§ 87.205. Approval or denial.
(a) Authorization may not be granted under this subchapter unless the operator seeking the authorization affirmatively demonstrates to the satisfaction of the Department on the basis of information set forth in the application that:
(1) Neither the operator, nor an officer, principal shareholder, agent, partner, associate, parent corporation, contractor or subcontractor, or a related party as defined in § 86.63(a)(1) (relating to compliance information) has either of the following:
(i) Legal responsibility or liability as an operator for treating the water pollution discharges from or on the proposed pollution abatement area.
(ii) Statutory responsibility or liability for reclaiming the proposed pollution abatement area.
(2) The proposed pollution abatement plan will result in significant reduction of the baseline pollution load and represents best technology.
(3) The land within the proposed pollution abatement area can be reclaimed.
(4) The surface mining operation on the proposed pollution abatement area will not cause additional ground- water degradation.
(5) The standard of success for revegetation will be achieved. The standard of success for revegetation shall be at a minimum:
(i) A ground cover of living plants not less than can be supported by the best available topsoil or other suitable material in the reaffected area.
(ii) A ground cover no less than that existing before disturbance of the area by mining activities.
(iii) Adequate vegetation to control erosion. Vegetation may be no less than that necessary to insure the success of the pollution abatement plan.
(6) The surface mining operation on permitted areas other than the proposed pollution abatement area will not cause surface water pollution or groundwater degradation.
(7) Requirements of § 86.37(a) (relating to criteria for permit approval or denial) that are not inconsistent with this section have been met.
(b) An authorization may be denied under this subchapter if granting the authorization will, or is likely to, affect a legal responsibility or liability under The Clean Streams Law (35 P.S. § § 691.1—691.1001), the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.1—1396.19b), Chapter 86 (relating to surface and underground coal mining: general) or Subchapters A and C—E, for the proposed pollution abatement area or other areas or discharges in the vicinity of the proposed pollution abatement area.
(c) Authorization may not be granted under this subchapter unless there are one or more pre-existing discharges from or on the pollution abatement area.
(d) The authorization allowed under this subchapter is only for the pollution abatement area and does not apply to other areas of the permit.
Authority The provisions of this § 87.205 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 87.205 adopted June 28, 1985, 15 Pa.B. 2377, effective March 8, 1986, 16 Pa.B. 673; amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6780. Immediately preceding text appears at serial pages (237166) and (378223).
Cross References This section cited in 25 Pa. Code § 87.209 (relating to criteria and schedule for release of bonds on pollution abatement areas).
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