Subchapter C. MINIMUM OPERATION AND RECLAMATION
PLAN INFORMATION REQUIRED IN APPLICATIONS
FOR COAL REFUSE DISPOSAL
Sec.
90.31. General requirements.
90.32. Existing structures.
90.33. Reclamation plan.
90.34. Reclamation: postdisposal land use.
90.35. Protection of the hydrologic balance.
90.36. Stream diversions, water obstructions and encroachments.
90.37. Erosion and sedimentation control.
90.38. Diversions.
90.39. Ponds, impoundments, banks, dams, embankments, piles and fills.
90.40. Protection of public parks and historic places.
90.41. Relocation or use of public roads.
90.42. Subsidence control plan.
90.43. Blasting plan.
90.44. Air pollution control plan.
90.45. Prime farmland.
90.46. Maps and plans.
90.47. Haul roads, access roads and other transportation facilities.
90.48. Fish and wildlife protection and enhancement plan.
90.49. Stream buffer zone variance.
90.50. Design criteria: groundwater and surface water protection system.
Cross Reference 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).
§ 90.31. General requirements.
An application shall contain a description of the coal refuse disposal activities proposed to be conducted during the life of the coal refuse disposal operations within the proposed permit area, including, at a minimum, the following:
(1) A narrative description of the type and method of coal refuse disposal procedures and proposed engineering techniques and the major equipment to be used during operations.
(2) A narrative explaining the construction, modification, use, maintenance and removal of the following facilities and structures, unless retention of the facility or structure is necessary for postdisposal land use as specified in § 90.166 (relating to postdisposal land use):
(i) Dams, embankments and other impoundments.
(ii) Overburden and topsoil handling and storage areas.
(iii) Coal removal, handling, storage, cleaning, processing and transportation areas and structures.
(iv) Spoil, coal refuse, mine development waste and noncoal waste removal, handling, storage, transportation and disposal areas and structures.
(v) Mine facilities.
(vi) Water and air pollution control facilities.
(vii) Erosion and sediment control facilities.
(3) A description of the measures to be employed to ensure that all debris, potential acid-forming and potential toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with this chapter and a description of the contingency plans which have been developed to preclude combustion of the materials.
(4) A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, line or manage exploration holes, other boreholes, wells and other openings within the proposed permit area.
(5) A demonstration that the notification requirements of § 86.31(e) (relating to public notices of filing of permit applications) have been satisfied.
(6) A description of the operations that are proposed to be the source or sources of the coal refuse to be disposed of at the coal refuse disposal facility and the types of refuse to be disposed.
Authority The provisions for this § 90.31 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 § 90.31 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 May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended September 9, 2022, effective September 10, 2022, 52 Pa.B. 5804. Immediately preceding text appears at serial pages (281235) to (281236).
§ 90.32. Existing structures.
(a) An application shall contain a description of each existing structure proposed to be used in connection with or to facilitate the coal refuse disposal activities, including:
(1) Location.
(2) Plans of the structure which describe its current condition.
(3) Approximate dates on which construction of the existing structures was begun and completed.
(4) A showing, including relevant monitoring data or other evidence, indicating whether the structure meets the performance standards or the design requirements of Subchapter D (relating to performance standard for coal refuse disposal).
(b) An application shall contain a compliance plan for each existing structure proposed to be modified or reconstructed for use in connection with or to facilitate the coal refuse disposal activities. The compliance plan shall include:
(1) Design specifications for the modification or reconstruction of the structure to meet the design and performance standards of Subchapter D.
(2) A construction schedule which shows dates for beginning and completing interim steps and final construction.
(3) Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter D are met.
(4) A showing that the risk of harm to the environment or to public health or safety is not significant during the period of modification or reconstruction.
Source The provisions of this § 90.32 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.
§ 90.33. Reclamation plan.
An application shall contain a plan for the reclamation of lands within the proposed permit area including, at a minimum, the following information:
(1) A timetable for the accomplishment of each major step in the reclamation plan.
(2) An estimate of the cost of the reclamation of the proposed operations required to be covered by a performance bond under Chapter 86 Subchapter F (relating to bonding and insurance requirements), with supporting calculations for the estimates.
(3) A plan for backfilling, soil stabilization, compacting and grading, with contour maps or cross sections that show the anticipated final surface configuration of the proposed permit area in accordance with Subchapter D (relating to performance standard for coal refuse disposal).
(4) A plan for removal, storage and redistribution of topsoil, subsoil and other material to meet the requirements of § § 90.96—90.100.
(5) A plan for revegetation as required in § § 90.151—90.157, 90.159 and 90.160, including, but not limited to, descriptions of the following:
(i) Schedule of revegetation.
(ii) Species and amounts per acre of seeds and seedling to be used.
(iii) Methods to be used in planting and seeding.
(iv) Mulching techniques, if required by the Department.
(v) Irrigation, if appropriate, and pest and disease control measures, if any.
(vi) Measures proposed to be used to determine the success of revegetation as required in § 90.159 (relating to revegetation: standards for successful revegetation).
(vii) A soil testing plan for determining soil nutrients and liming requirements and evaluation of the results of topsoil handling and reclamation related to revegetation.
Source The provisions of this § 90.33 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.
Cross References This section cited in 25 Pa. Code § 86.149 (relating to determination of bond amount); and 25 Pa. Code § 90.161 (relating to prime farmland: special requirements).
§ 90.34. Reclamation: postdisposal land use.
(a) An application shall contain a description of the proposed land use, following reclamation, of the lands to be affected within the proposed permit area by coal refuse disposal activities, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses, and the relationship of the proposed use to existing land use policies and plans. This description shall explain the following:
(1) How the proposed postdisposal land use is to be achieved, and the necessary support activities which may be needed to achieve the proposed land use.
(2) The detailed management plan to be implemented when pastureland is the postdisposal land use.
(3) Materials needed for approval of the alternative use under § 90.166 (relating to postdisposal land use).
(4) The consideration given to making all of the proposed coal refuse disposal activities consistent with surface owner plans and applicable Commonwealth and local land use plans and programs.
(b) If an alternate land use is proposed, the description shall be accompanied by a copy of the comments concerning the proposed use from the legal or equitable owner of record of the surface areas to be affected by coal refuse disposal activities within the proposed permit area, and from the Commonwealth and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.
Source The provisions of this § 90.34 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. Immediately preceding text appears at serial pages (207939) to (207940).
Cross References This section cited in 25 Pa. Code § 90.151 (relating to revegetation: general requirements); and 25 Pa. Code § 90.153 (relating to revegetation: introduced species).
§ 90.35. Protection of the hydrologic balance.
(a) An application shall contain a detailed description, with appropriate maps and cross-sections, of the measures to be taken during and after the proposed coal refuse disposal activities, in accordance with the performance standard of Subchapter D (relating to performance standard for coal refuse disposal), to ensure protection of:
(1) The quality and quantity of the groundwater, both within the proposed permit area and adjacent areas, from adverse effects of the proposed coal refuse disposal activities.
(2) The rights of present users to surface and groundwater.
(b) Each application shall also contain the following:
(1) A plan for the control, in accordance with Subchapter D, of surface and groundwater drainage into, through and out of the area proposed to be affected by coal refuse disposal activities.
(2) A plan for the treatment, in accordance with Subchapter D, of surface and groundwater drainage from the area to be affected by the proposed coal refuse disposal activities, and proposed quantitative limits on pollutants in discharges as provided in § 90.102 (relating to hydrologic balance: water quality standards, effluent limitations and best management practices).
(3) A plan for collecting, recording and reporting of groundwater and surface water quality and quantity data in accordance with § § 90.115 and 90.116 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of the probable hydrologic consequences in Subsection (c).
(c) A determination of the probable hydrologic consequences of the proposed coal refuse disposal activities on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems under all seasonal conditions, including total dissolved solids, total suspended solids, total iron, pH, total manganese, acidity, alkalinity, sulfates and other parameters required by the Department.
(d) A plan shall contain a description of possible alteration in the site development plan or method of disposal, in response to adverse impacts on the hydrologic balance as indicated by the groundwater monitoring system.
Authority The provisions of this § 90.35 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 90.35 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 December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (149011) to (149012).
Cross References This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); and 25 Pa. Code § 90.116 (relating to hydrologic balance: surface water monitoring).
§ 90.36. Stream diversions, water obstructions and encroachments.
An application shall contain the necessary information to demonstrate how each proposed water obstruction and encroachment will meet the requirement of Chapter 105 (relating to dam safety and waterway management) and § 90.105 (relating to stream channel diversions).
Source The provisions of this § 90.36 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.
§ 90.37. Erosion and sedimentation control.
An application shall contain the necessary information to demonstrate how each proposed sediment control measure for the coal refuse disposal operation will meet the requirements of Chapter 102 (relating to erosion and sediment control) and § 90.106 (relating to hydrologic balance: erosion and sedimentation control).
Source The provisions of this § 90.37 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.
§ 90.38. Diversions.
An application shall show the manner in which the applicant plans to direct water from entering the operation in accordance with § 90.104 (relating to hydrologic balance: diversions).
Source The provisions of this § 90.38 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.
§ 90.39. Ponds, impoundments, banks, dams, embankments, piles and fills.
(a) An application shall include a plan for each proposed sedimentation pond, water impoundment, and coal processing waste bank, dam, embankment, pile or fill within the proposed permit area. The plan shall:
(1) Be prepared by, or under the direction of, a qualified registered professional engineer, except as indicated in § 90.112(b)(1) (relating to hydrologic balance: dams, ponds, embankments, and impoundments—design, construction and maintenance).
(2) Contain a description, map and cross section of the structure and its location.
(3) Contain hydrologic and geologic information required to assess the hydrologic impact of the structure.
(4) Contain a survey describing the potential effect on the structure from subsidence of the subsurface strata resulting from past and proposed underground mining operations.
(5) Contain a certification statement which includes a schedule setting forth the dates when any detailed design plans for structures that are not submitted within the general plan will be submitted to the Department. The Department will have approved, in writing, the detailed design plan for a structure before construction of the structure begins.
(6) Describe the operation and maintenance requirements for each structure.
(7) Describe the timetable and plans to remove each structure, if appropriate.
(8) Contain a geotechnical investigation design and construction requirements including a stability analysis if the structure is more than 20 feet in height as measured from the upstream toe of the embankment to the crest of the emergency spillway or has a storage volume of more than 20 acre feet.
(b) Sedimentation ponds, whether temporary or permanent, shall be designed in compliance with § 90.108 (relating to hydrologic balance: sedimentation ponds). A sedimentation pond or earthen structure which will remain on the proposed permit area as a permanent water impoundment shall also be designed to comply with § 90.112.
(c) Permanent and temporary impoundments shall be designed to comply with § 90.111 (relating to hydrologic balance: impoundments).
(d) Coal refuse piles, fills or banks shall be designed to comply with § § 90.122—90.130.
(e) Coal refuse dams and embankments shall be designed to comply with § § 90.112, 90.113, 90.122 and 90.124—90.130. A plan shall comply with the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2 (relating to water, sediment, or slurry impoundments and impounding structures; identification; and water, sediment, or slurry impoundments and impounding structures; minimum plan requirements; changes or modifications; certification) and shall contain the results of a geotechnical investigation of the proposed dam or embankment foundation area to determine the structural competence of the foundation which will support the proposed dam or embankment structure and the impounded material. Each plan shall provide for the removal of impoundments constructed of or used to impound coal refuse as part of site reclamation.
(f) The geotechnical investigation shall be planned and supervised by an engineer or engineering geologist, for subsections (d) and (e), according to the following:
(1) The number, location and depth of borings and test pits shall be determined using current engineering practice for the size of the dam or embankment, quantity of material to be impounded and subsurface conditions.
(2) The character of the overburden and bedrock, the proposed abutment sites, and any adverse geotechnical conditions which may affect the particular dam, embankment or reservoir site shall be considered.
(3) Springs, seepage and groundwater flow observed or anticipated during wet periods in the area of the proposed dam or embankment shall be identified on each plan.
(4) Consideration shall be given to the possibility of mudflows, rock-debris falls or other landslides into the dam, embankment or impounded material.
(5) A description of the waste being disposed of within the proposed permit area, including the following:
(i) Physical, chemical and engineering stability properties of the coal refuse.
(ii) Acid-producing and toxic-forming potential of the coal refuse.
Authority The provisions of this § 90.39 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 90.39 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 December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (149013) to (149014) and (180929).
Cross References This section cited in 25 Pa. Code § 90.122 (relating to coal refuse disposal).
§ 90.40. Protection of public parks and historic places.
(a) For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed coal refuse disposal activities, each application shall describe the measures to be used to accomplish the following:
(1) Prevent adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).
(2) Minimize adverse impacts if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.
(b) The Department may require the applicant to protect historic or archaeological properties listed on or eligible for listing on the National Register of Historic Places through appropriate mitigation and treatment measures. Appropriate mitigation and treatment measures may be required to be taken after permit issuance, if the required measures are completed before the properties are affected by coal refuse disposal activity.
Source The provisions of this § 90.40 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 June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (207944).
§ 90.41. Relocation or use of public roads.
An application shall include a description and necessary drawings approved by the Department of Transportation or the municipality having jurisdiction of the road, if the applicant proposes to relocate a public road or conduct coal refuse disposal activities within 100 feet of the right-of-way of any public road, except where the coal refuse disposal facility access or haul road joins that right-of-way.
Source The provisions of this § 90.41 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.
§ 90.42. Subsidence control plan.
An applicant shall describe what measures have been or will be taken to minimize subsidence beneath the coal refuse disposal area in order to insure the stability of the coal refuse disposal area.
Source The provisions of this § 90.42 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.
§ 90.43. Blasting plan.
An application shall include a blasting plan in accordance with § 87.64 (relating to blasting plan) if blasting will be needed for the proposed permit area, showing the manner in which the requirements of § § 87.124—87.127 and 87.129 will be met.
Source The provisions of this § 90.43 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.
§ 90.44. Air pollution control plan.
An application shall include an air pollution control plan which includes the following:
(1) A plan for fugitive dust control practices, as required under § 90.149 (relating to air resources protection), and, if applicable, how the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources) will be met.
(2) If required by the Department, an air quality monitoring program to provide sufficient data to evaluate the effectiveness of the air pollution control plan.
(3) A plan for monitoring the coal refuse disposal site for fires or hot spots and a plan for eliminating fires and hot spots.
Source The provisions of this § 90.44 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.
§ 90.45. Prime farmland.
A person who conducts, or intends to conduct, coal refuse disposal activities on prime farmlands historically used for cropland, in accordance with Subchapter E (relating to site selection), shall submit a plan, as part of the permit application, for the disposal and restoration of the land. The plan shall contain, at a minimum:
(1) The proposed method and type of equipment to be used for removal, storage and replacement of the soil in accordance with § § 90.161—90.165.
(2) The proposed measures to be taken during soil reconstruction to prevent excessive compaction and achieve soil bulk densities which will result in the restored area being returned to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.
(3) The location of areas to be used for the separate stockpiling of soil and plans for soil stabilization before redistribution.
(4) Documentation, if applicable, such as agricultural school studies or other scientific data from comparable areas, that supports the use of other suitable material, instead of the B or C soil horizon, to obtain on the restored area equivalent or higher levels of yield as nondisposal prime farmlands in the surrounding area under equivalent levels of management.
(5) Plans for seeding or cropping the final graded disturbed land and the conservation practices to be used to adequately control erosion and sedimentation and restoration of an adequate soil moisture regime, during the period from completion of regrading until release of the performance bond or equivalent guarantee under Chapter 86, Subchapter E (relating to coal exploration). Proper adjustments for seasons shall be proposed so that final graded land is not exposed to erosion during seasons when vegetation or conservation practices cannot be established due to weather conditions.
(6) Available agricultural school studies or other scientific data for areas with comparable soils, climate and management—including water management—that demonstrate that the proposed method of reclamation will achieve, within a reasonable time, equivalent or higher levels of yield after mining as existed before mining.
(7) A soil survey with description of soil mapping units and representative soil profile under § 90.22 (relating to prime farmland investigation). The soil profile description shall include, but not be limited to, soil horizon depths, pH and range of soil densities for each prime farmland soil unit within the proposed permit area. The Department may require the applicant to provide information on other physical and chemical soil properties as needed to make a determination that the operator has the technological capability to restore the prime farmland within the permit area to the soil reconstruction standards of § § 90.161—90.165.
Source The provisions of this § 90.45 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 June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended July 13, 2001, effective July 14, 2001, 31 Pa.B. 3735. Immediately preceding text appears at serial pages (207946) to (207947).
Cross References This section cited in 25 Pa. Code § 90.164 (relating to prime farmland: soil replacement); and 25 Pa. Code § 90.165 (relating to prime farmland: revegetation).
§ 90.46. Maps and plans.
An application shall contain maps, plans and cross sections of the proposed permit and adjacent areas showing the following:
(1) The maps, plans and cross sections shall show the coal refuse disposal activities to be conducted and changes in a facility or feature to be caused by the proposed operations.
(2) The following shall be shown for the proposed permit area:
(i) The buildings, utility corridors and facilities to be used.
(ii) Coal storage, cleaning and loading areas.
(iii) The topsoil, spoil, coal preparation waste, underground development waste and noncoal waste storage areas.
(iv) Water diversion, collection, conveyance, treatment, sedimentation and erosion control facilities, storage and discharge facilities to be used.
(v) Sources of waste and waste disposal facilities relating to coal processing or pollution control.
(vi) A facility to be used to protect and enhance fish and wildlife related environmental values.
(vii) A surface facility for explosive storage and handling.
(viii) The location of each sedimentation pond, permanent water impoundment, coal processing waste bank, coal processing waste dam and embankment and disposal areas for underground development waste and excess spoil or coal refuse.
(ix) The location of monitoring points.
(x) The location of each facility that will remain on the proposed permit area as a permanent feature, after the completion of coal refuse disposal activities.
(xi) The final contour configuration and elevations of coal refuse disposal areas.
(xii) A cross section through embankment, ponds, impoundments and dams.
(xiii) The extent of active and abandoned underground mining.
(xiv) Other information the Department deems relevant.
(3) Maps, plans and cross sections required by this section shall be prepared by, under the direction of and certified by a qualified registered professional engineer or qualified registered geologist with assistance from experts in related fields.
Authority The provisions of this § 90.46 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
Source The provisions of this § 90.46 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (159082) to (159083).
§ 90.47. Haul roads, access roads and other transportation facilities.
For each haul road, access road or other transportation facility to be constructed, used or maintained within the proposed permit area, the application shall contain a description of the road or facility and appropriate maps, plans, cross sections and specifications to demonstrate compliance with § § 90.134, 90.140 and 90.146 (relating to haul roads and access roads: general; haul roads and access roads: restoration; and other transportation facilities).
Source The provisions of this § 90.47 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.
§ 90.48. Fish and wildlife protection and enhancement plan.
(a) An application shall include a description of how, to the extent possible using the best technology currently available, the operator will minimize disturbances and adverse impacts on fish and wildlife and related environmental values, including compliance with the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), during the coal refuse disposal activities and how enhancement of these resources will be achieved where practicable. This description shall:
(1) Be consistent with the requirements of § 90.150 (relating to protection of fish, wildlife and related environmental values).
(2) Apply, at a minimum, to species and habitats identified under § 90.18 (relating to fish and wildlife resources information).
(3) Include the following:
(i) Protective measures that will be used during the active mining phase of operation. These measures may include the establishment of buffer zones, the selective location and special design of haul roads and powerlines and the monitoring of surface water quality and quantity.
(ii) Enhancement measures that will be used during the reclamation and postmining phase of operation to develop aquatic and terrestrial habitat. These measures may include restoration of streams and other wetlands, retention of ponds and impoundments, establishment of vegetation for wildlife food and cover and the replacement of perches and nest boxes. If the plan does not include enhancement measures, a statement shall be given explaining why enhancement is not practicable.
(b) The Department will provide the resource information required under § 90.18 and the protection and enhancement plan required under subsection (a) to the Game Commission and the Fish Commission for their review. Upon request during the comment period, the Department will furnish the resource information to the United States Department of the Interior, Fish and Wildlife Service Regional or Field Office. This information will be provided within 10 days of receipt of the request from the Service.
Source The provisions of this § 90.48 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (149019) to (149020).
Cross References This section cited in 25 Pa. Code § 90.18 (relating to fish and wildlife resources information).
§ 90.49. Stream buffer zone variance.
(a) Stream buffer zone restriction. Coal refuse disposal may not occur within 100 feet (30.48 meters) of the bank of a stream. The Department may grant a variance for disposal of coal refuse under subsection (c) if consistent with Subchapter E (relating to site selection).
(b) Compliance required. Surface mining operations supporting coal refuse disposal shall comply with § 86.102(12) (relating to areas where mining is prohibited or limited).
(c) Variance. The Department may grant a variance from the 100-foot (30.48-meter) stream buffer zone to dispose of coal refuse and to relocate or divert streams in the 100-foot (30.48-meter) stream buffer zone. The stream buffer zone is the area within 100 feet (30.48 meters) measured horizontally from the bank of any stream.
(1) Stream buffer zone variances will only be granted if the operator demonstrates to the satisfaction of the Department that, as a result of the variance, coal refuse disposal will not adversely affect water quality and quantity, or other environmental resources of the stream and will not cause or contribute to the violation of applicable State or Federal water quality standards.
(2) Prior to granting a variance, the operator shall be required to give public notice of the application in two newspapers of general circulation in the area once a week for 2 successive weeks.
(i) If a person files an exception to the proposed variance within 20 days of the last publication of the notice, the Department will conduct a public hearing with respect to the application within 30 days of receipt of the exception.
(ii) The Department will also consider information or comments submitted by the Fish and Boat Commission prior to taking action on a variance request.
(3) The variance will be issued as a written order specifying the methods and techniques that shall be employed to prevent or mitigate adverse impacts. Mitigation can include, but is not limited to, compensatory restoration and enhancements of nearby streams or stream segments.
Source The provisions of this § 90.49 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).
§ 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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