative selection and planting requirements, scheduling of activities, and design of sedimentation ponds in accordance with this chapter.
Coal processing waste—Earth materials which are separated and wasted from the product coal during cleaning, concentrating or other processing or preparation of coal.
Coal refuse—Any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials, associated with or near a coal seam, which are either brought aboveground or otherwise removed from a coal mine in the process of mining coal or which are separated from coal during the cleaning or preparation operations. The term includes underground development wastes, coal processing wastes, excess spoil, but does not mean overburden from surface mining activities.
Coal refuse disposal—The storage, placement or disposal of coal refuse. The term includes engineered features integral to the placement of the coal refuse including relocations or diversions of stream segments contained within the proposed fill area and the construction of required systems to prevent adverse impacts to surface water and groundwater and to prevent precipitation from contacting the coal refuse.
Coal refuse disposal area—A general area or plot of land used as a place for disposal of, dumping or storage of coal refuse, including one or more coal refuse disposal piles, and all land thereby affected, including, but not limited to, any deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of the material, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the coal refuse disposal activities of the operator, including, but not limited to, private ways or roads appurtenant to any such area, land excavations, workings, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, coal refuse disposal operations are situated. The term does not include coal refuse deposited within an active mine itself or coal refuse never removed from a mine.
Coal refuse disposal pile—A deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of such material, but not including coal refuse deposited within a mine itself or coal refuse never removed from a mine. Continuous deposits of coal refuse shall be considered as a single coal refuse disposal pile.
Combustible material—aterial that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.
Compaction—The increase of the density of a material by reducing the voids between the particles, generally accomplished by controlled placement and mechanical effort, such as from repeated application of wheel, track or roller loads from heavy equipment.
Cropland—Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, including row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar agronomic or horticultural crops.
Degree—The inclination from the horizontal.
Disturbed area—An area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste or noncoal waste is placed by coal refuse disposal activities. Those areas are classified as disturbed until reclamation is complete and the bond or other assurance of performance required by Chapter 86 Subchapter F (relating to bonding and insurance requirements) is released.
Diversion—A channel, embankment or other manmade structure constructed at a controlled slope to divert water from one area to another.
Downslope—The land surface between the projected outcrop of the lowest coalbed being mined along each highwall and a valley floor.
Dry weather flow—The base flow or surface discharge from an area or treatment facility which occurs immediately prior to a precipitation event and which resumes 24 hours after the precipitation event ends.
Embankment—An artificial deposit of material that is raised above the natural surface of the land and used to contain, divert or store water; support roads or railways; or for other similar purposes.
Ephemeral stream—A water conveyance which lacks substrates associated with flowing waters and flows only in direct response to precipitation in the immediate watershed or in response to melting snowpack and which is always above the local water table.
Fugitive dust—Particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or coal refuse disposal activities or both. During coal refuse disposal activities, it may include emissions from haul roads; wind erosion of exposed surfaces, storage piles and spoil piles; reclamation operations; and other activities in which material is either removed, stored, transported or redistributed.
Ground cover—The area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally onsite, expressed as a percentage of the total area of measurement.
Groundwater—All subsurface waters of the Commonwealth.
Haul roads—(i) The term includes the following:
(A) Roads that are planned, designed, located, constructed, reconstructed or improved, utilized and maintained for the transportation of equipment, fuel, personnel, coal, spoil and other operating resources from a public road to points within the coal refuse disposal area or between principal operations on the site, but not including roads within the coal refuse piles, banks and dams.
(B) Roads, including public roads, which are constructed, reconstructed, improved, maintained or substantially used as an integral part of the coal mining activities.
(ii) The term includes the entire area within the right-of-way, including the roadbed, shoulders, parking and side areas, approaches, structures and ditches.
Historically used for cropland—One of the following:(i) Lands that have been used for cropland for any 5 years or more out of the 10 years immediately preceding the acquisition, including purchase, lease or option, of the land for the purpose of conducting or allowing, through resale, lease or option, the conduct of coal refuse disposal activities.
(ii) Lands that the Department determines, on the basis of additional cropland history of the surrounding lands and the lands under consideration, that the permit area is clearly cropland but falls outside the specific 5-years-in-10 criterion. In which case, the regulations from prime farmland may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved.
(iii) Lands that would likely have been used as cropland for any 5 out of the last 10 years immediately preceding such acquisition but for the same fact of ownership or control of the land unrelated to the productivity of the land.
Hydrologic balance—The relationship between the quality and quantity of water inflow to, water outflow from, and water storage in a hydrologic unit, such as a drainage basin, aquifer, soil zone, lake or reservoir. It encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.
Hydrologic regime—The entire state of water movement in a given area. It is a function of the climate and includes the phenomena by which water first occurs as atmospheric water vapor, passes into a liquid or solid form, falls as precipitation, moves along or into the ground surface, and returns to the atmosphere as vapor by means of evaporation and transpiration.
Impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.
Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges.
Land—The surface of the land upon which coal refuse disposal activities are conducted.
Land use—Specific uses or management-related activities, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur. Changes of land use from one of the following categories to another shall be considered as a change to an alternative land use which is subject to approval by the Department.(i) Cropland. Land use for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes, and includes row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar agronomic or horticultural crops. Land used for facilities in support of cropland farming operations which is adjacent to or an integral part of these operations is also included for purposes of these land use categories.
(ii) Pastureland or land occasionally cut for hay. Land used primarily for the long-term production of adapted, domesticated forage plants to be grazed by livestock or occasionally cut and cured for livestock feed. Land used for facilities in support of pastureland or land occasionally cut for hay which is adjacent to or an integral part of these operations is also included.
(iii) Forestland. Land used for the long-term production of wood, wood fiber or wood-derived products; watershed protection; site stabilization; or for the production, protection and management of species of fish and wildlife. Land used for facilities in support of forestry and watershed management operations which is adjacent to or an integral part of these operations is also included.
(iv) Commercial Forestland. Land used and managed primarily for the long-term production of wood, wood fiber or wood-derived products. Land used for facilities in support of forest harvest and management operations which is adjacent to or an integral part of these operations is also included.
(v) Residential. Includes single- and multiple-family housing, mobile home parks and other residential lodgings. Land used for facilities in support of residential operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, vehicle parking and open space that directly relate to the residential use.
(vi) Industrial/commercial. Land used for the following:
(A) Extraction or transformation of materials for fabrication of products, wholesaling of products or for long-term storage of products. This includes heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufacturing. Land used for facilities in support of these operations which is adjacent to or an integral part of that operation is also included. Support facilities include, but are not limited to, rail, road and other transportation facilities.
(B) Retail or trade of goods or services, including hotels, motels, stores, restaurants and other commercial establishments. Land used for facilities in support of commercial operations which is adjacent to or an integral part of these operations is also included. Support facilities include, but are not limited to, parking, storage or shipping facilities.
(vii) Recreation. Land used for developed recreation facilities such as parks, camps, and other developed recreational uses.
(viii) Fish and wildlife habitat. Land and water used wholly or partially for the production, protection or management of species of fish or wildlife.
(ix) Developed water resources. Includes land used for storing water for beneficial uses such as stockponds, irrigation, fire protection, flood control and water supply.
(x) Unmanaged natural habitat—Idle land which does not require a specific management plan after the reclamation and revegetation have been accomplished.
Maintain—The maintenance of the site for as long as necessary after completion of the operation to prevent health, safety or pollution hazards or nuisances from occurring. The term includes, but is not limited to, repair of cracks or fissures, repair of areas where settling occurs, repair of erosion areas, treatment of acid drainage or runoff, extinguishment of fires or hot spots, reseeding and soil treatment until adequate vegetative cover is established.
Moist bulk density—The weight of soil (oven dry) per unit volume. Volume is measured when the soil is at field moisture capacity—1/3 bar moisture tension. Weight is determined after drying the soil at 105° C.
Mulch—Vegetation residue or other suitable materials that are placed on the soil surface to aid in soil stabilization and soil moisture conservation, thus providing microclimatic conditions suitable for seed germination and plant growth.
Noxious plants—Species that have been included on the official Pennsylvania list of noxious plants for the Commonwealth.
Operator—A person operating a coal refuse disposal area, or part thereof.
Outslope—The face of the spoil or embankment sloping downward from the highest elevation to the toe.
Overburden—The strata or material overlying a coal deposit or in between coal deposits in its natural state, and means the material before or after its removal by mining.
Perennial stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and is capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macroinvertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve—28 meshs per inch, 0.595 millimeter openings—and live at least part of their life cycles within or upon available substrates in a body of water or water transport system.
Permanent diversion—A diversion which is to remain after coal refuse disposal activities are completed which has been approved for retention by the Department.
Permit area—The land and water within the boundaries of the permit which are designated on the permit application maps, as approved by the Department. The area shall include all areas which are or will be affected by the coal refuse disposal activities during the term of the permit.
Precipitation event—A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. It may be expressed in terms of recurrence interval. As used in this chapter, precipitation event also includes that quantity of water emanating from snow cover as snow melt in a limited period of time.
Prime farmland—Those lands which are defined by the Secretary of the United States Department of Agriculture in 7 CFR 657 (relating to prime and unique farmlands), and which have been historically used for cropland as that phrase is defined in this section.
Public recreational impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water and which is owned, rented or leased by the Federal government, the Commonwealth or a political subdivision of this Commonwealth and which is used for swimming, boating, water skiing, hunting, fishing, skating or other similar activities.
Recharge capacity—The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.
Reclamation—Those actions taken to restore the area affected by coal refuse disposal activities as required by this chapter.
Recurrence interval—The interval of time in which a precipitation event is expected to occur once, on the average. For example, the 10-year, 24-hour precipitation event is expected to occur on the average once in 10 years.
Safety factor—The ratio of the available shear strength to the developed shear stress, or the ratio of the sum of the resisting forces to the sum of the loading or driving forces, as determined by accepted engineering practices.
Sedimentation pond—A primary sediment control structure designed, constructed and maintained in accordance with Subchapter D (relating to performance standard for coal refuse disposal) and including, but not limited to, a barrier, dam or excavated depression which detains water runoff to allow sediment to settle out. The term does not include secondary sedimentation control structures, such as straw dikes, riprap, check dams, mulches, dugouts and other measures that reduce overland flow velocity, reduce runoff volume or trap sediment, to the extent that the secondary sedimentation structures drain to a sedimentation pond.
Slope—Average inclination of a surface, measured from the horizontal, generally expressed as the ratio of a unit of vertical distance to a given number of units of horizontal distance, such as lv:5h. It may also be expressed as a percent or in degrees.
Soil horizons—Contrasting layers of soil parallel or nearly parallel to the land surface. Soil horizons are differentiated on the basis of field characteristics and laboratory data. The three major soil horizons are as follows:(i) A horizon. The uppermost mineral layer, often called the surface soil or topsoil. It is the part of the soil in which organic matter is most abundant, and leaching of soluble salts and soil elements is typically the greatest.
(ii) B horizon. The layer that typically is immediately beneath the A horizon and often called the subsoil. This middle layer commonly contains more clay, iron or aluminum than the A or C horizons.
(iii) C horizon. The deepest layer of soil profile. It consists of loose material or weathered rock that is relatively unaffected by biologic activity and closely resembles the parent material.
Soil survey—A field classification and laboratory analysis resulting in a map showing the geographic distribution of different kinds of soils and an accompanying report that describes, classifies and interprets the soils for use. Soil surveys shall meet the standards of the National Cooperative Soil Survey.
Stability—The maintenance of a condition which prevents danger to the safety, health or welfare of persons, property or public roads or highways because of slippage, shifting or sliding of coal refuse deposited on coal refuse disposal areas.
Stabilize—To reduce movement of soil, spoil piles or areas of disturbed earth by modifying the geometry of the mass, or by otherwise modifying physical or chemical properties, such as by providing a protective surface coating.
Steep slope—A slope of more than 20 degrees or a lesser slope designated by the Department after consideration of soil, climate and other characteristics of the region.
Stratum (strata)—A section of geologic formation that consists throughout of approximately the same kind of rock material; a stratum may consist of an indefinite number of beds.
Substrates—Inorganic sediments which are 0.05 millimeter in diameter or larger, and include sands, granules, pebbles, cobbles or boulders, based on Wentworth’s Classification.
Suspended solids—Expressed as milligrams per liter, are organic or inorganic materials carried or held in suspension in water which are retained by a standard glass fiber filter in the procedure outlined by the regulations of the EPA for wastewater and analyses, 40 CFR 136 (relating to guidelines establishing test procedures for the analysis of pollutants).
Temporary diversion—A diversion of a stream or overland flow which is used during coal refuse disposal activities and not approved by the Department to remain after reclamation as part of the approved postmining land use.
Topsoil—The A soil horizon layer of the three major soil horizons.
Toxic-forming materials—Earth materials or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce chemical or physical conditions in soils or water that are detrimental to biota or uses of water.
Water table—The upper surface of a zone of saturation, where the body of groundwater is not confined by an overlying impermeable zone.
Source The provisions of this § 90.1 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 February 17, 1984, 14 Pa.B. 524, effective August 4, 1984, 14 Pa.B. 2860; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (245179) to (245183), (207921) to (207922) and (244277) to (244279).
§ 90.2. Scope.
This chapter specifies certain specific rules and procedures for those persons who engage in coal refuse disposal activities. General rules and procedures for those who engage in coal refuse disposal activities are found in Chapter 86 (relating to surface and underground coal mining: general).
Source The provisions of this § 90.2 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.
§ 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.
§ 90.4. [Reserved].
Source The provisions of this § 90.4 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; reserved June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148997).
§ 90.5. Site selection and permitting.
(a) Prior to applying for a permit to conduct coal refuse disposal activities, the applicant shall comply with Subchapter E (relating to site selection). The Department’s technical guidance document Number 563-2113-660, titled Coal Refuse Disposal—Site Selection, shall be used as guidance for selecting a coal refuse disposal site.
(b) After the Department has approved a site in accordance with Subchapter E, the applicant may apply for a permit for coal refuse disposal activities in accordance with Chapters 86 and 88 (relating to surface and underground coal mining: general; and anthracite coal) and this chapter.
Source The provisions of this § 90.5 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735.
Cross References This section cited in 25 Pa. Code § 88.281 (relating to requirements).
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