§ 88.504. Application for authorization.
(a) An operator who requests authorization under this subchapter shall comply with the permit application requirements of Chapter 86 (relating to surface and underground coal mining: general) and Subchapter A (relating to general provisions) and either Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environmental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards), whichever is applicable, except as specifically modified by this subchapter. The operator shall also comply with all of the following:
(1) Delineate on a map the proposed pollution abatement area, including the location of the pre-existing discharges.
(2) Provide a description of the hydrologic balance for the proposed pollution abatement area that includes:
(i) Results of a detailed water quality and quantity monitoring program, including seasonal variations, variations in response to precipitation events, and modeled baseline pollution loads using this monitoring program.
(ii) Monitoring for flow, pH, alkalinity, acidity, total iron, total manganese, total aluminum, sulfates, total suspended solids and other water quality parameters the Department deems relevant.
(3) Provide a pollution abatement plan which must:
(i) Describe the pollution abatement area.
(ii) Be designed to reduce the pollution load from pre-existing discharges and must identify the selected best management practices (BMP) to be used.
(iii) Describe the design specifications, construction specifications, maintenance schedules, criteria for monitoring and inspection, and expected performance of the BMPs.
(iv) Represent the best technology and include:
(A) Plans, cross sections and schematic drawings describing the pollution abatement plan proposed to be implemented.
(B) A description and explanation of the range of abatement that probably can be achieved, costs and each step in the proposed pollution abatement plan.
(C) A description of the standard of success for revegetation necessary to insure success of the pollution abatement plan.
(v) Provide a description of and information on the pre-existing discharges hydrologically connected to the remining area.
(4) Determine the baseline pollution load.
(5) Provide the background data that are the bases for the baseline pollution load. The baseline pollution load shall be reported in pounds per day.
(b) The operator seeking this authorization may continue the water quality and quantity monitoring program required by subsection (a)(2) after making the authorization request. The operator may submit the results of this continuing monitoring program to the Department on a monthly basis until a decision on the authorization request is made.
Authority The provisions of this § 88.504 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 § 88.504 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. Immediately preceding text appears at serial pages (237197) to (237198).
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