§ 88.502. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Actual improvement—The reduction of the baseline pollution load resulting from the implementation of the approved pollution abatement plan, except that a reduction of the baseline pollution load achieved by water treatment may not be considered as actual improvement.
Baseline pollution load—The characterization of the pollutional material being discharged from or on the pollution abatement area, described in terms of mass discharge for each parameter, including seasonal variations and variations in response to precipitation events. The Department will establish in each authorization the specific parameters, including, at a minimum, iron and acid loadings, it deems relevant for the baseline pollution load.
Best professional judgment—The highest quality technical opinion forming the basis for the terms and conditions of the treatment level required after consideration of reasonably available and pertinent data. The treatment levels shall be established by the Department under sections 301 and 402 of the Federal Clean Water Act (33 U.S.C.A. § § 1311 and 1342).
Best technology—Measures and practices which will abate or ameliorate to the maximum extent possible pollutional discharges from or on the pollution abatement area. These measures include engineering, geochemical or other applicable practices.
Coal remining operation—A coal mining operation at a site on which coal mining was previously conducted and where the site has been abandoned or the performance bond has been forfeited.
Encountered discharge—(i) A pre-existing discharge intercepted in the course of active surface mining activities, including, but not limited to, overburden removal, coal extraction and backfilling, or that occurs in the pit, any mining-related conveyance, sedimentation pond or treatment pond.
(ii) The term does not include diversions of surface water and shallow groundwater flow from areas undisturbed by the implementation of the pollution abatement plan which would otherwise drain into the affected area so long as they are designed, operated and maintained in accordance with § 88.95(b)—(g), § 88.190(b)—(g) or § 88.295(b)—(i) (relating to hydrologic balance: diversions; hydrologic balance: diversions; and hydrologic balance: diversions and conveyances), as applicable.
Pollution abatement area—The part of the permit area which is causing or contributing to the baseline pollution load, which shall include adjacent and nearby areas that must be affected to bring about significant improvement of the baseline pollution load, and which may include the immediate location of the discharges.
Pollution abatement plan—Best management practices (BMP), including, but not limited to, the addition of alkaline material, special handling plans for managing toxic and acid forming material, regrading, revegetation and daylighting, that when implemented will result in reduction of the baseline pollution load.
Pre-existing discharge—(i) Any discharge resulting from mining activities that have been abandoned prior to the time of a remining permit application.
(ii) The term includes a pre-existing discharge that is relocated as a result of the implementation BMPs in the pollution abatement plan.
Steep slope—(i) Any slope, including abandoned mine land features, above 20 degrees or a lesser slope as may be defined by the Department after consideration of soil, climate and other characteristics of a region.
(ii) The term does not apply to situations in which an operator is mining on flat or gently rolling terrain, on which an occasional steep slope is encountered and through which the mining operation is to proceed, leaving a plain or predominantly flat area.
Authority The provisions of this § 88.502 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); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)).
Source The provisions of this § 88.502 adopted June 28, 1985, 15 Pa.B. 2377, effective March 8, 1986, 16 Pa.B. 673; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6780; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (384015) to (384017).
Cross References This section cited in 25 Pa. Code § 86.252 (relating to definitions).
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