§ 88.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AOC—Approximate original contour.

   Abandoned—An operation where no coal has been produced or overburden removed for 6 months, verified by monthly reports submitted to the Department by the operator and by inspections made by the Department, unless an operator within 30 days after receipt of notification by the Secretary determining 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 or reconstructed for minimal or infrequent use to transport equipment and personnel to current and future activity sites.

   Acid drainage—Water with a pH of less than 6 and in which total acidity exceeds total alkalinity, discharged from an active, inactive or abandoned surface coal mine and reclamation operation or from an area affected by surface coal mining 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 outside the permit area, where air, surface or groundwater, fish and wildlife, vegetation or other resources protected by this chapter may be adversely affected by surface coal mining activities.

   Affected area—Land or water upon or in which surface mining 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, surface mining operations are situated. The term also includes lands affected by the construction of new roads or the improvement of existing roads to gain access to the site or for hauling from the site.

   Anthracite mining activities—Operations handling anthracite coal or anthracite coal-related material, including, but not limited to, surface mining, the surface affected by underground mining, bank recovery and reclamation, coal refuse disposal and coal preparation plant activity, except when an operation is specifically modified or exempted from this definition.

   Aquifer—A zone, stratum or group of strata that can store and transmit water in sufficient quantities for a known specific use.

   Bank removal and reclamation activities—The process of extracting anthracite coal from coal banks which will be disturbed or affected in any manner during the mining.

   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 and wildlife and related environmental values, and achieve enhancement of those resources where 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.

   Blast—A detonation of explosives.

   Blasting—The detontation of explosives.

   Bottom rock—The rock stratum upon which a coal seam rests, which is the underclay or seat-earth which stratigraphically underlies the coal seam except in complex geologic settings such as overturned folds. The term is synonymous with the highwall in most anthracite mining operations.

   Coal bank—Silt dams, refuse banks, culm banks, waste banks and similar storage areas into which materials including anthracite coal have been deposited by raw coal dumping, coal cleaning, rejection processes and similar procedures during deep mine and surface mine operations from which existing coal products can be extracted and marketed.

   Coal preparation activity—An operation in which coal is subject to chemical or physical processing or cleaning, concentrating or other processing or preparation. The term includes a facility associated with the coal preparation activity and the activity by which the land surface has been or is disturbed as a result of or incidental to coal preparation activity of the operator, including, but not limited to, the following:

     (i)   Private ways and roads appurtenant to the area, land excavations and loading facilities.

     (ii)   Storage and stockpile facilities.

     (iii)   Sheds, shops and other buildings.

     (iv)   Water treatment and water storage facilities.

     (v)   Settling basins and impoundments.

     (vi)   Areas in which are situated facilities, equipment, machines, tools or other materials or property which result from, or are used in, the coal preparation activity.

   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—A 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 waste, coal processing waste and excess spoil; the term does not mean overburden from surface mining operations.

   Combustible material—Material that is capable of burning, either by fire or through oxidation, accompanied by the evolution of heat and a significant temperature rise.

   Common use roads—These accessways are existing roadways that normally are utilized by two or more operators, agencies or persons, or both, for access, safety, fire protection and other common purposes.

   Compaction—The increase of the density of a material by reducing the voids between the particles and is generally accomplished by controlled placement and mechanical effort such as from repeated application of wheel, track or roller loads from heavy equipment.

   Contouring—Reclamation of the land affected to AOC so that it closely resembles the general surface configuration of the land prior to mining and blends into and complements the drainage pattern of the surrounding terrain with no highwall, spoil piles or depressions to accumulate water and with adequate provision for drainage; provided, that in the discretion of the Department, diversion structures and impoundments may be constructed on the reclaimed area of the operation if they are part of an approved drainage control plan, meet all applicable requirements of law and do not interfere with the attachment of AOC.

   Contour mining—The type of surface mining where the coal is mined along the contour of its outcrop, generally in successive cuts. In anthracite surface mining operations, the term is generally synonymous with modified block-cut mining.

   Cropland—Land used for the production of adapted crops for harvest, alone or in rotation with grasses and legumes, including row crops, small grain crops, hay crops, nursery crops, orchard crops and other similar agronomic and horticultural crops. The term does not include land primarily used for pastureland or pastureland occasionally used or cut for hay.

   Degree—The inclination from the horizontal.

   De minimis cost increase—For purposes of §  88.107 (relating to hydrologic balance; water rights and replacement), a cost increase which meets one of the following criteria:

     (i)   Is less than 15% of the annual operating and maintenance costs of the previous water supply that is restored or replaced.

     (ii)   Is less than $60 per year.

   Disturbed area—An area where vegetation, soil or overburden is removed or upon which soil, spoil, coal processing waste or noncoal waste is placed by surface coal mining activities. Those areas are classified as disturbed until reclamation is complete and the performance 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.

   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—That particulate matter not emitted from a duct or stack which becomes airborne due to the forces of wind or surface coal mining activities, or both. During surface coal mining 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 road—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 surface mine or between principal operations on the mine site or both, but not including roads within the pit or on unreclaimed spoil areas.

   Highwall—The face of exposed overburden and coal in an open cut of a surface coal mine activity or for entry to underground mining activities. There may be more than one highwall in an anthracite surface mine depending on the geologic structure and the configuration of the open cut. The term includes, but is not limited to, the bottom rock of a coal mine with steeply inclined coal seams.

   Historically used for cropland—One of the following:

     (i)   Lands that have been used for cropland for 5 years or more out of the 10 years immediately preceding their acquisition—including purchase, lease or option—for the purpose of conducting or allowing, through resale, lease or option, surface coal mining 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-year-in-10 criterion, in which case, the provisions for prime farmland in this chapter may be applied to include more years of cropland history only to increase the prime farmland acreage to be preserved.

     (iii)   Lands that have been controlled for purposes other than cropland and that would likely have been used for cropland in any 5 out of the last 10 years if the lands have been acquired 10 or more years ago by a person other than the current owner.

   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.

   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 surface mining is 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. A change 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. The term is further defined as:

     (i)   Cropland. Land used 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 specialty 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.

     (ii)   Pastureland or land occasionally cut for hay. Land used primarily for the long-term production of adopted, 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 or site stabilization and 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 or 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 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. This includes all heavy and light manufacturing facilities such as lumber and wood processing, chemical manufacturing, petroleum refining and fabricated metal products manufacture. 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, all 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. 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.

   Mine opening blasting—Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development from the surface down to the point where the mine opening connects with the coal seam to be or being extracted.

   Modified block-cut mining—The type of surface mining where the mining progresses along the contour or outcrop or strike of the coal seam by extracting successive blocks of overburden and coal. In anthracite surface mining operations, the term is generally synonymous with contour mining. The term may include multiple surface mining pits concurrently operated within the permit area if the total length of all of the pits is less than 1,500 feet, unless a pit length variance is granted by the Department under §  88.115(c)(1) (relating to backfilling and grading: general requirements).

   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.

   Open pit mining—The type of surface mining operation involving one or more of the following:

     (i)   Basin removal operations where the open pit encompasses the entire cross section of a synclinal basin or a significant portion thereof unless the cross section of the synclinal basin is relatively narrow, less than 1,500 feet in width, in which case the operation will be classified as modified block-cut mining upon a demonstration by the operator that the requirements of §  88.115(c)(1) are met.

     (ii)   Area mining operations.

     (iii)   Overburden haul back operations.

     (iv)   Mining operations where multiple seams are being mined concurrently within a single mining phase or multiple mining phases, if the sequence of mining and reclamation operations are controlled by this phase mining plan developed by the coal operator and the timing of backfilling and grading operations is controlled by the backfilling schedule approved by the Department.

   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 includes material before or after its removal by surface mining.

   Perennial stream—A body of water flowing in a channel or bed composed 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 surface coal mining 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. This area includes all areas which are or will be affected by the coal mining 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.

   Prime farmland—Lands that are so defined by the United States Secretary of Agriculture in 7 CFR 657.5(a) (relating to identification of important farmlands) and that have been historically used for cropland as that phrase is defined in this section.

   Recharge capacity—The ability of the soils and underlying materials to allow precipitation and runoff to infiltrate and reach the zone of saturation.

   Reclamation—Actions taken to restore mined land as required by this chapter to a postmining land use approved by the Department.

   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.

   Road—A surface right-of-way for purposes of travel by land vehicles used in coal exploration of surface coal mining and reclamation operations. A road consists of the entire area within the right-of-way, including the roadbed shoulders, parking and side area, approaches, structures, ditches, surface and such contiguous appendages as are necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved or maintained for use in coal exploration or surface coal mining activities, including use by coal-hauling vehicles leading to transfer, processing or storage areas.

   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 and, including, but not limited to, a barrier, dam or excavated depression which detains water runoff to allow sediment to settle out. The term may 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, for example, lv:5h. It may also be expressed as a percent or in degrees.

   Soil—The best available vegetation-supporting material.

   Soil survey—A field classification and laboratory analysis of soils in an area resulting in a map showing the geographic distribution 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.

   Spoil—Overburden and reject material that has been removed during surface coal mining operations.

   Spoil pile—The overburden and reject minerals as piled or deposited in surface mining.

   Stabilize—To control 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.

   Stratum or 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 millimeters in diameter or larger, and include coarse sands, granules, pebbles, cobbles or boulders, based on Wentworth’s Classification.

   Surface mining activities—The surface mining of anthracite coal as well as the surface where anthracite coal is or is likely to be uncovered, disturbed or affected in any manner during the mining.

   Suspended solids—Expressed as milligrams per liter, means 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 EPA’s regulations 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 surface coal mining activities and not approved by the Department to remain after reclamation as part of the approved postmining land use.

   Terracing—Grading where the steepest contour of the highwall shall not be greater than 35° from the horizontal, with the table portion of the restored area a nearly level plain without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the Department.

   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.

   Underground mine pool—An abandoned anthracite underground mine whose workings lie wholly or partially below the normal water table and whose workings have flooded when mining operations ceased.

   Water supply—For the purpose of §  88.27 (relating to alternative water supply information) and §  88.107, an existing or currently designated or currently planned source of water or facility or system for the supply of water for human consumption or for agriculture, commercial, industrial or other uses.

   Water supply survey—

     (i)   The collection of reasonably available information for a water supply to establish:

       (A)   The location, type and use of the water supply.

       (B)   The chemical and physical characteristics of the water.

       (C)   The quantity of the water.

       (D)   The physical description of the water supply, including the depth and diameter of the well, length of casing and description of the treatment and distribution systems.

       (E)   Hydrogeologic data such as the static water level and yield determinations.

     (ii)   Reasonably available information is information which can be collected without extraordinary efforts or the expenditure of excessive sums of money.

   Water table—The upper surface of a zone of saturation where the body or groundwater is not confined by an overlying impermeable zone.

   The provisions of this §  88.1 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §  3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-17 and 510-20).

   The provisions of this §  88.1 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended November 18, 1988, 18 Pa.B. 5155, effective August 25, 1989, 19 Pa.B. 3674; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1711; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (207005) to (207006), (244131) to (244136) and (247015) to (247016).

 This chapter specifies certain specific procedures and rules for those who engage in anthracite coal mining activities. General rules and procedures for those who engage in anthracite coal mining activities are provided in Chapter 86 (relating to surface and underground coal mining: general).

   The provisions of this §  88.2 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

ANTHRACITE COAL MINING ACTIVITIES: APPLICATION
REQUIREMENTS AND PREMINING RESOURCES

§ 88.21. Responsibilities.

 A permit application shall contain a description of the existing conditions within the proposed permit and adjacent area that may be affected by the proposed anthracite coal surface mining activities. The description shall include the information required in § §  88.22—88.31.

   The provisions of this §  88.21 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (95875).

 Each application shall describe and identify:

   (1)  The location and extent of the proposed anthracite coal surface mining activities for which a permit is being sought and an identification of the size, sequence and timing of those lands adjacent to the proposed permit area for which it is anticipated that individual permits for mining will be sought.

   (2)  The nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known archaeological features within the permit and adjacent areas. The description shall be based on available information, including, but not limited to, data of the Historical and Museum Commission and local archaeological, historical and cultural preservation agencies. The Department may require the applicant to identify and evaluate important historic and archaeological resources that may be eligible for listing on the National Register of Historic Places, through one or more of the following:

     (i)   The collection of additional information.

     (ii)   The conducting of field investigations.

     (iii)   Other appropriate analysis.

   The provisions of this §  88.22 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial page (158909).

 (a)  Each application shall contain a description, in accordance with this section and § §  88.24 and 88.25 (relating to geology; and groundwater) of the geology, hydrology and water quality and quantity of all lands within the proposed permit area, the adjacent area and the general area. The description shall include information on the characteristics of all surface waters and groundwaters within the general area, and any water which will flow into or receive discharges of water from the general area.

 (b)  Information on hydrology, water quality and quantity, and geology related to hydrology of areas outside the proposed permit area may be obtained from an appropriate Federal or State agency. If this information is not available from those agencies, the applicant may gather and submit this information to the Department as part of the permit application. However the permit shall not be approved until this information is made available in the application.

 (c)  The use of modeling or other predictive techniques may be included as part of the permit application, but the same surface water and groundwater information may be required for each site as when models are not used.

   The provisions of this §  88.23 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (95876).

 (a)  An application shall contain a description of the geology within the proposed permit and adjacent area down to and including the aquifer system or known existing deep mine that may be affected below the lowest coal seam, bank or refuse disposal area to be affected.

 (b)  Old colliery maps, geological maps, geological reports, breaker or coal preparation analysis reports and other sources as needed shall be used to provide the following description:

   (1)  The location of the mine pool or subsurface water.

   (2)  The stratigraphy and thickness of the coal and overburden.

   (3)  The structure within the proposed permit and its relationship to the structure of the general area.

   (4)  Chemical analyses of the coal and overburden.

     (i)   The analyses shall identify coal and overburden that may contain acid-forming or toxic-forming materials to determine their content. The analyses of the coal shall include total sulfur.

     (ii)   The applicant may request the Department to waive the analyses in whole or in part. The waiver may be granted if the Department makes a written determination that the analyses are not necessary because other equivalent information is available to the Department in a satisfactory form.

   (5)  The location, identification and status of other mining within or adjacent to the proposed permit area.

   (6)  Other analysis the Department deems relevant.

 (c)  Except for bank removal and reclamation activities, test borings or core samplings shall be collected and analyzed within the proposed permit area if required by the Department to provide further evaluation data if adequate data to determine a hydrologic balance impact is not available from other sources.

   The provisions of this §  88.24 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).

   The provisions of this §  88.24 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; 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 page (199040).

 (a)  The application shall contain a description of the groundwater hydrology for the proposed permit and adjacent area, including, at a minimum:

   (1)  The depths to groundwater or deep mine pool over the general area.

   (2)  The hydrologic characteristics of the strata described in §  88.24 (relating to geology).

   (3)  The uses of the groundwater.

   (4)  The chemical characteristics of typical groundwaters in the area, including a description of known groundwater quality problems. At a minimum, water quality descriptions shall include total dissolved solids or specific conductance corrected to 25°C, pH, total iron, total manganese, alkalinity, acidity and sulfates.

 (b)  The application shall contain additional information which describes the storage and discharge characteristics of the groundwater for the permit and adjacent area and the quality and quantity of groundwater, according to the parameters and in the detail required by the Department.

   The provisions of this §  88.25 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).

   The provisions of this §  88.25 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199041).

 (a)  An application shall contain a description of the surface waters, including the name of the watershed which will receive water discharges, the location of all surface water bodies, such as streams, lakes, ponds and springs, deep mine discharges and seeps and descriptions of surface drainage systems within the proposed permit and adjacent areas.

 (b)  Surface water information shall include the following:

   (1)  The surface elevations and rate of flow of all springs, seeps and any deep mine discharges located within and adjacent to the proposed permit area.

   (2)  Water quality and quantity data to identify the characteristics of surface waters in, discharging into, or which will receive flows from surface water or groundwater from the proposed permit area, sufficient to identify seasonal variations, showing the following:

     (i)   Total dissolved solids in milligrams per liter or specific conductance in micromhos per centimeter corrected to 25°C.

     (ii)   Total suspended solids in milligrams per liter.

     (iii)   Acidity in milligrams per liter.

     (iv)   pH in standard units.

     (v)   Total iron in milligrams per liter.

     (vi)   Total manganese in milligrams per liter.

     (vii)   Alkalinity in milligrams per liter.

     (viii)   Sulfates in milligrams per liter.

     (ix)   Total aluminum in milligrams per liter.

     (x)   Other information the Department determines to be relevant.

   The provisions of this §  88.26 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).

   The provisions of this §  88.26 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199041) to (199042).

 The application shall identify the extent to which the proposed anthracite coal surface mining activities may result in contamination, diminution or interruption of an underground or surface source of water within the proposed permit or adjacent area for domestic, agricultural, industrial or other legitimate use. If contamination, pollution, diminution or interruption may result, then the description shall identify the means to restore or replace the affected water supply in accordance with 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).

   The provisions of this §  88.27 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 When requested by the Department, the application shall contain a statement of the climatological factors that are representative of the proposed permits and adjacent area. The statement shall contain the information the Department deems relevant to ensure compliance with the requirements of this chapter.

   The provisions of this §  88.28 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92540).

 An application shall contain a description of the extent of cover, in percent ground cover, of the natural vegetation within the proposed permit area.

   The provisions of this §  88.29 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  An application shall contain a statement and map of the uses, condition, capability and productivity of the land within the proposed permit area, including:

   (1)  The uses of the land existing at the time of application, including the prior use of the land if the land use has changed within 5 years prior to the time of application, and the uses which preceded mining if the land has been previously mined and not reclaimed.

   (2)  The capability of the land to support a variety of uses, giving consideration to soil and foundation characteristics, topography, vegetative cover and the hydrology of the proposed permit area.

   (3)  The productivity of cropland, pastureland or land occasionally cut for hay or commercial forest expressed as average yield of food, fiber, forage or wood products from the lands obtained under high levels of management. The productivity shall be determined by yield data or estimate for similar sites based on current data from the United States Department of Agriculture or the Pennsylvania Department of Agriculture.

 (b)  An application shall contain a description of the existing land uses and land use classifications under local law, if any, of the proposed permit and adjacent areas.

   The provisions of this §  88.30 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial page (92541).

 (a)  An application shall contain maps and plans for the proposed permit and adjacent area showing the following:

   (1)  The boundaries and the names of present owners of record of land, both surface and subsurface, for the proposed permit and adjacent lands; and the boundaries of the land within the proposed permit area which the applicant has the legal right to enter and begin anthracite coal mining activities.

   (2)  The boundaries of the land to be affected.

   (3)  The boundaries of the areas proposed to be affected over the estimated total life of the proposed operation.

   (4)  The location, names of the owners, and the current use of buildings on and within 1,000 feet of the perimeter of the proposed permit area.

   (5)  The location and the names of public roads, railroads, utility lines and other surface and subsurface manmade features within or adjacent to the proposed permit area.

   (6)  The location and principals of current public and private surface water supplies that have intakes on the receiving stream within 10 miles downstream of the proposed permit area, public water supplies on or within 1/2 mile of the affected area, and private water supplies on or within 1,000 feet of the proposed permit area.

   (7)  The location and elevations of monitoring stations, springs and wells.

   (8)  The boundaries of land within the proposed permit adjacent area identified in Chapter 86, Subchapter C (relating to small operator assistance program) as unsuitable, limited or prohibited to mining.

   (9)  The boundaries of public parks and locations of cultural or historical resources listed on or eligible for listing on the National Register of Historic Places and known archaeological sites within the permit and adjacent area.

   (10)  Each known public or private cemetery or Indian burial ground located in or within the permit or adjacent area.

   (11)  Land within the proposed permit and adjacent area which is within the boundaries of the National Trails System or the Wild and Scenic Rivers System, including study rivers designated under section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C.A. §  1276(a)).

   (12)  The drainage area above and below the proposed permit area and the location and names of surface water bodies, such as streams, lakes, ponds, springs, constructed or natural drains, and irrigation ditches within the affected and adjacent areas.

   (13)  The municipality or township and county and, if in a township, the nearest municipality.

   (14)  The elevation and location of test borings and core samplings if utilized.

   (15)  The nature, depth and thickness of the coal or rider seams and each stratum of overburden to the depth of the stratum immediately below the lowest coal seam to be mined.

   (16)  Coal crop lines.

   (17)  The ownership, if known, location and extent of known workings of active, inactive and abandoned underground mines, including mine openings to the surface within the proposed permit and adjacent areas.

   (18)  The location and extent of existing or previously surface-mined areas.

   (19)  The location and areal extent of existing areas of spoil, waste and noncoal waste disposal, dams, embankments, other water treatment and air pollution control facilities within the proposed permit area.

   (20)  The location and depth, if available, of gas wells within the proposed permit area.

   (21)  Sufficient slope measurements or contours to adequately represent the existing land surface configuration of the proposed permit area, measured and recorded according to the following:

     (i)   Each measurement shall consist of an angle of inclination along the prevailing slope extending 100 linear feet above and below or beyond the coal outcrop or the area to be disturbed or, where this is impractical, at locations specified by the Department.

     (ii)   When the area has been previously mined, the measurements shall extend at least 100 feet beyond the limits of mining disturbances, or another distance determined by the regulatory authority to be representative of the premining configuration of the land.

     (iii)   Slope measurements shall take into account natural variations in slope, to provide accurate representation of the range of natural slopes and reflect geomorphic differences of the area to be disturbed.

   (22)  The location of each haul road and access road and appropriate cross sections, design drawings and specifications for road widths, gradients, surfacing materials, cuts, fill embankments, culverts, bridges, drainage ditches and drainage structures for each road to be constructed, used or maintained within the proposed permit area, but not including roads within the pit or proposed spoil areas.

   (23)  Other information the Department deems relevant.

 (b)  Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but not less than 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.

   The provisions of this §  88.31 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).

   The provisions of this §  88.31 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; 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 December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199044) to (199046).

 (a)  The applicant shall conduct a preapplication investigation of the proposed permit areas to determine whether lands within the area may be prime farmland.

 (b)  Land may not be considered prime farmland if the applicant can demonstrate one of the following:

   (1)  The land has not been historically used for cropland.

   (2)  The slope of the land is 10% or greater.

   (3)  There are no soil map units that have been designated prime farmland by the United States Department of Agriculture Soil Conservation Service, on the basis of a soil survey of lands within the permit area.

 (c)  If the applicant determines after investigation that all or part of the lands in the proposed permit area are not prime farmland, the applicant shall submit with the permit application a request for a negative determination showing that the lands for which the negative determination is sought meet one of the criteria of subsection (b).

 (d)  If the investigation indicates that lands within the proposed permit area may be prime farmlands, the applicant shall contact the United States Department of Agriculture Soil Conservation Service to determine if a soil survey exists for those lands and whether the applicable soil map units have been designated as prime farmlands. If no soil survey has been made for the lands within the proposed permit area, the applicant shall cause a survey to be made.

 (e)  When a soil survey as required in subsection (d) includes soil map units that have been designated as prime farmlands, the applicant shall submit with the permit application a soil survey of the proposed permit area according to the standards of the National Cooperative Soil Survey and the procedures in the United States Department of Agriculture Handbooks 436 (Soil Taxonomy, 1975) and 18 (Soil Survey Manual, 1951), as amended. The soil survey shall include a map unit and representative soil profile description as determined by the United States Soil Conservation Service for each prime farmland soil within the proposed permit area unless other representative descriptions from the locality, prepared in conjunction with the National Cooperative Soil Survey, are available and their use is approved by the State Conservationist, United States Soil Conservation Service.

 (f)  When a soil survey as required in subsection (d) includes map units that have not been designated as prime farmland after review by the United States Department of Agriculture Soil Conservation Service, the applicant shall submit with the permit application a request for negative determination for nondesignated land establishing compliance with subsection (b).

   The provisions of this §  88.32 adopted January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148740) to (148741).

 An application shall include fish and wildlife resource information for the proposed permit area and adjacent area.

   (1)  The scope and level of detail for the information shall be determined by the Department in consultation with State and Federal agencies with responsibilities for fish and wildlife and shall be sufficient to design the protection and enhancement plan required under §  88.62 (relating to fish and wildlife protection and enhancement plan).

   (2)  Site-specific resource information necessary to address the respective species or habitats is required when the proposed permit area or adjacent area is likely to include one of the following:

     (i)   Listed or proposed endangered or threatened species of plants or animals or their critical habitats listed by the United States Secretary of the Interior under the Endangered Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884), or those species or habitats protected by the law or regulations of the Commonwealth, including those species listed as threatened or endangered by the Game Commission and the Fish Commission.

     (ii)   Habitats of unusually high value for fish and wildlife such as important streams, wetlands, riparian areas, cliffs supporting raptures, areas offering special shelter or protection, migration routes of reproduction and wintering areas.

     (iii)   Other species or habitats identified through agency consultation as requiring special protection under State or Federal law.

   The provisions of this §  88.33 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148741) to (148742).

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); and 25 Pa. Code §  88.62 (relating to fish and wildlife protection and enhancement plan).

OPERATION AND RECLAMATION PLAN

§ 88.41. Operation plan: requirements.

 As part of each permit application, the applicant shall provide a description of the anthracite coal surface mining activities showing the manner in which this chapter shall be met. The description shall include, at a minimum, the information required in § §  88.42—88.46 and 88.48—88.60.

   The provisions of this §  88.41 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 An application for anthracite coal surface mining activities shall include at a minimum:

   (1)  A narrative description of the type and method of mining and reclamation procedures and proposed engineering techniques and the major equipment to be used.

   (2)  A narrative explaining the construction, modification, use, maintenance and removal of the following facilities, unless retention of the facilities is approved for postmining land use:

     (i)   Dams, embankments and other impoundments.

     (ii)   Overburden, soil or vegetation-supporting material handling and storage areas.

     (iii)   Handling, storage, transportation areas and structures affected by coal removal.

     (iv)   Handling, storage, transportation and disposal areas and structures affected by mine spoil or coal processing waste.

     (v)   Mine facilities.

     (vi)   Water pollution control facilities.

     (vii)   Erosion control facilities.

     (viii)   Air pollution control methods.

   (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 these materials.

   (4)  A description of the measures to be employed to seal drill holes or encountered mine openings.

   (5)  A demonstration that the notification requirements of §  86.31(e) (relating to public notices of filing of permit applications) have been satisfied.

   The provisions of this §  88.42 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (239649) to (239650).

 (a)  The application shall include a description of each existing structure proposed to be used in connection with or to facilitate the anthracite coal surface mining activities, including the following:

   (1)  The location.

   (2)  The plans of the structure which describe its existing condition.

   (3)  A demonstration of evidence, indicating whether the structure meets the performance standards or the design requirements of 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).

 (b)  The application shall include a compliance plan for each existing structure to be modified or reconstructed for use in connection with or to facilitate the surface mining 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 this chapter.

   (2)  A construction schedule which shows dates for beginning and completing interim steps and final reconstruction.

   (3)  Provisions for monitoring the structure during and after modification or reconstruction to ensure that the performance standards of Subchapter B, C or 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.

   The provisions of this §  88.43 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The application shall include maps and plans of the proposed permit and adjacent area, showing the following:

   (1)  The boundaries of lands proposed to be affected over the life of the proposed operation and the sequence of operations and reclamation for 5 years.

   (2)  The changes in a facility or feature to be caused by the proposed operation for the facility or feature identified.

   (3)  The buildings, utility corridors and facilities which will be used.

   (4)  The initial bonded area and each incremental area of land for which a bond will be posted.

   (5)  The coal storage, cleaning and loading areas.

   (6)  The soil, spoil, coal waste and noncoal waste storage areas.

   (7)  The water diversion, collection, conveyance, sedimentation and erosion control, treatment, storage and discharge facilities to be used.

   (8)  The sources of waste and each waste disposal facility relating to coal processing or pollution control.

   (9)  Each explosive storage and handling facility.

   (10)  The location of each sedimentation pond, permanent water impoundment, coal processing waste bank, coal processing waste dam and embankment and fill area for the disposal of excess spoil.

   (11)  The location of monitoring points.

   (12)  Final contours.

   (13)  An air pollution collection and control facility, if required.

 (b)  Maps, plans and cross sections required by this section shall be on a scale satisfactory to the Department, but not less than 1:25,000 and in a manner satisfactory to the Department. The maps or plans and cross sections shall be prepared and certified by a qualified registered professional engineer, qualified registered professional land surveyor or qualified registered professional geologist with assistance from experts in related fields.

   The provisions of this §  88.44 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).

   The provisions of this §  88.44 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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 (199050) to (199051).

 An application shall contain a blasting plan for the proposed permit area, explaining how the applicant intends to comply with the requirements of 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).

   The provisions of this §  88.45 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92546) to (92547).

 A permit application shall contain a plan for the reclamation of the land within the proposed permit area, including, at a minimum the following:

   (1)  An estimated timetable for the accomplishment of each major step in the reclamation plan.

   (2)  An estimate of the cost of reclamation of the proposed operation required to be covered by a bond 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 present and the anticipated final surface configuration of the proposed permit area.

   (4)  A plan for removing, conserving and distributing the soil or other vegetation supporting material available from the operation.

   (5)  A plan for seeding and planting, including, but not limited to, descriptions of the following:

     (i)   The schedule of seeding and planting.

     (ii)   The species and amounts per acre of seeds or seedlings, or both, to be used.

     (iii)   The method to be used in planting and seeding.

     (iv)   Mulching techniques, if required by the Department.

     (v)   Measures proposed to be used to determine the success of revegetation.

     (vi)   A soil testing plan for determining nutrients and soil amendments as required by §  88.90 (relating to vegetation-supporting material: nutrients and soil amendments).

     (vii)   A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials are disposed of.

     (viii)   A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings other than those deep mine workings remaining after the last cut has been taken and which will be backfilled or otherwise managed in the reclamation plan, and further to plug or manage exploration holes, other boreholes, wells and other openings within the proposed permit area.

   The provisions of this §  88.46 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92547) to (92548).

 The description shall include an air pollution control plan which includes the following:

   (1)  A plan for fugitive dust control practices, 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)  An air quality control monitoring program to provide sufficient data to evaluate the effectiveness of the air pollution control plan, if required by the Department.

   The provisions of this §  88.48 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92548).

 (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 anthracite surface coal mining activities in accordance with the performance standards of this chapter, to ensure the protection of the quality and quantity of surface water systems, both within the proposed permit and adjacent areas, from adverse effects of the proposed activities and the rights of present users of surface water and groundwater.

 (b)  An application shall also contain:

   (1)  A plan for the control and treatment, if necessary, of surface water and groundwater drainage into, through and out of the proposed anthracite coal mining site to meet the effluent criteria of Subchapter B, C or D (relating to surface anthracite coal mines: minimum environmental protection performance standards; anthracite bank removal and reclamation: minimum environ-mental protection performance standards; and anthracite refuse disposal: minimum environmental protection performance standards).

   (2)  A plan for the collection, recording and reporting of groundwater and surface water quality and quantity data in accordance with § §  88.105 and 88.106 (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 probable hydrologic consequences in paragraph (3).

   (3)  A determination of the probable hydrologic consequences of the proposed anthracite coal mining activities, on the proposed total affected area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface water systems. The determination shall address the parameters measured in accordance with § §  88.25 and 88.26 (relating to groundwater; and surface water information).

   The provisions of this §  88.49 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).

   The provisions of this §  88.49 adopted December 19, 1980, 10 Pa.B. 4789, 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 (199052) to (199053).

 The reclamation plan shall include the necessary information to demonstrate how the proposed sediment control measures will meet the requirements of Chapter 102 (relating to erosion and sediment control) and the additional erosion control requirements of 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).

   The provisions of this §  88.50 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 An application shall include 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).

   The provisions of this §  88.51 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 An application shall show the manner in which the applicant plans to divert water from entering the operation.

   The provisions of this §  88.52 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  An application shall include a general plan and a design for each temporary and permanent dam, pond, embankment and impoundment, and coal refuse dam or embankment within the proposed permit area.

 (b)  The general plan shall contain:

   (1)  A description, map and cross section of the structure and its location.

   (2)  Preliminary hydrologic and geologic information required to assess the hydrologic impact of the structure.

   (3)  A certification statement which includes a schedule setting forth the dates that any detailed design plans for structures that are not submitted with the initial application will be submitted. The detailed design of the structure shall have been approved by the Department, in writing, before construction of structure begins.

   (4)  A description, map and cross sections of the structure and its location.

 (c)  The plan for a structure which is subject to the criteria of Chapter 105 (relating to dam safety and waterway management) shall meet the requirements of Chapter 105.

 (d)  The detailed plan for a structure which is not subject to Chapter 105 shall:

   (1)  Be prepared by, or under the direction of, and certified by a qualified registered professional engineer.

   (2)  Include any design and construction requirements for each structure, including any required geotechnical information.

   (3)  Describe the operation and maintenance requirements for each structure.

   (4)  Describe the timetable and plans to remove each structure, if appropriate.

 (e)  The plan for sedimentation ponds shall include the design standards and other requirements of this chapter.

 (f)  The plan for any coal processing waste dam or embankment shall include the design standards and other requirements of this chapter.

   The provisions of this §  88.53 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92550) to (92551).

 If coal removal, blasting or drilling is proposed to be conducted close to any point of an active or abandoned underground mine the operation plan shall describe the measures to be used to comply with § §  88.113 and 88.204 (relating to protection of underground mining; and protection of underground mining) and applicable State and Federal laws.

   The provisions of this §  88.54 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).

   The provisions of this §  88.54 adopted December 19, 1980, 10 Pa.B. 4789, 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 page (199055).

 (a)  A plan shall contain a description of the proposed use, following reclamation of the land within the proposed permit area. The description shall also explain:

   (1)  How the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use.

   (2)  When a land use different from the predisposal land use is proposed, all materials needed for approval of the alternative use under 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).

   (3)  The consideration which has been given to making all of the proposed activities consistent with surface owner plans and applicable State 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 by the legal or equitable owner of record of the surface of the proposed permit area and the State and local government agencies which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation.

   The provisions of this §  88.55 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  For publicly-owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed operations, 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 any anthracite mining activity.

   The provisions of this §  88.56 adopted December 19, 1980, 10 Pa.B. 4789, 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 (239658).

 The reclamation plan shall include a description and necessary drawings, approved by the Department of Transportation or the municipality, township or county having jurisdiction of the road, if the applicant proposes to relocate a public road, or conduct surface mining activities within 100 feet of the right-of-way of any public road, except where the access of the site joins the right-of-way.

   The provisions of this §  88.57 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The reclamation plan shall contain a description, including appropriate maps and cross sections, of the proposed disposal site and design of the spoil disposal structure. The description shall include the geotechnical investigation, design, construction, operation, maintenance and removal, if appropriate, of the site and structures.

 (b)  When excess spoil will not be used to reclaim nearby abandoned surface mines, the geotechnical investigation of the proposed disposal site shall include the following:

   (1)  The character of bedrock and any adverse geologic condition in the disposal area.

   (2)  A survey identifying all springs, seepage and groundwater flow observed or anticipated during wet periods in the area of the disposal site.

   (3)  A survey of the potential effects of subsidence of the subsurface strata due to past and future mining operations.

   (4)  A stability analysis, including, but not limited to, strength parameters and long-term seepage conditions. These data shall be accompanied by a description of all engineering design assumptions and calculations and the alternatives considered in selecting the specific design specifications and methods.

   The provisions of this §  88.58 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The reclamation plan shall include the necessary information to demonstrate how the proposed disposal of coal refuse will meet the requirements of Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance standards).

 (b)  Coal refuse which is returned to abandoned underground working shall meet those requirements described in Subchapter F (relating to anthracite underground mines).

   The provisions of this §  88.59 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 For each haul road, conveyor, rail system, access road or other transportation facility, the application shall contain a description of the road or facility and appropriate maps, plans, cross sections and specifications to demonstrate compliance with Subchapter B, C, D or F.

   The provisions of this §  88.60 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92554).

 (a)  A person who conducts or intends to conduct surface mining activities on prime farmland shall submit a plan, as part of the permit application, demonstrating the following:

   (1)  The land will be restored, within a reasonable time, to equivalent or higher levels of yield as nonmined prime farmland in the surrounding area under equivalent levels of management.

   (2)  The standards for successful revegetation of § §  88.129, 88.217 and 88.330 (relating to revegetation: standards for successful revegetation; vegetation: standards for successful vegetation; and revegetation: standards for successful revegetation) can be achieved.

 (b)  The plan shall contain at a minimum:

   (1)  A soil survey with description of soil mapping units and representative soil survey profile under §  88.32(d) (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.

   (2)  A plan for soil reconstruction, replacement and stabilization to include:

     (i)   The proposed method and the type of equipment to be used for removal, storage and replacement of the soil.

     (ii)   The proposed measures to be taken during soil reconstruction to prevent excessive compaction and to 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.

     (iii)   The areas to be used for the separate stockpiling of the soil and plans for soil stabilization before distribution.

   (3)  Scientific data, such as agricultural school studies, for areas with comparable soils, climate and management that demonstrate that the proposed method of reclamation, including the use of soil mixtures or substitutes will achieve, within a reasonable time, equivalent or higher levels of yield as nonaffected prime farmland in the surrounding area under equivalent levels of management.

   (4)  The productivity prior to mining, including the average yield of food, fiber, forage or wood products obtained under a high level of management.

   The provisions of this §  88.61 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).

   The provisions of this §  88.61 adopted January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; 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 (199059) to (199060).

 (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 anthracite mining activities and how enhancement of these resources will be achieved where practicable. This description shall apply, at a minimum, to species and habitats identified under §  88.33 (relating to fish and wildlife resource information) and include the following:

   (1)  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.

   (2)  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 §  88.33 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 same 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.

   The provisions of this §  88.62 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148754) to (148755).

   This section cited in 25 Pa. Code §  86.81 (relating to program services); 25 Pa. Code §  86.261 (relating to program services); 25 Pa. Code §  88.33 (relating to fish and wildlife resource information); and 25 Pa. Code §  88.492 (relating to minimum requirements for reclamation and operation plan).

Subchapter B. SURFACE ANTHRACITE COAL MINES:
MINIMUM ENVIRONMENTAL PROTECTION
PERFORMANCE STANDARDS

Sec.

 A person who conducts surface mining activities shall comply with the performance standards and design requirements of this subchapter.

 (a)  A person who conducts surface mining activities shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each actively used haul road and public road. The sign shall be constructed of a durable weather resistant material at a minimum size of 2 feet by 3 feet with a light background and contrasting letters and numbers of a minimum height of 1/2 inch that can be easily seen and read. The sign shall show the name, business address and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.

 (b)  If blasting is conducted as part of the operation, the person who conducts the surface mining activities shall post and maintain signs and markers as required by §  88.135 (relating to blasting: surface blasting requirements).

 (c)  Groundwater and surface water monitoring locations and sampling points used to obtain background information shall be clearly marked and identified. The identification of monitoring locations and sampling points shall correspond with the identification used in the permit application. Markers used to identify monitoring locations shall be made of durable material. The Department may waive marking requirements in cases where the monitoring location or sampling point is obvious or where marking would be objectionable for aesthetic reasons.

   The provisions of this §  88.82 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).

   The provisions of this §  88.82 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199063).

 (a)  An exploration hole, other drill or borehole, well or other exposed opening (except for holes solely drilled and used for blasting), shall be sealed, backfilled or otherwise managed, as approved by the Department, in order to do the following:

   (1)  Prevent acid or other toxic drainage from entering groundwaters or surface waters.

   (2)  Minimize disturbance to the prevailing hydrologic balance.

   (3)  Ensure the safety of people, property, livestock, fish and wildlife and machinery in the permit and adjacent areas.

   (4)  Prevent groundwater and surface water from entering underground mine workings.

 (b)  If these openings are uncovered or exposed by surface mining activities within the permit area, they shall be permanently closed unless approved for water monitoring, or otherwise managed in a manner approved by the Department.

 (c)  Use of a drilled hole, borehole or monitoring well as a water well shall meet the provisions of §  88.106 (relating to hydrologic balance: surface water monitoring).

 (d)  Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P. S. § §  601.101—601.605).

 (e)  A solid barrier of undisturbed earth, 125 feet (38.1 meters) in radius shall be maintained around all oil and gas wells, unless:

   (1)  The well is sealed in accordance with subsection (d).

   (2)  The Department approves in writing a lesser distance if:

     (i)   Access to the well is provided at all times.

     (ii)   The integrity of the well is maintained.

     (iii)   The measures included in the permit to minimize damage, destruction or disruption of services are implemented.

   The provisions of this §  88.83 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).

 Soil, in an amount sufficient to ensure ample material for vegetation, shall be removed, conserved and redistributed for the final surface layer. If soil is unavailable suitable mine spoil or other materials which will support vegetation shall be conserved and redistributed as the final surface.

   The provisions of this §  88.86 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (99147).

 (a)  Available soil, as required by §  88.86 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any surface mining.

 (b)  In the event that removal of vegetative matter, soil or other materials may result in erosion which may cause air or water pollution, the size of the area from which soil is removed at any one time shall be limited and other measures shall be taken that the Department may approve or require to control erosion.

 (c)  If the soil is less than 12 inches in depth, all soil and sufficient unconsolidated material immediately below the soil shall be removed to provide a 12-inch layer when redistributed as the final surface.

 (d)  On areas that have been previously affected by mining with no available soil, the spoil material best suited to support vegetation shall be conserved for redistribution as the final surface.

   The provisions of this §  88.87 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Soil and other vegetation-supporting materials shall be redistributed or stockpiled for redistribution.

 (b)  Stockpiled materials shall be selectively placed on stable area within the permit area and located where the material, unless approved by the Department, will not be moved or otherwise distributed by the mining activity until required for redistribution on the regraded areas.

 (c)  Stockpiled material shall be protected from wind and water erosion, unnecessary compaction and contaminants which lessen the capability of the materials to support vegetation when redistributed. Protective measures shall be accomplished by one of the following:

   (1)  Seeding or planting an effective cover of nonnoxious quick-growing annual and perennial species.

   (2)  Other methods demonstrated to and approved by the Department to provide equal protection.

   The provisions of this §  88.88 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Prior to redistribution of soil or other vegetation-supporting material, the regraded land shall be scarified or otherwise treated as required by the Department to eliminate slippage surfaces and to promote root penetration.

 (b)  Soil and other vegetation-supporting materials shall be redistributed in a manner that meets the following:

   (1)  Achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours and surface water drainage system.

   (2)  Prevents excess compaction of the soil and other vegetation-supporting materials.

   (3)  Protects the soil and other vegetation-supporting materials from wind and water erosion before and after it is seeded and planted.

   The provisions of this §  88.89 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the approved postmining land use and meets revegetation requirements of § §  88.121—88.130.

 (b)  Soil tests shall be performed using standard methods approved by the Department. Results of a soil test shall be submitted to the Department.

 (c)  Agricultural lime or limestone used for neutralizing soil acidity shall be of sufficient fineness so that a minimum of 95% will pass through a 20 mesh sieve and shall contain sufficient calcium and magnesium to be equivalent to not less than 89% calcium carbonate. An alternate material of equivalent neutralizing effect may be employed.

 (d)  The use of fly ash and sewage sludge as soil amendments may be approved by the Department if demonstrated to be a suitable soil amendment and meets the requirements of Subpart D, Articles VIII and IX (relating to municipal waste; and residual waste management).

   The provisions of this §  88.90 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92561).

 (a)  Surface mining activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. The Department may require additional preventive, remedial or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented. Where the area has been previously mined, the surface mining activity shall be planned and conducted to maximize the abatement of water pollution and the reclamation of the land.

 (b)  Changes in water quality and quantity, the depth to groundwater, and the location of surface water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.

 (c)  The treatment requirements and effluent limitations established under §  88.92 (relating to hydrologic balance: effluent standards) may not be violated.

 (d)  A person who conducts surface mining activities shall conduct the mining and reclamation operation to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under §  88.92 are achieved and maintained. If these practices are not adequate, the person who conducts surface mining activities shall provide the necessary water treatment facilities to obtain the applicable water quality standards.

 (a)  Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).

Group A

	30-day	Daily	Instantaneous
Parameter	Average	Maximum	Maximum
iron (total)	3.0 mg/l	6.0 mg/l	7.0 mg/l
manganese (total)	2.0 mg/l	4.0 mg/l	5.0 mg/l
suspended solids	35 mg/l	70 mg/l	90 mg/l
pH 1		greater than 6.0; less than 9.0
alkalinity greater than acidity 1
1 The parameter is applicable at all times.

Group B

	Instantaneous
Parameter	Maximum
iron (total)	7.0 mg/l
settleable solids	0.5 ml/l
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

Group C

	Instantaneous
Parameter	Maximum
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

 (b)  Effluent limitations and precipitation exemptions. Effluent limitations and precipitation exemptions are as follows:

   (1)  The discharges specified in this subsection shall comply with the effluent limitations set forth as follows:

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  88.93 (relating to hydrologic balance: precipitation event exemption).

 (c)  Exceptions to effluent limitations. Exemptions to effluent limitations are as follows:

   (1)  The pH of discharges shall be maintained between 6.0 and 9.0 except in the following circumstances:

     (i)   Where the wastes are discharged to an acid stream, in which cases the pH may be greater than 9.0.

     (ii)   When the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act (33 U.S.C.A. § §  1251—1376), the Department may grant a variance from this limitation.

   (2)  When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/1, the manganese limitation does not apply.

 (d)  Single facilities used for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge.

 (e)  Postmining pollutional discharges.

   (1)  If a postmining pollutional discharge occurs, the discharger shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsection (c), (d) or (f). The discharger shall also take whatever measures are necessary and available to abate the discharge, including modifying the operation and reclamation plan for the mining activity.

   (2)  If the discharge continues to exist, after implementation of the abatement measures required under paragraph (1), the discharger shall make provisions for sound future treatment of the discharge to achieve the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (c) or (f). If the untreated discharge can be adequately treated using a passive treatment system, paragraph (3) applies in lieu of the Group A effluent requirements of subsection (a). Discharges which can be adequately treated using a passive treatment system include, but are not limited to:

     (i)   Discharges with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity.

     (ii)   Discharges with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute.

     (iii)   Discharges with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity.

   (3)  A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements:

     (i)   The system shall reduce the iron concentration by at least 90% or by that percentage necessary to achieve the Group A effluent requirements in subsection (a), whichever percentage is less.

     (ii)   The system shall produce an effluent alkalinity which exceeds effluent acidity.

   (4)  In addition to achieving the effluent requirements of paragraphs (2) and (3), the passive treatment system shall be designed and constructed to accomplish the following:

     (i)   Prevent discharge of mine drainage into the groundwater.

     (ii)   Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system.

     (iii)   Hydraulically handle the highest average monthly flow rate which occurs during a 12-month period.

     (iv)   Have inlet and outlet structures which will allow for flow measurement and water sampling.

     (v)   Prevent to the maximum extent practicable physical damage, and associated loss of effectiveness, due to wildlife and vandalism.

     (vi)   Be of a capacity so that it will operate effectively and achieve the required effluent quality for 15 to 25 years before needing to be replaced.

   (5)  The passive treatment system shall be designed by, and constructed under the supervision of, a qualified professional knowledgeable in the subject of passive treatment of mine drainage.

 (f)  In addition to the requirements of subsections (a)—(e), the discharge of water from areas disturbed by mining activities shall comply with Chapters 91—93, 95, 97 (reserved) and 102.

   The provisions of this §  88.92 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).

   The provisions of this §  88.92 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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; amended November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (237169) to (237173).

 (a)  To establish the alternative effluent limitations of Group B or C in §  88.92(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitation event has occurred, under the procedures in this section.

   (1)  The occurrence of a precipitation event greater than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (b)—(d) for each discharge that exceeds the effluent limits specified in §  88.92, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a greater than 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitation of Group C in §  88.92(a).

   (2)  The occurrence of a precipitation event equal to or less than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (c) and (d) for each discharge that exceeds the effluent limits specified in §  88.92, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a precipitation event equal to or less than a 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitations of Group B in §  88.92(a).

 (b)  The 10-year, 24-hour precipitation event for specific areas in this Commonwealth are listed as follows:

 (c)  For the permittee to demonstrate that the event listed in subsection (b) has for his mine area been exceeded, or that dry weather flow conditions did not exist, the permittee shall do one of the following:

   (1)  Collect 24-hour rainfall information from all official United States Weather Bureau Stations within a 25-mile distance radius of the site. By appropriate interpolation of the data collected under this paragraph, calculate the estimated rainfall event for the site. Appropriate interpolation shall be accomplished by:

     (i)   Construction of an isohyetal map in accordance with the guidelines established by the Department.

     (ii)   Linear interpolation between the isohytes.

   (2)  Prepare a verified copy of the chart or readout from a Department approved flow measuring device which continuously records the influent to the permitted treatment facility. The device shall be approved by the Department in writing prior to the event for which the exemption is sought and shall be secure to prevent tampering and acts of third parties.

   (3)  Prepare an analysis identifying the runoff area tributary to the treatment facility, and compare the actual runoff as measured and depicted by the flow measuring device with the runoff expected from the 10-year, 24-hour precipitation event specified for the mine area in subsection (a).

   (4)  Develop alternative documentation or data concerning the precipitation event. The method or system for developing the documentation or data shall be approved in writing prior to the occurrence of the event for which the exemption is being sought, and shall guarantee the integrity of the information collected.

 (d)  When the discharge from the site exceeds any effluent limit in the permit, the permittee shall notify the Department within 5 days of the occurrence of the event that he is applying for an exemption from that limit and shall within 30 days thereafter provide to the Department:

   (1)  The data required by subsection (c).

   (2)  A showing that the facility from which the discharge occurred was designed, maintained and operated during and prior to the event to accommodate or treat a 10-year, 24-hour precipitation event.

 (e)  The permittee is not entitled to claim a greater than 10-year, 24-hour precipitation event storm exemption unless the permittee has complied with subsections (c) and (d).

 (f)  Nothing in this section authorizes the Department to grant an exemption for a discharge which the Department finds may have caused or contributed to a violation of general or specific water quality criteria in Chapter 93 (relating to water quality standards).

   The provisions of this §  88.93 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148764) to (148766).

 Diversion of flow from perennial and intermittent streams shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

   The provisions of this §  88.94 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion.

 (b)  Diversions shall be designed, constructed and maintained using current engineering practices to pass safely the peak runoff from a precipitation event with a 2-year recurrence interval for temporary diversions and 10-year recurrence interval for permanent diversion. If necessary to protect public health and safety or prevent pollution, a larger event shall be used.

 (c)  All soil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the diversion.

 (d)  Any diversion shall be vegetated or otherwise stabilized to prevent erosion or contributions of sediment to stream or runoff outside the affected area. Asphalt, concrete or other similar lining shall only be used when approved by the Department. Riprap shall be nondegradable, nonacid or toxic-forming rock that will not slake and will be free of coal, clay or shale.

 (e)  A diversion may not be located in a manner that increases the potential for landslides or other offsite damage.

 (f)  Excess material shall be placed in the backfilling, or at an excess spoil disposal area.

 (g)  When no longer needed, the diversion shall be regraded to blend with the natural contours and drainage pattern, and revegetated in accordance with the requirements of this subchapter.

   The provisions of this §  88.95 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (99152).

 Appropriate sediment control measures shall be designed, constructed and maintained to:

   (1)  Prevent, to the extent possible, contributions of sediment to streamflow or to runoff outside the affected area.

   (2)  Meet the treatment and effluent requirements of §  88.92 (relating to hydrologic balance: effluent standards).

   (3)  Minimize erosion to the extent possible.

   (4)  Meet the requirements of Chapter 102 (relating to erosion and sediment control).

   The provisions of this §  88.96 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (207051).

 (a)  At a minimum, facilities and measures for treating discharges from disturbed areas shall be designed, constructed and maintained to treat the runoff from a 10-year, 24-hour precipitation event and any groundwater contribution.

 (b)  Facilities and measures for treating any discharges shall be based on good engineering design and shall include automatic neutralization processes. The Department may approve a manual neutralization system if the Department finds that:

   (1)  Small and infrequent treatment is needed to meet effluent limitations.

   (2)  Timely and consistent treatment is ensured.

 (c)  The design, construction and maintenance of a treatment facility shall not relieve an operator of his responsibility to comply with effluent standards as provided in §  88.92 (relating to hydrologic balance: effluent standards).

 (a)  All surface drainage from the disturbed area—including areas which have been graded, seeded and planted—shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area. The Department may waive the required use of sedimentation ponds when the person who conducts surface mining activities demonstrates to the satisfaction of the Department that sediment ponds are not necessary to meet the effluent limitation under §  88.92 (relating to hydrologic balance: effluent standards).

 (b)  Sedimentation ponds shall be constructed before disturbing any area which will drain to the pond. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams, unless approved by the Department. They shall be maintained until the disturbed area has been restored and the vegetation requirements have been met.

 (c)  The following apply to sedimentation ponds:

   (1)  Sediment ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).

   (2)  Sedimentation ponds shall be structurally sound and, at a minimum, meet the requirements of §  88.102 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

   The provisions of this §  88.98 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92568).

 Discharge from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of streamchannels and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

   The provisions of this §  88.99 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92568).

 (a)  Drainage from acid-forming and toxic-forming spoil into groundwater and surface water shall be avoided by:

   (1)  Identifying, burying and treating, where necessary, spoil which, in the judgment of the Department, may be detrimental to vegetation or may adversely affect water quality if not treated or buried.

   (2)  Preventing water from coming into contact with acid-forming and toxic-forming spoil in accordance with §  88.119 (relating to backfilling and grading: covering coal and acid-forming and toxic-forming materials) and other measures as required by the Department.

   (3)  Burying or otherwise treating all acid-forming or toxic-forming spoil as soon as practical after it is first exposed on the mine site. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be protected from erosion and contact with surface water. Any discharge shall be collected and treated to conform to §  88.92 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.100 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Permanent impoundments may be authorized by the Department, upon the basis of the following demonstration:

   (1)  The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment will not degrade the quality of receiving waters to less than the water quality standards established under §  88.92 (relating to hydrologic balance: effluent standards).

   (2)  The level of water shall be sufficiently stable to support the intended use.

   (3)  Adequate safety and access to the impounded water shall be provided for proposed water users.

   (4)  Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic users.

   (5)  The design, construction and maintenance of structures shall achieve the minimum requirements of §  88.102 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

   (6)  The size of the impoundment is adequate for its intended purposes.

   The provisions of this §  88.101 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92569) to (92570).

 (a)  Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and maintained under Chapter 105.

 (b)  The design, construction and maintenance of dams, ponds, embankments and impoundments that are not of the class of subsection (a) shall achieve the minimum design criteria contained in United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standards 350 ‘‘Sediment Basin’’ and 378, ‘‘Pond’’ as amended. In addition to the requirements in ‘‘Sediment Basin,’’ a minimum static safety factor of 1.3 is required.

   The provisions of this §  88.102 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).

   The provisions of this §  88.102 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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 page (199076).

 A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the requirement criteria established by Chapter 105 (relating to dam safety and waterway management) and the United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standard 378, ‘‘Pond’’ as applicable.

   The provisions of this §  88.103 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial page (148772).

 Surface water or groundwater from surface mining activities may not be piped or channeled to underground mine workings.

 (a)  Groundwater levels, subsurface flow and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of surface mining activities on the reclaimed lands and on the quantity and quality of water in groundwater systems in the permit and adjacent areas.

 (b)  When surface mining activities may affect the groundwater systems which serve as aquifers which ensure the hydrologic balance of water use on or off the permit area, groundwater levels and groundwater quality shall be monitored. Monitoring shall include measurements from a sufficient number of sources and chemical analyses of water from aquifers that are adequate to reflect changes in groundwater quality and quantity resulting from those activities. Monitoring shall be adequate to plan for modification of coal refuse disposal activities, if necessary, to prevent to the maximum extent possible, disturbance of the prevailing hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total manganese, sulfates and water levels shall be monitored and reported to the Department at least every 3 months for each monitoring location.

 (c)  The Department may require the operator to conduct additional hydrologic tests, including but not limited to, drilling, infiltration tests, aquifer tests, chemical and mineralogic analyses of overburden and spoil to demonstrate compliance with this section.

 (d)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.105 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).

   The provisions of this §  88.105 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199077) to (199078).

 (a)  In addition to the monitoring and reporting requirements established by the Department under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored to measure and record accurately the water quantity and quality of the discharges from the permit area and the effect of the discharge on the receiving waters. Surface water shall be monitored for parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in 88.49 (relating to protection of hydrologic balance). At a minimum, total dissolved solids or specific conductance corrected to 25°C, total suspended solids, pH, acidity, alkalinity, total iron, total manganese, sulfates and flow shall be monitored and reported to the Department every 3 months for each monitoring location.

 (b)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.106 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).

   The provisions of this §  88.106 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199078).

 (a)  Water supply replacement obligations. The operator of any mine or a person engaged in government-financed reclamation who affects a water supply by contamination, pollution, diminution or interruption shall restore or replace the affected water supply with an alternate source, adequate in water quality and water quantity for the purpose served by the water supply.

   (1)  To be adequate, the restored or replacement water supply, at a minimum, shall:

     (i)   Be as reliable as the previous water supply.

     (ii)   Be as permanent as the previous water supply.

     (iii)   Not require excessive maintenance.

     (iv)   Provide the owner and the user with as much control and accessibility as exercised over the previous water supply. The use of a public water supply as a replacement water supply provides the owner and the user adequate control and accessibility.

     (v)   Not result in more than a de minimis cost increase to operate and maintain.

   (2)  If the operating and maintenance costs of the restored or replacement water supply are more than a de minimis cost increase, the operator shall provide for the permanent payment of the increased operating and maintenance costs of the restored or replacement water supply.

   (3)  The requirement contained in this subsection to restore or replace an affected water supply or an individual requirement of paragraphs (1) and (2) may be waived. The waiver shall be in writing on a form prepared by the Department. Everyone who possesses an ownership interest in the water supply shall sign the waiver. The form shall be recorded at the office of the recorder of deeds in the county in which the water supply is situated and a notarized copy of the form provided to the Department.

 (b)  Presumption of liability for pollution.

   (1)  It shall be presumed, as a matter of law, that a surface mine operator or mine owner is responsible without proof of fault, negligence or causation for all pollution, except bacteriological contamination, and diminution of public or private water supplies within 1,000 linear feet (304.80 meters) of the boundaries of the areas bonded and affected by coal mining operations, areas of overburden removal and storage and support areas except for haul and access roads.

   (2)  If surface mining activities are conducted on areas which are not permitted or bonded, it shall be presumed, as a matter of law, that the surface mine operator or mine owner is responsible without proof of fault, negligence or causation for all pollution, except bacteriological contamination and diminution of public or private water supplies within 1,000 linear feet (304.80 meters) of the land affected by the surface mining activities.

 (c)  Defense to presumption of liability. There are only five defenses to the presumption of liability provided in subsection (b). For any of the five defenses to apply, a mine operator or mine owner shall affirmatively prove by a preponderance of evidence that one or more of the following conditions exists:

   (1)  The landowner or water supply company refused to allow the surface mine operator or mine owner access to conduct a water supply survey prior to commencing surface mining activities.

   (2)  The water supply is not within 1,000 linear feet (304.80 meters) of:

     (i)   The boundaries of areas bonded and affected by coal mining operations, areas of overburden removal and storage and areas used for support but not including haul and access roads.

     (ii)   The boundaries of areas affected by surface mining activities in areas which are not bonded.

   (3)  The pollution or diminution existed prior to the surface mining activities as evidenced by a water supply survey conducted prior to commencing surface mining activities and as documented in the approved surface mine permit application submitted to the Department prior to permit issuance.

   (4)  The pollution or diminution occurred as a result of some cause other than the surface mining activities.

   (5)  The landowner, water supply user or water supply company refused to allow the surface mine operator or mine owner access to determine the cause of pollution or diminution or to replace or restore the water supply.

 (d)  Notification to the Department. The surface mine operator or mine owner shall notify the Department and provide all information which supports a defense to the presumption of liability when one or more of the five defenses to the presumption of liability provided in subsection (c) are met. If a surface mine operator’s or mine owner’s defense to the presumption of liability is based on the conditions of subsection (c)(1), the operator or owner shall submit evidence to the Department demonstrating that the landowner or water supply company was notified by certified mail or personal service that the refusal of access to conduct a water supply survey could be used to rebut a presumption of liability.

 (e)  Immediate replacement of water supply. If the Department finds that immediate replacement of an affected water supply used for potable or domestic purposes is required to protect public health or safety and the surface mine operator or mine owner has failed to comply with an order issued under section 4.2(f) of SMCRA (52 P. S. §  1396.5b(f)), the Department may use moneys from the Surface Mining Conservation and Reclamation Fund to restore or replace the affected water supply.

 (f)  Department cost of recovery. The Department will cover the costs of restoration or replacement, the costs of temporary water supply and costs incurred for design and construction of facilities from the responsible surface mine operator or mine owner. Costs recovered will be deposited in the Surface Mining Conservation and Reclamation Fund.

 (g)  Operator cost recovery. A surface mine operator or mine owner who appeals a Department order, provides a successful defense during the appeal to the presumptions of liability and is not otherwise held responsible for the pollution or diminution is entitled to recovery of reasonable costs incurred, including, but not limited to, the costs of temporary water supply, design, construction, restoration or replacement costs, attorney fees and expert witness fees from the Department.

 (h)  Other remedies. Nothing in this section prevents a landowner, water supply user or water supply company who claims pollution or diminution of a water supply from pursuing any other remedy that may be provided for in law or in equity.

 (i)  Issuance of new permits. A Department order issued under this section which is appealed, will not be used to block issuance of new permits or the release of bonds when a stage of reclamation work is completed.

 (j)  Departmental authority. Nothing in this section limits the Department’s authority under section 4.2(f)(1) of SMCRA.

 (k)  Exception. A surface mining operation conducted under a surface mining permit issued by the Department before February 16, 1993, is not subject to subsections (b)—(i) but is subject to subsections (a) and (j).

   The provisions of this §  88.107 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215. Immediately preceding text appears at serial pages (207057) to (207058).

 At the completion of surface mining activities, the person who conducts the surface mining activities shall renovate as required by the Department all permanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.

   The provisions of this §  88.108 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92573).

 (a)  Spoil not required to backfill and reclaim within the area where overburden has been removed shall be hauled or conveyed to and placed in designated disposal areas approved by the Department. The spoil shall be placed in a controlled manner to ensure:

   (1)  That the land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.

   (2)  Stability of the disposal area.

   (3)  That leachate and surface runoff from the disposal area will not degrade surface waters or groundwaters or exceed the established effluent limitations.

 (b)  The disposal area shall be designed using recognized professional standards and approved by the Department. The design shall be certified by a registered professional engineer.

 (c)  All vegetative and organic materials shall be removed from the disposal area concurrent with the placement of spoil.

 (d)  Slope protection shall be provided to minimize surface erosion at the site. All disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.

 (e)  The spoil to be placed in fill shall be hauled or conveyed and placed in a controlled manner and concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered and graded to allow surface and subsurface drainage to be compatible with the natural surroundings and ensure a long-term static safety factor of 1.5.

 (f)  The final configuration of the disposal must be suitable for the proposed postmining land uses.

 (g)  Terraces may be utilized to control erosion and enhance stability if approved by the Department.

 (h)  If the disposal area contains springs, natural or manmade water courses, or wet-weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be protected by an adequate filter and ensure continued free drainage.

 (i)  Excess spoil may be returned to underground mine workings, but only in accordance with a disposal program approved by the Department and MSHA.

   The provisions of this §  88.110 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92573) to (92574).

 (a)  The applicant shall demonstrate that the overburden or excess spoil placed in abandoned strip mines can be graded to AOCs or an approved alternate design plan, which will conform to adjacent topography and be free of any polluting hazards.

 (b)  Spoil will be disposed of in such a manner that the pit, as it is being backfilled, is free of voids and depressions.

 (c)  Spoil disposed of in water-filled surface mines shall meet the applicable requirements of Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance standards).

   The provisions of this §  88.111 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 No surface coal mining activities may be conducted in close proximity to any point of an active underground mine, to the extent that the surface mining activities could be declared a nuisance and danger to the health, safety and welfare of persons within an active underground mine. All surface mining activities shall be conducted with and in compliance with the Pennsylvania Anthracite Coal Mine Act (52 P. S. § §  70-101—70-145).

 Air pollution control measures shall be planned and employed as an integral part of the surface mining activities and shall meet the following requirements:

   (1)  If processing facilities are to be used at the mining site, the facilities shall meet the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources).

   (2)  Fugitive dust control measures shall demonstrate compliance with Chapters 121, 123, 127 and 129.

   The provisions of this §  88.114 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Disturbed areas shall be returned to their approximate original contour except as specifically exempted in§  88.116 (relating to backfilling and grading: reaffecting previously mined lands).

 (b)  Backfilled material shall be placed to minimize adverse effects on groundwater, minimize offsite effects, and to support the approved postmining land use.

 (c)  Timing of backfilling and grading may not exceed the following:

   (1)  If the method of mining is contour mining or modified block-cut mining, rough backfilling and grading shall follow coal removal by not more than 60 days or no more than 1,500 linear feet may be opened at any time. The Department may grant additional time for rough backfilling and grading if the operator can demonstrate, through a detailed analysis, that additional time is necessary.

   (2)  If the method of mining is open pit mining, rough backfilling and grading shall occur in accordance with the time schedule approved by the Department, which shall specifically establish in stated increments the period between removal of coal and completion of backfilling and grading.

 (d)  Backfilling equipment needed to complete the restoration may not be removed from the operation until backfilling and leveling has been completed and approved in writing by the Department. However, upon written request by the operator to the Department specifying the need to remove backfilling equipment for protection of backfilling equipment from weather conditions, for required maintenance or for protection from vandalism during strikes, the Department may approve, in writing, the temporary removal if inspection of the site demonstrates that the operation is in compliance with the rules of the EQB and the statutes of the Commonwealth relating to environmental protection and the request for temporary removal is justified for the reasons specified by the operator. Temporarily-removed backfilling equipment shall be returned to the site promptly upon the Department’s direction. Backfilling equipment shall be operable, in use and capable of meeting the requirements of the reclamation plan throughout the life of the mining operation.

   The provisions of this §  88.115 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (148776) to (148777).

 Where the surface mining activities are reaffecting previously mined lands that have not been restored to approximate original contour, the Department may approve, in writing, terracing or other alternatives to contouring if the operator demonstrates the following:

   (1)  The area proposed to be affected cannot be reclaimed to approximate original contour.

   (2)  Reaffecting the area is likely to produce an environmental benefit.

   (3)  Overburden and spoil is retained on the solid portion of existing or new benches.

   (4)  The highwall, including, but not limited to, bottom rock exposed or affected by the operator in surface mining of steeply inclined coal seams, is eliminated.

   (5)  In eliminating the highwall including, but not limited to, bottom rock exposed or affected in surface mining by the operator of steeply inclined coal seams, the area is backfilled and graded to the most moderate slope possible. The final slopes may not exceed either the angle of repose or 35 degrees, whichever is the lesser.

   (6)  The final slopes are consistent with the approved postmining land use.

   The provisions of this §  88.116 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (148777) to (148778).

 The Department may grant a variance to contouring or terracing where the land is proposed to be made suitable after mining and reclamation for planned or designated industrial, commercial, agricultural, residential, recreational or public use provided the other applicable requirements of this chapter are met.

   The provisions of this §  88.117 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92577).

 (a)  The final graded slopes shall approximate premining slopes, or slopes approved by the Department based on consideration of soil, rock formation, climate or other characteristics of the surrounding area.

 (b)  Postmining final graded slopes need not be uniform but shall approximate the general nature of the premining topography.

 (c)  Cut and fill terraces may be allowed on approval by the Department to conserve soil moisture, ensure stability and control erosion on final graded slopes, if the terraces are compatible with the approved postmining land use and are substitutes for construction of lower grades on the reclaimed lands.

 (d)  Small depressions may be constructed, if they:

   (1)  Are approved by the Department to minimize erosion, conserve soil moisture or promote vegetation.

   (2)  Do not restrict normal access.

   (3)  Are not inappropriate substitutes for lower grades on the reclaimed lands.

 (e)  All surface mining activities on slopes above 20°, or on lesser slopes that the Department defines as steep slopes, shall meet the appropriate provisions.

 (f)  All final grading, preparation of overburden before replacement of soil or suitable vegetation support material shall be conducted in a manner which minimizes erosion and provides a surface for replacement of soil which will minimize slippage.

   The provisions of this §  88.118 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207062) to (207063).

 (a)  Unless otherwise approved by the Department, exposed coal seams, acid-forming material, toxic-forming materials and combustible materials, other than coal refuse, shall be handled in the following manner:

   (1)  The material shall be buried above the groundwater table and shall be placed at a minimum of 5 feet above the coal seam.

   (2)  If necessary, these materials shall be treated to neutralize toxicity, in order to prevent water pollution and combustion and minimize adverse effects on plant growth and land uses.

   (3)  Where necessary to protect against upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth or otherwise to meet local conditions, the Department will specify amounts of cover using nontoxic material, or special compaction and isolation from groundwater contact.

   (4)  Acid-forming or toxic-forming material may not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.

 (b)  Backfilled materials shall be selectively hauled or conveyed, and compacted, wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface waters or groundwaters and wherever necessary to insure stability to the backfilled materials. The method and design specifications of compacting material shall be approved by the Department before acid-forming or toxic-forming materials are covered.

   The provisions of this §  88.119 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92579).

 When rills and gullies deeper than 9 inches form in areas that have been backfilled, graded and vegetated, the rills and gullies shall be refilled, graded or otherwise stabilized and the area reseeded or replanted.

   The provisions of this §  88.120 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Vegetation shall be established on all land affected by surface mining activities.

 (b)  Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process when desirable and necessary to achieve the approved postmining land use plan. For areas previously disturbed by surface mining activities that were not reclaimed to the standards of SMCRA and this chapter, and are proposed to be reaffected or redisturbed, the Department may approve a vegetative cover which, at a minimum, may not be less than the vegetative cover existing before redisturbance and shall be adequate to control erosion and achieve the approved postmining land use.

 (c)  Revegetation shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

 (d)  Revegetation shall be completed in accordance with the reclamation plan of the permit application as approved by the Department.

 (e)  Revegetation shall be consistent with the approved postmining land use and specified in the permit application.

   The provisions of this §  88.121 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215. Immediately preceding text appears at serial pages (207064) to (207065).

 (a)  Revegetation of disturbed areas shall be performed no later than the first normal period for favorable planting conditions after soil replacement and final grading of the soil surface for seeding and planting.

 (b)  Revegetation of disturbed areas shall be coordinated with the soil replacement so that a minimum amount of time exists between the time soil is replaced and revegetation is completed.

 (c)  The periods for favorable planting of permanent herbaceous species are as follows:

   (1)  The spring planting season shall begin as early as soil conditions permit and shall terminate no later than May 30.

   (2)  The late summer planting season shall begin August 10 and shall terminate no later than September 15.

 (d)  The period for favorable planting of permanent woody species shall begin as early as soil conditions permit and shall terminate no later than May 20.

 (e)  When necessary to control erosion, revegetation shall be required immediately following backfilling and final grading regardless of periods for favorable planting. Revegetation of a temporary cover of small grains, grasses or legumes shall be required until a permanent cover is established. Revegetation under these circumstances shall be accomplished without regard to specified periods for favorable planting.

   The provisions of this §  88.122 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92581).

 The use of introduced species in the revegetation process may be approved by the Department under the following conditions:

   (1)  The species have been proven acceptable through field trials to be capable of providing permanent vegetation and are desirable and necessary to achieve the approved postmining land use.

   (2)  The species are necessary to achieve a quick, temporary and stabilizing cover that aids in controlling erosion.

   (3)  The species are compatible with the plant and animal species of the region.

   (4)  The species meet the requirements of applicable State and Federal seed or introduced species statutes and are not poisonous or noxious.

   The provisions of this §  88.123 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Legume seed shall be inoculated or treated with the specific inoculant for that seed and the seed shall be seeded within 24 hours after treatment.

 (b)  Legume seed of birdsfoot trefoil and crownvetch shall contain at least 25% hard seed. All other legume species shall contain the highest possible percentage of hard seed.

 (c)  The species and rate of application of each species used in a seed mixture shall be indicated in the revegetation plan of the permit application.

 (d)  A schedule for revegetation of species shall be indicated with the information requested in the revegetation plan, and the schedule shall indicate the seed mixture and the time or season of the year when the seed mixture will be used.

   The provisions of this §  88.124 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted.

 (b)  When the approved postmining land use is wildlife habitat, unless alternate plans are approved or required by the Department, a minimum of 75% of the land affected shall be planted with a mixture of woody plant species. Woody plants shall include deciduous and coniferous tree species and shrub species which provide a diverse plant community.

   The provisions of this §  88.125 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92582) and (95889).

 (a)  The soil surface shall be prepared by disking or harrowing, unless soil conditions or steep slopes prohibit this practice.

 (b)  When disking or harrowing is not possible, the soil surface shall be scarified by any mechanical method which will loosen the surface material. Scarification will not be required if seeding is done immediately following final grading when the soil is still loose.

   The provisions of this §  88.126 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Mulch shall be applied to all regraded affected land, except permitted by the Department may waive the requirements for mulch under the following conditions:

   (1)  When seeding can be accomplished using a conventional agricultural farm drill.

   (2)  When the approved postmining land use is for agricultural row crops.

   (3)  When annual grasses or small grains will be seeded immediately following final grading resulting in a quick vegetative cover which will provide adequate soil erosion control.

   (4)  When the permittee can demonstrate that alternative procedures will achieve the standards for revegetation success.

 (b)  Mulches shall be mechanically or chemically anchored to the soil surface.

   The provisions of this §  88.127 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95889) to (95890).

 The permittee shall assume responsibility for successful revegetation for a minimum of 5 full consecutive years after initial planting and the standard for success has been met for 2 consecutive years.

   The provisions of this §  88.128 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The standards for successful revegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The standards for successful revegetation of pastureland shall be determined by ground cover.

 (b)  The approved standard shall be a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover of permanent plant species. When woody species are planted in mixture with herbaceous species, the above standards shall be met and 400 woody plants per acre shall be established except:

   (1)  On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.

   (2)  When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 living commercial trees per acre.

   (3)  When the approved postmining land use is wildlife habitat, the requirements of §  88.125(b) (relating to revegetation: tree and shrub species and seedling standards) shall apply and the areas approved for planting of woody species shall have a minimum of 400 woody plants per acre.

 (c)  For purposes of measuring the stocking standards for woody species, the following apply:

   (1)  Root crown or root sprouts over 1 foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem shall be counted.

   (2)  A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least two growing seasons and is alive and healthy with at least 1/3 of its length in live crown.

 (d)  For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.

 (e)  When the approved postmining land use is cropland, the approved standard shall be the average yields per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Soil Conservation Service. The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last two consecutive growing seasons of the extended period of responsibility established in §  86.151 (relating to period of liability). Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.

 (f)  Standards for determining success of restoration on prime farmlands soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Soil Conservation Service.

   (1)  If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the United States Secretary of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:

     (i)   Average annual crop production shall be determined based upon a minimum of 3 years’ data. Crop production shall be measured for the 3 years immediately prior to release of bonding according to Chapter 86 Subchapter F (relating to bonding and insurance requirements).

     (ii)   Adjustments for weather-induced variability in the annual crop production may be permitted by the Department.

     (iii)   Restoration of prime farmland shall be considered a success when the adjusted 3-year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.

   (2)  If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of subsection (b). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodibility, moisture holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.

 (g)  In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under §  88.32 (relating to prime farmland investigation).

   The provisions of this §  88.129 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92584) to (92585).

 (a)  The techniques proposed to be used by the surface mine permittee shall be specified on the revegetation plan.

 (b)  The permittee shall conduct periodic measurements of vegetation to identify conditions during the applicable periods of responsibilities specified. The permittee shall report the findings of these measurements to the Department.

   The provisions of this §  88.130 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95892) to (95893).

 (a)  Operations that are temporarily ceased but are to be resumed under the permit, shall be effectively secured. Temporary abandonment, including such factors as equipment removal from the site for reasons of security or maintenance, does not relieve the operator of the obligations to comply with any provision of the permit. Temporary cessation of an operation may not exceed 90 days unless approved by the Department.

 (b)  As soon as it is known that the operation will temporarily cease for more than 30 days, the operator shall submit a notice of intention to temporarily cease the operation. The notice shall include a statement of the exact number of acres which will have been affected in the permit area, the extent and kind of reclamation of those areas, and identification of the backfilling, regrading, revegetation, monitoring and water treatment activities that will continue during the temporary cessation.

   The provisions of this §  88.131 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not required for monitoring, unless approved by the Department as suitable for the postmining land use, shall be removed and the affected land reclaimed.

   The provisions of this §  88.132 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before mining, or to higher or better uses achievable under criteria and procedures of this section and prior to the release of land from the permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).

 (b)  The premining use of land to which the postmining land use is compared shall be determined by the following:

   (1)  The postmining land use for land that has not been previously mined and has been properly managed shall be judged on the basis of uses which the land previously supported.

   (2)  The postmining land use for land that has been previously mined and not reclaimed shall be judged on the basis of the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.

 (c)  Alternative land uses will be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining the following criteria have been met:

   (1)  The proposed postmining land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the surface mining activities.

   (2)  The owner of the surface requests in a notarized written statement that the alternative land use be approved.

   (3)  The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:

     (i)   Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before surface mining activities begin.

     (ii)   Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans shall result in successful reclamation.

   (4)  The proposed use will neither pose an actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.

   (5)  The use will not involve unreasonable delays in reclamation or implementation.

   (6)  Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before surface mining activities begin.

   The provisions of this §  88.133 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207072) to (207074).

 (a)  Each person who conducts surface mining activities shall comply with this chapter and all applicable State and Federal laws in the storage, handling and use of explosives.

 (b)  Blasts that use more than 5 pounds of explosive or blasting agents shall be conducted according to the schedule required by the operation plan of this subchapter.

 (c)  All blasting operations shall be conducted by or under the supervision of a competent blaster licensed and operating in compliance with Chapter 210 (relating to blasters’ licenses).

 (d)  All blasting operations shall be conducted in compliance with Chapters 209 and 211 (relating to coal mines; and storage, handling and use of explosives).

 (e)  Each person who conducts blasting operations, in connection with surface mining activities, within 500 feet of any active underground mine shall do so in a manner that protects the health and safety of persons working underground, and that prevents any adverse impact upon an active, inactive or abandoned underground mine.

   The provisions of this §  88.134 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92588) to (92589).

 (a)  Blasting shall be conducted between sunrise and sunset, except that mine opening blasting conducted after the second blast for that mine opening may be conducted at any time of day or night as necessary to maintain stability of the mine opening to protect the health and safety of mine workers. For mine opening blasting conducted after the second blast, for that mine opening, the Department may approve ground vibration and airblast limits at a dwelling, public building, school, church or commercial or institutional structure, that are less stringent than those specified in subsection (h) if consented to, in writing, by the structure owner and lessee, if leased to another party.

 (b)  The Department may specify more restrictive time periods, airblast or ground vibration limits, based on public requests or other relevant information, according to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety hazards.

 (c)  Warning and all-clear signals shall be different in pattern, audible within a range of 1/2 mile from the point of the blast, sounded before and after each blast. Each person within the permit area shall be notified of the meaning of the signals through appropriate instructions. These instructions shall be periodically delivered or otherwise communicated in a manner which can be reasonably expected to inform the persons of the meaning of the signals. Each person who conducts blasting incident to surface mining activities shall:

   (1)  Give sufficient warning when a blast is about to be fired, so that a person approaching within 500 feet of the blast area may be warned of the danger and be given ample time to retreat a safe distance from the blast area.

   (2)  Erect signs at least 500 feet from the blast areas reading: ‘‘BLAST AREA—SHUT OFF ALL TWO-WAY RADIOS’’ when electric blasting operations are located near highways or other public ways. The letters of these signs shall be not less than four inches in height on a contrasting background.

   (3)  Place at all entrances to the permit area from public roads or highways conspicuous signs which state ‘‘WARNING! EXPLOSIVES IN USE,’’ which clearly explain the blast warning and all clear signals that are in use and which explain the marking of blasting areas and charged holes within the permit area.

 (d)  Access to an area possibly subject to flyrock from blasting shall be controlled to protect the public and livestock. Access to the area shall be controlled to prevent the presence of livestock or unauthorized personnel during blasting and until an authorized representative of the person who conducts the surface mining activities has reasonably determined:

   (1)  That no unusual circumstances, such as imminent slides or undetonated charges, exist.

   (2)  That access to and travel in or through the area can be safety resumed.

 (e)  In all blasting operations, a scaled distance of 50 or numerically greater may be used to determine the maximum charge weight per delay interval of 8 milliseconds or greater without the use of seismic instrumentation.

 (f)  Blasting operations must meet the following requirements:

   (1)  Public highways and entrances to the operation shall be barricaded and guarded by the operator if the highways and entrances to the operations are located within 800 feet of a point where a blast is about to be fired. The operator may use an alternative measure to this requirement if the operator demonstrates, to the Department’s satisfaction, that the alternative measure is at least as effective at protecting persons and property from the adverse affects of a blast. Alternative measures are measures such as:

     (i)   Slowing or stopping traffic in coordination with appropriate State or local authorities, including local police.

     (ii)   Using mats to suppress fly rock.

     (iii)   Designing the blast to prevent damage or injury to persons and property located on the public highways or at the operation’s entrances by using design elements such as:

       (A)   Orienting the blast so that the direction of relief is away from public highways or operation entrances.

       (B)   Adjusting blast design parameters including:

         (I)   The diameter of holes.

         (II)   The number of rows.

         (III)   The number of holes.

         (IV)   The amount and type of explosive.

         (V)   The burden and spacing.

         (VI)   The amount and type of stemming.

         (VII)   The powder factor.

   (2)  When a blast is about to be fired within 200 feet of a pipeline, the operator shall exercise necessary caution for the protection of the pipeline. The operator shall notify the owner of the line of his intention to blast, giving a description of the precautionary measures that will be taken under §  211.62 (relating to blasting in the vicinity of utility lines).

   (3)  No blasting may be done within the confines of an area of 300 feet of a public building or occupied dwelling unless prior written consent of the property owner has been obtained.

   (4)  Flyrock, including blasted material traveling along the ground, may not be cast from the blasting vicinity more than 1/2 the distance to the nearest dwelling or other occupied structure and in no case beyond the line of property owned or leased by the permittee, or beyond the area of regulated access required under subsection (d).

   (5)  Notwithstanding other regulations, no blasting, whether of overburden or of coal, may be done or performed in a manner and under such circumstances or conditions that eject debris into the air, as to constitute a hazard or danger or do harm or damage to persons or property in the area of the blasting.

 (g)  Blasting shall be conducted in a manner to prevent injury to persons, damage to public or private property outside the permit area, adverse impacts on any underground mine, or availability of groundwaters or surface waters and shall be prohibited in all cases where the effect of the blasting is liable to change the course or channel of any strea

 (h)  In all blasting operations, the blasts shall be designed and conducted in a manner that achieves either a scaled distance of 90 or meets the maximum allowable peak particle velocity as indicated by Figure 1 at the location of any dwelling, public building, school, church or commercial or institutional building. Peak particle velocities shall be recorded in three mutually perpendicular directions—longitudinal, transverse and vertical. The maximum peak particle velocity shall be the largest of any of three measurements. The Department may reduce the maximum peak particle velocity allowed, if it determines that a lower standard is required because of density of population or land use, age or type of structure, geology or hydrology of the area, frequency of blasts or other factors. The airblast level may not exceed 133 dBL.

 (i)  The maximum peak particle velocity and airblast limitations of this section do not apply at the following locations:

   (1)  At structures owned by the person conducting the mining activity, and not leased to another party.

   (2)  At structures owned by the person conducting the mining activity, and leased to another party, if a written waiver by the lessee is submitted to the Department prior to the blasting.

 (j)  Where seismographs are not used to monitor peak velocity, the maximum weight of explosives to be detonated within any 8 millisecond period may be determined by formula W = (D/50²) where W = the maximum weight of explosives, in pounds, that can be detonated in any 8 millisecond period, or greater and D = the distance, in feet, from the blast to the nearest dwelling, school, church or commercial institutional building.

 (k)  Where a seismograph is used to monitor the peak particle velocity a seismograph record shall be obtained for each blast.

 (l)  The Department may require a seismograph record of any blasts and may specify the location at which the measurements are taken.

   The provisions of this §  88.135 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b); section 11 of the Noncoal Surface Mining Conservaton and Reclamation Act (52 P. S. §  3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-17 and 510-20).

   The provisions of this §  88.135 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (281206) and (244185) to (244186).

 (a)  When a surface mine is operating within 500 feet of an active deep mine, the surface mine operators shall notify the surface mine inspector in advance of his intention to blast. The surface mine inspector shall, in turn, notify the deep mine inspector and together they shall instruct both the surface mine operator and the deep mine operator as to procedure.

 (b)  Prior to blasting, the surface mine operator shall give sufficient advance notice to the deep mine operator, superintendent or mine foreman of his intention to blast.

 (c)  The deep mine operator, superintendent or mine foreman shall remove all workmen from the mine. The surface mine operator shall ascertain that all workmen have been removed from the mine before preparations for blasting may begin.

 (d)  When there is a known or suspected connection between the deep mine and the surface mine, the operator, superintendent or mine foreman of the deep mine shall, after the blast, make or cause to be made sufficient tests to insure the absence of carbon monoxide or other harmful gases before allowing workmen to reenter the mine.

 (e)  The deep mine operator, superintendent or mine foreman shall make or cause to be made sufficient examinations of the deep mine to determine whether any other danger exists before allowing workmen to reenter the mine, just as other preshift examinations are made.

   The provisions of this §  88.136 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92592) to (92593).

 A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Department and the public on request. Seismographic reports, if applicable, must be made a part of that record. The record must contain the following data:

   (1)  The name of the operator conducting the blast.

   (2)  The location, date and time of blast.

   (3)  The name, signature and license number of blaster-in-charge.

   (4)  The identification of and the direction and distance, in feet, to the nearest dwelling, school, church or commercial or institutional building if it is one of the following:

     (i)   Not located in the permit area.

     (ii)   Not owned nor leased by the person who conducts the surface mining activities.

   (5)  Weather conditions, including temperatures, wind direction and approximate velocity.

   (6)  The type of material blasted.

   (7)  The number of holes, burdens and spacing.

   (8)  The diameter and depth of holes.

   (9)  The types of explosives used.

   (10)  The scaled distance.

   (11)  The total weight of explosives used.

   (12)  The maximum weight of explosives detonated per delay interval.

   (13)  The maximum number of holes detonated per delay interval.

   (14)  The initiation system.

   (15)  The type and length of stemming.

   (16)  The mats or other protections used.

   (17)  The type of delay detonator and delay periods used.

   (18)  The arrangement of the delay pattern.

   (19)  The seismograph records, when required, including the calibration signal of the gain setting and the following:

     (i)   A seismograph reading, including exact location of seismograph and its distance from the blast.

     (ii)   The name of the person taking the seismograph reading.

     (iii)   The name of the person and firm analyzing the seismographic record.

   The provisions of this §  88.137 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §  3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § §  510-17 and 510-20).

   The provisions of this §  88.137 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial pages (288893) to (288894).

 (a)  Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding; and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with §  88.144 (relating to haul roads and access roads: restoration) unless retention of the road is approved as part of the postmining land use.

 (b)  The haul road may not be located in or within 100 feet (30.48 meters) of a perennial or intermittent stream except in accordance with §  86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (c)  Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by §  88.96 (relating to hydrologic balance: sediment control measures).

 (d)  Roads shall be constructed on stable areas that avoid wet or unstable soils.

 (e)  Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.

 (f)  Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.

 (g)  Acid-forming or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a road refuse disposal or reprocessing area and the effluent meets the requirements of §  88.92 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.138 amended under 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).

   The provisions of this §  88.138 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2686. Immediately preceding text appears at serial pages (244188) to (244189).

 Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with §  88.133 (relating to postmining land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:

   (1)  The road shall be physically closed to vehicular traffic.

   (2)  The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.

   (3)  All bridges and culverts shall be removed.

   (4)  Cross drains, dikes and water bars shall be constructed to minimize erosion.

   (5)  All disturbed areas shall be revegetated in accordance with §  88.122 (relating to revegetation: timing).

   (6)  All excess material and debris shall be disposed of in a manner approved by the Department.

   The provisions of this §  88.144 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207080) to (207081).

 (a)  Operators using common use roads to service their permit areas shall be responsible for maintaining the roads in a stable and safe condition throughout the life of the permit.

 (b)  Common use roads may not require bonding or restoration by the operator, however, the bond on the permit area shall not be released until the haul road is left in a condition equal to the condition of the road before operations began.

   The provisions of this §  88.150 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95904) and (92599).

   This section cited in 25 Pa. Code §  88.381 (relating to general requirements).

Subchapter C. ANTHRACITE BANK REMOVAL AND
RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION
PERFORMANCE STANDARDS

Sec.

 A person who conducts bank removal and reclamation surface mining activities shall comply with the performance standards and design requirements of this subchapter.

 (a)  A person who conducts bank removal activities shall identify the operation for the duration of the bank removal activities by posting and maintaining a sign which will be clearly visible at the junction of each activity used haul road and public road. The sign shall be constructed of the durable weather resistant material at a minimum size of 2 feet by 3 feet with a light background and contrasting letters and numbers of a minimum height of 1 1/2 inches that can be easily seen and read. The sign shall show the name, business address and telephone number of the person who conducts the bank removal and reclamation activities and the identification number of the current permit authorizing bank removal and reclamation activities.

 (b)  Groundwater and surface water monitoring locations and sampling points used to obtain background information shall be clearly marked and identified. The identification of monitoring locations and sampling points shall correspond with the identification used in the permit application. Markers used to identify monitoring locations shall be made of durable material. The Department may waive marking requirements in cases where the monitoring location or sampling point is obvious or where marking would be objectionable for aesthetic reasons.

   The provisions of this §  88.182 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).

 The best nontoxic and vegetation-supporting material, whenever available from the operation, shall be removed, conserved and redistributed for the final surface.

   The provisions of this §  88.183 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Prior to seeding and planting soil tests shall be made on the final surface using standard methods approved by the Department. Results of soil tests shall be reported to the Department.

 (a)  Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the vegetation requirements of § §  88.209—88.218.

 (b)  Agricultural lime or limestone used for neutralizing soil acidity shall be of sufficient fineness so that a minimum of 95% will pass through a 20-mesh sieve and shall contain sufficient calcium and magnesium to be equivalent to not less than 89% calcium carbonate. An alternate material of equivalent neutralizing effect may be employed.

 (c)  The use of fly ash and sewage sludge as soil amendments may be approved by the Department if demonstrated to be a suitable soil amendment and meet the requirements of Subpart D, Articles VIII and IX (relating to municipal waste; and residual waste management).

 (a)  Bank removal and reclamation activities shall be planned and conducted to maximize the abatement of water pollution and reclamation of the land.

 (b)  Changes in water quantity and in the location of surface water drainage channels shall be minimized so that the approved postmining land use of the permit area is not adversely affected.

 (c)  Every effort shall be made to develop operations in a manner that will eliminate discharge to surface waters from the disturbed portion of the permit area before vegetation is accomplished.

 (d)  In no case may the treatment requirements and effluent limitations established under §  88.187 (relating to hydrologic balance: effluent standards) be violated.

 (e)  Each person who conducts surface mining activities shall conduct the mining and reclamation operation to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under §  88.187 are achieved and maintained.

 (a)  Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).

Group A

	30-day	Daily	Instantaneous
Parameter	Average	Maximum	Maximum
iron (total)	3.0 mg/l	6.0 mg/l	7.0 mg/l
manganese (total)	2.0 mg/l	4.0 mg/l	5.0 mg/l
suspended solids	35 mg/l	70 mg/l	90 mg/l
pH 1		greater than 6.0; less than 9.0
alkalinity greater than acidity 1
1 The parameter is applicable at all times.

Group B

	Instantaneous
Parameter	Maximum
iron (total)	7.0 mg/l
settleable solids	0.5 ml/l
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

Group C

	Instantaneous
Parameter	Maximum
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

 (b)  Effluent limitations and precipitation exemptions. The effluent limitations and precipitation exemptions are as follows:

   (1)  The discharges specified in this subsection shall comply with the effluent limitations in this section:

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  88.188 (relating to hydrologic balance: precipitation event exemption).

 (c)  Exceptions to effluent limitations. Exceptions to effluent limitations are as follows:

   (1)  The pH of discharges shall be maintained between 6.0 and 9.0, except in the following circumstances:

     (i)   Where the wastes are discharged to an acid stream, in which cases the pH may be greater than 9.0.

     (ii)   Where the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act (33 U.S.C.A. § §  1251—1376) the Department may grant a variance from the limitation.

   (2)  When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/l, the manganese limitation does not apply.

 (d)  Single facilities used for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge.

 (e)  Postmining pollutional discharges.

   (1)  If a postmining pollutional discharge occurs, the discharger shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsection (c), (d) or (f). The discharger shall also take whatever measures are necessary and available to abate the discharge, including modifying the operation and reclamation plan for the mining activity.

   (2)  If the discharge continues to exist, after implementation of the abatement measures required under paragraph (1), the discharger shall make provisions for sound future treatment of the discharge to achieve the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (c) or (f). If the untreated discharge can be adequately treated using a passive treatment system, paragraph (3) applies in lieu of the Group A effluent requirements of subsection (a). Discharges which can be adequately treated using a passive treatment system include, but are not limited to:

     (i)   Discharges with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity.

     (ii)   Discharges with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute.

     (iii)   Discharges with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity.

   (3)  A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements:

     (i)   The system shall reduce the iron concentration by at least 90% or by that percentage necessary to achieve the Group A effluent requirements in subsection (a), whichever percentage is less.

     (ii)   The system shall produce an effluent alkalinity which exceeds effluent acidity.

   (4)  In addition to achieving the effluent requirements of paragraphs (2) and (3), the passive treatment system shall be designed and constructed to accomplish the following:

     (i)   Prevent discharge of mine drainage into the groundwater.

     (ii)   Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system.

     (iii)   Hydraulically handle the highest average monthly flow rate which occurs during a 12-month period.

     (iv)   Have inlet and outlet structures which will allow for flow measurement and water sampling.

     (v)   Prevent to the maximum extent practicable physical damage, and associated loss of effectiveness, due to wildlife and vandalism.

     (vi)   Be of a capacity so that it will operate effectively and achieve the required effluent quality for 15 to 25 years before needing to be replaced.

   (5)  The passive treatment system shall be designed by, and constructed under the supervision of, a qualified professional knowledgeable in the subject of passive treatment of mine drainage.

 (f)  In addition to the requirements of subsections (a)—(e), the discharge of water from areas disturbed by mining activities shall comply with Chapters 91—93, 95, 97 (reserved) and 102.

   The provisions of this §  88.187 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).

   The provisions of this §  88.187 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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; amended November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (237176) to (237179).

 (a)  To establish the alternative effluent limitations of Group B or C in §  88.187(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitation event has occurred, under the procedures in this section.

   (1)  The occurrence of a precipitation event greater than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (b)—(d) for each discharge that exceeds the effluent limits specified in §  88.187, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a greater than 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitation enumerated as Group C in §  88.187(a).

   (2)  The occurrence of a precipitation event equal to or less than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (c) and (d) for each discharge that exceeds the effluent limits specified in §  88.187, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a precipitation event equal to or less than a 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitations of Group B in §  88.187(a).

 (b)  The 10-year, 24-hour precipitation event for specific areas in this Commonwealth are listed as follows:

 (c)  For the permittee to demonstrate that the event listed in subsection (b) has for his mine area been exceeded, or that dry weather flow conditions did not exist, the permittee shall do one of the following:

   (1)  Collect 24-hour rainfall information from official United States Weather Bureau Stations within a 25-mile distance (radius) of the site.

   (2)  Calculate the estimated rainfall event for the site, by appropriate interpolation of the data collected under paragraph (1). Appropriate interpolation shall be accomplished by:

     (i)   Construction of an isohyetal map in accordance with the guidelines established by the Department.

     (ii)   Linear interpolation between the isohytes.

   (3)  Prepare a verified copy of the chart or readout from a Department-approved flow measuring device which continuously records the influent to the permitted treatment facility. The device shall be approved by the Department in writing prior to the event for which the exemption is sought and shall be secure to prevent tampering and acts of third parties.

   (4)  Prepare an analysis identifying the runoff area tributary to the treatment facility and compare the actual runoff as measured and depicted by the flow measuring device with the runoff expected from the 10-year, 24-hour precipitation event specified for the mine area in subsection (b).

   (5)  Develop alternative documentation or data concerning the precipitation event. The method or system for developing the documentation or data shall be approved in writing prior to the occurrence of the event for which the exemption is being sought, and shall guarantee the integrity of the information collected.

 (d)  When the discharge from the site exceeds any effluent limit in the permit, the permittee shall notify the Department within 5 days of the occurrence of the event that he is applying for an exemption from that limit and shall within 30 days thereafter provide the following to the Department:

   (1)  The data required by subsection (c).

   (2)  A showing that the facility from which the discharge occurred was designed, maintained and operated during and prior to the event to accommodate or treat a 10-year, 24-hour precipitation event.

 (e)  The permittee is not entitled to claim a greater than 10-year, 24-hour precipitation event storm exemption unless the permittee has complied with subsections (c) and (d).

 (f)  Nothing in this section authorizes the Department to grant an exemption for a discharge which the Department finds may have caused or contributed to a violation of general or specific water quality criteria in Chapter 93 (relating to water quality standards).

   The provisions of this §  88.188 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148806) to (148808).

 Diversion of flow from perennial and intermittent streams shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (a)  Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion.

 (b)  Diversions shall be designed, constructed and maintained using current engineering practices to pass safely the peaks runoff from a precipitation event with a 2-year recurrence interval for temporary diversions and 10-year recurrence interval for permanent diversion. If necessary to protect public health and safety or prevent pollution, a larger event shall be used.

 (c)  All soil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the diversion.

 (d)  Any diversion shall be vegetated or otherwise stabilized to prevent erosion or contributions of sediment to stream or runoff outside the affected area. Asphalt, concrete or other similar lining shall only be used when approved by the Department. Riprap shall be nondegradable, nonacid or nontoxic-forming rock that will not slake and will be free of coal, clay or shale.

 (e)  No diversion may be located so as to increase the potential for landslides or other offsite damage.

 (f)  Excess material shall be placed in the backfilling, or at an excess spoil disposal area.

 (g)  When no longer needed, the diversion shall be regraded to blend with the natural contours and drainage pattern, and revegetated in accordance with requirements of this subchapter.

   The provisions of this §  88.190 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92606) to (99157).

 Appropriate sediment control measures shall be designed, constructed and maintained to:

   (1)  Prevent, to the extent possible, contributions of sediment to streamflow or to runoff outside the permit.

   (2)  Meet treatment and effluent limitations of §  88.187 (relating to hydrologic balance: effluent standards).

   (3)  Minimize erosion to the extent possible.

   (4)  Meet the requirements of Chapter 102 (relating to erosion and sediment control).

   The provisions of this §  88.191 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (237182) to (237183).

 (a)  At a minimum, facilities and measures for treating discharges from disturbed areas shall be designed, constructed and maintained to treat the runoff from a 10-year, 24-hour precipitation event and any groundwater contribution.

 (b)  Facilities and measures for treating any discharges shall be based on good engineering design and shall include automatic neutralization processes. The Department may approve a manual neutralization system if the Department finds that:

   (1)  Small and infrequent treatment is needed to meet effluent limitations.

   (2)  Timely and consistent treatment is ensured.

 (c)  The design, construction and maintenance of a treatment facility shall not relieve an operator of his responsibility for complying with effluent standards as provided for in §  88.187 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.192 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (99157) to (99158).

 (a)  Containment within the disturbed area or closed systems by utilization of collection ponds or collection areas located to facilitate the operations shall generally be the desired method of sediment control.

 (b)  The ponds or collection areas shall be capable of treating the runoff. Runoff shall be calculated using the Soil Conservation Service methods.

 (c)  Ponds or collection areas shall be cleaned to provide the required capacity.

 (d)  Existing ponds or collection areas may not be eliminated before replacements are installed.

 (a)  All surface drainage from the disturbed area, including areas which have been graded, seeded or planted, shall be passed through sediment ponds, unless the applicant can show that all runoff can be contained within the disturbed area.

 (b)  If sedimentation ponds are utilized, they shall be constructed before any disturbance of any area to be drained into the pond. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams, unless approved by the Department. They shall be maintained until the disturbed area has been restored and the vegetation requirements have been met. The ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).

 (c)  When possible, the discharge from a sedimentation basin shall be to a natural waterway and located to avoid additional contact with acid-forming and toxic-forming material.

 (d)  Sedimentation ponds shall be structurally sound and at a minimum meet the requirements of §  88.197 (relating to hydrologic balance: ponds, embankments and impoundments—design, construction and maintenance).

 Discharge from ponds, embankments, impoundments and diversions shall be controlled, by energy dissipators, riprap channels or other devices, where necessary, to reduce erosion, to prevent deepening or enlargement of stream channels, and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

 Permanent impoundments may be authorized by the Department, upon the basis of the following demonstrations:

   (1)  The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established under §  88.187 (relating to hydrologic balance: effluent standards).

   (2)  The level of water shall be sufficiently stable to support the intended use.

   (3)  Adequate safety and access to the impounded water shall be provided for proposed water users.

   (4)  Water impounded will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.

   (5)  The design, construction and maintenance of structures shall achieve the minimum requirements are required by §  88.197 (relating to hydrologic balance: ponds, embankments and impoundments—design, construction and maintenance).

   (6)  The size of the impoundment shall be adequate for its intended purposes.

 (a)  Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and maintained in accordance with Chapter 105.

 (b)  The design, construction and maintenance of dams, ponds, embankments and impoundments that are not of the class of subsection (a) shall achieve the minimum design criteria contained in United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standards 350 ‘‘Sediment Basin’’ and Standard 378, ‘‘Pond,’’ as amended. In addition to the requirements in ‘‘Sediment Basin,’’ a minimum static safety factor of 1.3 is required.

   The provisions of this §  88.197 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).

   The provisions of this §  88.197 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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 page (199114).

 A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the criteria established by Chapter 105 (relating to dam safety and waterway management) and the United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, and Standard 378 ‘‘Pond,’’ as applicable.

 At the completion of bank removal and reclamation activities, the person who conducts the bank removal and reclamation activities shall renovate all permanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.

 Surface water or groundwater from bank removal activities may not be piped or channeled to underground mine workings.

 (a)  Groundwater levels, subsurface flow and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of bank removal and reclamation activities on the reclaimed lands and on the quantity and quality of water in groundwater systems in the permit and adjacent areas.

 (b)  When bank removal and reclamation activities may affect the groundwater systems which serve as aquifers which ensure the hydrologic balance of water use on or off the permit area, groundwater levels and groundwater quality shall be monitored. Monitoring shall include measurements from a sufficient number of sources and chemical analyses of water from aquifers that are adequate to reflect changes in groundwater quality and quantity resulting from those activities. Monitoring shall be adequate to plan for modification of coal refuse disposal activities, if necessary, to minimize disturbance of the prevailing hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total manganese, sulfates and water levels shall be monitored and reported to the Department at least every 3 months for each monitoring location.

 (c)  The Department may require the operator to conduct additional hydrologic tests, including but not limited to, drilling, infiltration tests, aquifer tests, chemical and mineralogic analyses of overburden and spoil to demonstrate compliance with this section.

 (d)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.201 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).

 (a)  In addition to the monitoring and reporting requirements established by the Department under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored to measure and record accurately the water quantity and quality of the discharges from the permit area and the effect of the discharge on the receiving waters. Surface water shall be monitored for parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in §  88.49 (relating to protection of hydrologic balance). At a minimum, total dissolved solids or specific conductance corrected to 25°C, total suspended solids, pH, acidity, alkalinity, total iron, total manganese, sulfates and flow shall be monitored and reported to the Department every 3 months for each monitoring location.

 (b)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.202 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).

 (a)  The applicant shall demonstrate that the bank reject material can be placed and graded to AOCs or an approved alternate design plan, which will conform to adjacent topography and be free of any polluting hazards.

 (b)  Bank reject material shall be disposed of in such a manner that the area, as it is being backfilled, is free of voids and depressions within the dictates of sound engineering.

 Bank removal and reclamation activities may not be conducted in close proximity to any point of an active underground mine, to the extent that the bank removal activities could be declared a nuisance or a danger to the health, safety and welfare of persons within an active underground mine. All bank removal and reclamation activities shall be conducted in compliance with the Pennsylvania Anthracite Coal Mine Act (52 P. S. § §  70-101—70-145).

   The provisions of this §  88.204 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 Air pollution control measures shall be planned and employed as an integral part of the site preparation, and bank removal and reclamation operation shall meet the following requirements:

   (1)  If processing facilities are to be used at the mining site, the facilities shall meet the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources).

   (2)  Fugitive dust control measures shall demonstrate compliance with Chapters 121, 123, 127 and 129.

 (a)  Unless the reclamation plan provides for grading to AOCs it shall contain a full explanation of the conditions which do not permit contouring and it shall provide for terracing or grading to the extent that the steepest contour may not be greater than 35 degrees from the horizontal, with the table portion of the restored area a flat terrace without depressions to hold water and with adequate provision for drainage, unless otherwise approved by the Department.

 (b)  Grading material shall be placed to minimize adverse affects on groundwater, minimize offsite effects and to support the approved postmining land use.

 The Department may approve alternatives to contouring or terracing when the land is proposed to be made suitable, after bank removal and reclamation, for planned or designated industrial, commercial, agricultural, residential, recreational or public use, provided the other applicable requirements of this chapter are met.

 All final grading shall be done to minimize subsequent erosion and instability. If grading, preparation or placement along the contour is hazardous to equipment operators, the grading, preparation or placement in a direction other than generally parallel to the contour may be used. In all cases, grading, preparation or placement shall be conducted in a manner to minimize slippage.

 (a)  Vegetation shall be established on all land affected by bank removal and reclamation activities.

 (b)  Seeding and planting shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the vegetation process when desirable and necessary to achieve the approved postmining land use plan. For areas previously disturbed by surface mining activities that were not reclaimed to the standards of SMCRA and this chapter, and are proposed to be reaffected or redisturbed, the Department may approve a vegetative cover which, at a minimum, may not be less than the vegetative cover existing before redisturbance and shall be adequate to control erosion and achieve the approved postmining land use.

 (c)  Seeding and planting shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

 (d)  Seeding and planting shall be completed in accordance with the reclamation plan of the permit application as approved by the Department.

 (e)  Vegetation shall be consistent with and support the approved postmining land use as specified in the permit application.

   The provisions of this §  88.209 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2215. Immediately preceding text appears at serial page (207099).

 (a)  Seeding and planting of disturbed areas shall be performed no later than the first normal period for favorable planting conditions after soil or suitable material replacement and final grading of the soil surface.

 (b)  Seeding and planting of disturbed areas shall be coordinated with soil replacement so that a minimum amount of time exists between the time that soil or suitable material is replaced and seeding and planting are accomplished.

 (c)  The periods for favorable planting of permanent herbaceous species are as follows:

   (1)  The spring planting season shall begin as early as soil conditions permit and shall terminate no later than May 30.

   (2)  The late summer planting season shall begin August 10 and shall terminate no later than September 15.

 (d)  The period for favorable planting of permanent woody species shall begin as early as soil conditions permit and shall terminate no later than May 20.

 (e)  When necessary to control erosion, revegetation shall be required immediately following backfilling and final grading regardless of periods for favorable planting. Vegetation of a temporary cover of small grains, grasses or legumes shall be required until a permanent cover is established. Vegetation under these circumstances shall be accomplished without regard to specified periods for favorable planting.

   The provisions of this §  88.210 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92614) to (92615).

 The use of introduced species in the vegetation process may be approved by the Department under the following conditions:

   (1)  The species have been proven acceptable through field trials to be capable of providing permanent vegetation and are desirable and necessary to achieve the approved postmining land use.

   (2)  The species are necessary to achieve a quick, temporary and stabilizing cover that aids in controlling erosion; the species shall be compatible with the plant and animal species of the region; and the species meet the requirements of applicable State and Federal seed or introduced species statutes and are not poisonous or noxious.

   The provisions of this §  88.211 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Legume seed shall be inoculated or treated with the specific inoculant for that seed and the seed shall be seeded within 24 hours after treatment.

 (b)  Legume seed of birdsfoot trefoil shall contain at least 25% hard seed. All other legume species shall contain the highest possible percentage of hard seed.

 (c)  The species and rate of application of each species used in a seed mixture shall be indicated in the planting plan.

 (d)  A schedule for revegetation species shall be indicated with the information requested in the planting plan and the schedule shall indicate the seed mixture and the time or season of the year when the seed mixture will be used.

 (e)  A pH test for acidity and a nutrient test shall be made to determine the lime and fertilizer required to produce and sustain a good cover.

 (f)  Other tests may be required by the Department to determine if elements are present which are toxic to plants.

 (g)  All soil sample tests shall be made using standard methods approved by the Department. A copy of the test shall be submitted to the Department.

   The provisions of this §  88.212 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92615) to (92616).

 (a)  A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted.

 (b)  When the approved postmining land use is wildlife habitat, unless alternate plans are approved or required by the Department, a minimum of 75% of the land affected shall be planted with a mixture of woody plant species. Woody plants shall include deciduous and coniferous tree species and shrub species which provide a diverse plant community.

   The provisions of this §  88.213 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92616).

 (a)  The soil surface shall be prepared by disking or harrowing unless soil conditions or steep slopes prohibit such a practice.

 (b)  When disking or harrowing is not possible, the soil surface shall be scarified by any mechanical method which will loosen the surface material. Scarification will not be required if seeding is done immediately following final grading when the soil is still loose.

   The provisions of this §  88.214 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Mulch shall be applied to regraded areas at rates adequate to control erosion, promote germination of seeds and increase the moisture retention of the soil except the Department may waive the requirement for mulch under the following conditions:

   (1)  When seeding can be accomplished using a conventional agricultural farm drill.

   (2)  When the approved postmining land use is for agricultural row crops.

   (3)  When annual grasses or small grains will be seeded immediately following final grading resulting in a quick vegetative cover which will provide adequate soil erosion control.

   (4)  When the permittee can demonstrate that alternative procedures will achieve the standards for vegetation success.

 (b)  Mulches shall be mechanically or chemically anchored to the soil surface.

 (c)  Chemical soil stabilizers may be used alone or in combination with appropriate mulches.

   The provisions of this §  88.215 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95616) and (95905).

 The permittee shall assume responsibility for successful vegetation for 5 consecutive years after initial planting and the standard for success has been met for 2 consecutive years.

   The provisions of this §  88.216 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The standards for successful vegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The standards for successful vegetation of pastureland shall be determined by ground cover.

 (b)  The approved standard shall be a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover of permanent plant species. When woody species are planted in mixture with permanent plant species, the standards in this subsection shall be met, and 400 woody plants per acre shall be established except:

   (1)  On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.

   (2)  When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 living commercial trees per acre.

   (3)  When the approved postmining land use is wildlife habitat, the requirements of §  88.213(b) (relating to vegetation: tree and shrub species and seedling standards) apply and the areas approved for woody plant species shall have a minimum of 400 woody plants per acre.

 (c)  For purposes of measuring the stocking standards for woody species, the following apply:

   (1)  Root crown or root sprouts over 1 foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem shall be counted.

   (2)  A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least two growing seasons and is alive and healthy with at least one-third of its length in live crown.

 (d)  For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.

 (e)  When the approved postmining land use is cropland, the approved standard shall be the average yields per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture Soil Conservation Service. The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last two consecutive growing seasons of the extended period of responsibility established in §  86.151 (relating to period of liability). Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.

 (f)  Standards for determining success of restoration on prime farmlands soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Soil Conservation Service.

   (1)  If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the United States Secretary of the Department of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:

     (i)   The average annual crop production shall be determined based upon a minimum of 3 years of data. Crop production shall be measured for the 3 years immediately prior to release of bonding under Chapter 86 Subchapter F (relating to bonding and insurance requirements).

     (ii)   Adjustment for weather-induced variability in the annual crop production may be permitted by the Department.

     (iii)   Restoration of prime farmland shall be considered a success when the adjusted 3-year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.

   (2)  If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of subsection (b). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodability, moisture holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.

 (g)  In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under §  88.32 (relating to prime farmland investigation).

   The provisions of this §  88.217 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the Pennsylvania Bulletin, 15 Pa.B. 13. Immediately preceding text appears at serial pages (92617) to (92618).

 (a)  The techniques proposed to be used by the surface mine permittee shall be approved by the Department and shall be specified in the planting plan.

 (b)  The permittee shall conduct periodic measurements of vegetation to identify conditions during the applicable periods of responsibilities. The permittee shall report the findings of these measurements to the Department.

   The provisions of this §  88.218 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Operations that are temporarily ceased but are to be resumed under the permit, shall be effectively secured. Temporary abandonment, including factors such as equipment removal from the site for reasons of security or maintenance, does not relieve the operator of the obligations to comply with any provision of the permit. Temporary cessation of an operation may not exceed 90 days unless approved by the Department.

 (b)  As soon as it is known that the operation will temporarily cease for more than 30 days, the operator shall submit a notice of intention to temporarily cease the operation. The notice shall include a statement of the exact number of acres which will have been affected in the permit area; the extent and kind of reclamation of those areas; and identification of the backfilling, regrading, revegetation, monitoring and water treatment activities that will continue during the temporary cessation.

 Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not required for monitoring, unless approved by the Department as suitable for the postmining land use, shall be removed and the affected land reclaimed.

 (a)  All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before any mining, or to higher or better uses achievable under criteria and procedures of this section, and prior to the release of land from permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).

 (b)  The premining use of land to which the postmining land use is compared shall be determined by the following:

   (1)  The postmining land use for land that has not been previously mined and has been properly managed shall be judged on the basis of uses which the land previously supported.

   (2)  The postmining land use for land that has been previously mined and not reclaimed shall be judged on the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.

 (c)  Alternative land uses shall be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining the following criteria are met:

   (1)  The proposed postmining land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before surface mining activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the surface mining activities.

   (2)  The owner of the surface requests in a notarized written statement that alternative land use be approved.

   (3)  The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:

     (i)   Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts surface mining activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before surface mining activities begin.

     (ii)   Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.

   (4)  The proposed use will neither pose an actual or potential threat to public health or safety or of water diminution, interruption, contamination or pollution.

   (5)  The use will not involve unreasonable delays in reclamation or implementation.

   (6)  Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department, and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before surface mining activities begin.

   The provisions of this §  88.221 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207105) to (207107).

 (a)  Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding; and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with §  88.237 (relating to haul roads and access roads: restoration) unless retention of the road is approved as part of the postmining land use.

 (b)  The haul road may not be located in or within 100 feet (30.48 meters) of a perennial or intermittent stream except in accordance with §  86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachments or water obstructions shall comply with Chapter 105 (relating to dam safety and waterway management).

 (c)  Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surfaces, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate sediment control measures as required by §  88.191 (relating to hydrologic balance: sediment control measures).

 (d)  Roads shall be constructed on stable areas that avoid wet or unstable soils.

 (e)  Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.

 (f)  Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.

 (g)  Acid-forming or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a coal refuse disposal or reprocessing area and the effluent meets the requirements of §  88.187 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.231 amended under 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).

 Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with §  88.221 (relating to postmining land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:

   (1)  The road shall be physically closed to vehicular traffic.

   (2)  The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.

   (3)  All bridges and culverts shall be removed.

   (4)  Cross drains, dikes and water bars shall be constructed to minimize erosion.

   (5)  All disturbed areas shall be revegetated in accordance with §  88.209 (relating to vegetation: general requirements).

   (6)  All excess material and debris shall be disposed of in a manner approved by the Department.

   The provisions of this §  88.237 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207109) to (207110).

 (a)  Operators using common use roads to service their permit areas shall be responsible for maintaining the roads in a stable and safe condition throughout the life of the permit.

 (b)  Common use roads may not require bonding or restoration by the operator, however, the bond on the permit area shall not be released until the haul road is left in a condition equal to the condition of the road before operations began.

   The provisions of this §  88.243 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92625).

Subchapter D. ANTHRACITE REFUSE DISPOSAL:
MINIMUM ENVIRONMENTAL PROTECTION
PERFORMANCE STANDARDS

Sec.

 A person who conducts coal refuse disposal activities shall comply with the performance standards and design requirements of this subchapter, § §  90.5, 90.49, 90.50 and Chapter 90, Subchapters E—G.

   (1)  Disposal of coal refuse in an active surface mine shall comply with the performance standards in Subchapter B (relating to surface anthracite coal mines: minimum environmental protection performance standards) and §  88.315 (relating to coal refuse disposal: active surface mines).

   (2)  Disposal of coal refuse in an active bank removal operation shall comply with the performance standards of Subchapter C (relating to anthracite bank removal and reclamation: minimum environmental protection performance standards).

   (3)  Disposal of coal refuse in an abandoned or active underground coal mine shall comply with the performance standards in Subchapter F (relating to anthracite underground mines).

 (a)  A person who conducts surface mining activities shall identify the operation for the duration of the surface mining activities by posting and maintaining a sign which will be clearly visible at the junction of each actively used haul road and public road. The sign shall be constructed of a durable weather resistant material at a minimum size of 2 feet by 3 feet with a light background and contrasting letters and numbers of a minimum height of 1 1/2 inch that can be easily seen and read. The sign shall show the name, business address and telephone number of the person who conducts the surface mining activities and the identification number of the current permit authorizing surface mining activities.

 (b)  If blasting is conducted as part of the operation, the person who conducts the refuse disposal activities shall post and maintain the following signs and markers:

   (1)  When electric blasting operations are located near highways or other public ways, signs shall be erected at least 500 feet from the blast areas reading: ‘‘BLAST AREA-SHUT OFF ALL TWO-WAY RADIOS.’’ The letters of these signs may be not less than 4 inches in height on a contrasting background.

   (2)  The premises on which explosives are kept or stored must be conspicuously defined and marked by signs containing the words ‘‘EXPLOSIVES-KEEP OFF’’. These signs may not be placed on magazines, but shall be located so that a bullet passing through the sign will not strike a magazine.

 (c)  Groundwater and surface water monitoring locations and sampling points used to obtain background information shall be clearly marked and identified. The identification of monitoring locations and sampling points shall correspond with the identification used in the permit application. Markers used to identify monitoring locations shall be made of durable material. The Department may waive marking requirements in cases where the monitoring location or sampling point is obvious or where marking would be objectionable for aesthetic reasons.

   The provisions of this §  88.282 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).

 (a)  Each exploration hole, other drill or borehole, well or other exposed underground opening (except for holes solely drilled and used for blasting) shall be sealed, backfilled or otherwise managed, as approved by the Department to:

   (1)  Prevent acid or other toxic drainage from entering groundwaters or surface waters.

   (2)  Minimize disturbance to the prevailing hydrologic balance.

   (3)  Ensure the safety of people, property, livestock, fish and wildlife and machinery in the permit and adjacent areas.

   (4)  Prevent groundwaters and surface water from entering underground mine workings.

 (b)  If these openings are uncovered or exposed by coal refuse disposal activities within the permit area, they shall be permanently closed unless approved for water monitoring, or otherwise managed in a manner approved by the Department.

 (c)  Use of a drilled hole, borehole or monitoring well as a water well shall meet the provisions of §  88.305 (relating to hydrologic balance: groundwater monitoring).

 (d)  Gas and oil wells shall be sealed in accordance with the Oil and Gas Act (58 P. S. § §  601.101—601.605).

 (e)  A solid barrier of undisturbed earth, 125 feet (38.1 meters) in radius shall be maintained around all oil and gas wells, unless one of the following exists:

   (1)  The well is sealed in accordance with subsection (d).

   (2)  The Department approves, in writing, a lesser distance if:

     (i)   Access to the well is provided at all times.

     (ii)   The integrity of the well is maintained.

     (iii)   The measures included in the permit to minimize damage, destruction or disruption of services are implemented.

 (f)  All exploration holes, other drill or boreholes, wells (other than gas or oil wells) and other exposed underground openings which have been identified in the approved permit application for use to return waste to an underground mine as part of an operation approved under this chapter, or to be used to monitor groundwater conditions shall be protected by temporary seals, barricades, fences or other protective devices approved by the Department. These devices shall be periodically inspected and maintained in good operating condition during the coal refuse disposal activities.

   The provisions of this §  88.283 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).

 Drilled holes and boreholes to be used to return coal refuse to abandoned underground workings, and wells to be used to monitor groundwater conditions, shall be temporarily sealed before use and protected during use by barricades or fences, or other protective devices approved by the Department. The devices shall be periodically inspected and maintained in good operating condition by the person who conducts the surface mining activities.

   The provisions of this §  88.284 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).

 Soil, in an amount sufficient to ensure ample material for vegetation, shall be removed, conserved and redistributed for the final surface layer. If soil is unavailable, suitable mine spoil or other materials which will support vegetation shall be conserved and redistributed as the final surface.

   The provisions of this §  88.286 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92630).

 (a)  Available soil, as required by §  88.286 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any refuse disposal.

 (b)  In the event that removal of vegetative matter, soil or other materials may result in erosion which may cause air or water pollution, the size of the area from which soil is removed at any one time shall be limited and such other measures shall be taken as the Department may approve or require to control erosion.

 (c)  If the soil is less than 12 inches in depth, sufficient soil and unconsolidated material immediately below the soil shall be removed to provide a 12-inch layer when redistributed as the final surface.

 (d)  On areas that have been previously affected by mining or refuse disposal activities with no available soil, the spoil material best suited to support vegetation shall be conserved for redistribution as the final surface.

 (a)  Soil and other vegetation-supporting materials shall be redistributed or stockpiled for redistribution.

 (b)  Stockpiled materials shall be selectively placed on a stable area within the permit areas and located where the material, unless approved by the Department, will not be moved until required for redistribution or otherwise disturbed by the refuse disposal activities.

 (c)  Stockpiled material shall be protected from wind and water erosion, unnecessary compaction and contaminants which lessen the capability of the materials to support vegetation when redistributed. Protective measures shall be accomplished by one of the following:

   (1)  Seeding or planting an effective cover of nonnoxious, quick-growing annual or perennial species, or both.

   (2)  Other methods demonstrated to, and approved by, the Department to provide equal protection.

 (a)  Prior to redistribution of soil or other suitable material, the regraded land shall be scarified or otherwise treated as required by the Department to eliminate slippage surfaces and to promote root penetration.

 (b)  Soil and other suitable materials shall be redistributed in a manner that:

   (1)  Achieves an approximate uniform, stable thickness consistent with the approved postmining land uses, contours and surface water drainage system.

   (2)  Prevents excess compaction of the soil and other suitable materials.

   (3)  Protects the soil and other suitable materials from wind and water erosion before and after it is seeded and planted.

   The provisions of this §  88.289 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Nutrients and soil amendments in the amounts determined by soil tests shall be applied to the surface soil layer so that it supports the revegetation requirements of § §  88.322—88.331.

 (b)  All soil tests shall be performed using standard methods approved by the Department. Results of soil tests shall be reported to the Department.

 (c)  Agricultural lime or limestone used for neutralizing soil acidity shall be of sufficient fineness so that a minimum of 95% will pass through a 20 mesh sieve and shall contain sufficient calcium and magnesium to be equivalent to not less than 80% calcium carbonate. An alternate material of equivalent neutralizing effect may be employed.

 (d)  The use of fly ash and sewage sludge as soil amendments may be approved by the Department if demonstrated to be a suitable soil amendment and meets the requirements of Subpart D, Articles VIII and IX (relating to municipal waste; and residual waste management).

 (a)  Coal refuse disposal activities shall be planned and conducted to minimize disturbances to the prevailing hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic balance outside the permit area. The Department may require additional preventive, remedial or monitoring measures to assure that material damage to the hydrologic balance outside the permit area is prevented.

 (b)  Prevent pollution of water and prevent, to the maximum extent possible, changes to water quality and quantity, the depth to groundwater and in the location of surface water drainage channels so that the approved post disposal land use of the permit areas is not adversely affected.

 (c)  The treatment requirements and effluent limitations established under §  88.192 (relating to hydrologic balance: treatment facilities) may not be violated.

 (d)  Each person who conducts surface mining and reclamation activities shall conduct the mining and reclamation operation to prevent water pollution and, if necessary, operate and maintain the necessary water treatment facilities until applicable treatment requirements and effluent limitations established under §  88.192 are achieved and maintained. If these practices are not adequate, the person who conducts bank removal and reclamation activities shall provide the necessary water treatment facilities to obtain the applicable water quality standards.

 (a)  Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).

Group A

	30-day	Daily	Instantaneous
Parameter	Average	Maximum	Maximum
iron (total)	3.0 mg/l	6.0 mg/l	7.0 mg/l
manganese (total)	2.0 mg/l	4.0 mg/l	5.0 mg/l
suspended solids	35 mg/l	70 mg/l	90 mg/l
pH 1		greater than 6.0; less than 9.0
alkalinity greater than acidity 1
1 This parameter is applicable at all times.

Group B

	Instantaneous
Parameter	Maximum
iron (total)	7.0 mg/l
settleable solids	0.5 ml/l
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

Group C

	Instantaneous
Parameter	Maximum
pH	greater than 6.0; less than 9.0
alkalinity greater than acidity

 (b)  Effluent limitations and precipitation exemptions. Effluent limitations and precipitation exemptions include the following:

   (1)  The discharges specified in this subsection shall comply with the effluent limitations in this section.

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  88.293 (relating to hydrologic balance: precipitation event exemption).

 (c)  Exceptions to effluent limitations. Exceptions to effluent limitations include the following:

   (1)  The pH of the discharges shall be maintained between 6.0 and 9.0, except in the following circumstances:

     (i)   Where the wastes are discharges to an acid stream, in which cases the pH may be greater than 9.0.

     (ii)   When the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act (33 U.S.C.A. § §  1251—1376) the Department may grant a variance from this limitation.

   (2)  When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/l, the manganese limitation does not apply.

 (d)  Single facilities used for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge.

 (e)  Postmining pollutional discharges.

   (1)  If a postmining pollutional discharge occurs, the discharger shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (c), (d) or (f). The discharger shall also take whatever measures are necessary and available to abate the discharge, including modifying the operation and reclamation plan for the mining activity.

   (2)  If the discharge continues to exist, after implementation of the abatement measures required under paragraph (1), the discharger shall make provisions for sound future treatment of the discharge to achieve the Group A effluent requirements in subsection (a), including modifications authorized or required under subsection (c) or (f). If the untreated discharge can be adequately treated using a passive treatment system, paragraph (3) applies in lieu of the Group A effluent requirements of subsection (a). Discharges which can be adequately treated using a passive treatment system include, but are not limited to:

     (i)   Discharges with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity.

     (ii)   Discharges with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute.

     (iii)   Discharges with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity.

   (3)  A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements:

     (i)   The system shall reduce the iron concentration by at least 90% or by that percentage necessary to achieve the Group A effluent requirements in subsection (a), whichever percentage is less.

     (ii)   The system shall produce an effluent alkalinity which exceeds effluent acidity.

   (4)  In addition to achieving the effluent requirements of paragraphs (2) and (3), the passive treatment system shall be designed and constructed to accomplish the following:

     (i)   Prevent discharge of mine drainage into the groundwater.

     (ii)   Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system.

     (iii)   Hydraulically handle the highest average monthly flow rate which occurs during a 12-month period.

     (iv)   Have inlet and outlet structures which will allow for flow measurement and water sampling.

     (v)   Prevent to the maximum extent practicable physical damage, and associated loss of effectiveness, due to wildlife and vandalism.

     (vi)   Be of a capacity so that it will operate effectively and achieve the required effluent quality for 15 to 25 years before needing to be replaced.

   (5)  The passive treatment system shall be designed by, and constructed under the supervision of, a qualified professional knowledgeable in the subject of passive treatment of mine drainage.

 (f)  In addition to the requirements of subsections (a)—(e), the discharge of water from areas disturbed by mining activities shall comply with this title, including Chapters 91—93, 95, 97 (reserved) and 102.

   The provisions of this §  88.292 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).

   The provisions of this §  88.292 adopted December 19, 1980, 10 Pa.B. 4789, 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; amended November 14, 1997, effective November 15, 1997, 27 Pa.B. 6041; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (237188) to (237191).

 (a)  To establish the alternative effluent limitations of Group B or C in §  88.292(a) (relating to hydrologic balance: effluent standards), a permittee shall demonstrate to the Department’s satisfaction that a precipitation event has occurred under this section.

   (1)  The occurrence of a precipitation event greater than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (b)—(d) for each discharge that exceeds the effluent limits specified in §  88.292, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a greater than 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitation of Group C in §  88.292(a).

   (2)  The occurrence of a precipitation event equal to or less than a 10-year, 24-hour precipitation event may be demonstrated by meeting the requirements of subsections (c) and (d) for each discharge that exceeds the effluent limits specified in §  88.292, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption will be available under this section. If the permittee demonstrates to the Department’s satisfaction that a precipitation event equal to or less than a 10-year, 24-hour precipitation event has occurred, the permittee shall meet the effluent limitations of Group B in §  88.292(a).

 (b)  The 1-year and 10-year; 24-hour precipitation events for specific areas in this Commonwealth are listed as follows:

 (c)  For the permittee to demonstrate that the event listed in subsection (b) has for his mine area been exceeded, or that dry weather flow conditions did not exist, the permittee shall comply with one of the following:

   (1)  Collect 24-hour rainfall information from official United States Weather Bureau Stations within a 25-mile distance—radius—of the site.

   (2)  Calculate the estimated rainfall event for the site, by appropriate interpolation of the data collected under paragraph (1). Appropriate interpolation shall be accomplished by the following:

     (i)   Preparing a verified copy of the chart or readout from a Department approved flow measuring device which continuously records the influent to the permitted treatment facility. The device shall be approved by the Department in writing prior to the rainfall event for which the exemption is sought and shall be secured to prevent tampering and acts of third parties.

     (ii)   Preparing an analysis identifying the runoff area tributary to the treatment facility, and compare the actual runoff as measured and depicted by the flow measuring device with the runoff expected from the 1-year or 10-year, 24-hour rainfall event specified for the mine area in subsection (b).

   (3)  Develop alternative documentation or data concerning the rainfall event. The method or system for developing the documentation or data shall be approved in writing prior to the occurrence of the rainfall event for which the exemption is being sought, and shall guarantee the integrity of the information collected.

   (4)  Prepare an analysis identifying the runoff area tributary to the treatment facility, and compare the actual runoff as measured and depicted by the flow measuring device with the runoff expected from the 1-year or 10-year, 24-hour rainfall event specified for the mine area in subsection (b).

   (5)  Develop alternative documentation or data concerning the rainfall event. The method or system for developing the documentation or data shall be approved in writing prior to the occurrence of the rainfall event for which the exemption is being sought, and shall guarantee the integrity of the information collected.

 (d)  When the discharge from the site exceeds any effluent limit in the permit, the permittee shall notify the Department, within 5 days of the occurrence of the event, that he is applying for an exemption from that limit and shall within 30 days thereafter provide the following to the Department:

   (1)  The data required by subsection (c).

   (2)  A showing that the facility from which the discharge occurred was designed, maintained and operated during and prior to the event to accommodate or treat a 10-year, 24-hour rainfall.

 (e)  The permittee is not entitled to claim a greater than 1-year or 10-year, 24-hour precipitation event storm exemption unless the permittee has complied with subsections (c) and (d).

 (f)  Nothing in this section authorizes the Department to grant an exemption for a discharge which the Department finds may have caused or contributed to a violation of general or specific water quality criteria in Chapter 93 (relating to water quality standards).

   The provisions of this §  88.293 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148839) to (148841).

 Diversions of flow from perennial and intermittent streams shall meet the requirements of Chapter 105 (relating to dam safety and waterway management).

 (a)  Surface water and shallow groundwater flow from undisturbed areas which will drain into the affected area shall be intercepted and diverted away from the disturbed area by means of diversion.

 (b)  Diversions shall be designed, constructed and maintained using current engineering practices to pass safely the peaks runoff from a precipitation event with a 2-year recurrence interval for temporary diversions and 10-year recurrence interval for permanent diversion. If necessary to protect public health and safety or prevent pollution, a larger event shall be used.

 (c)  All soil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the diversion.

 (d)  Any diversion shall be vegetated or otherwise stabilized to prevent erosion or contributions of sediment to stream or runoff outside the affected area. Asphalt, concrete or other similar lining shall only be used when approved by the Department. Riprap shall be nondegradable, nonacid or toxic-forming rock that will not slake and will be free of coal, clay or shale.

 (e)  A diversion may not be located in a manner that increases the potential for landslides or other offsite damage.

 (f)  Excess material shall be placed in the backfilling, or at an excess spoil disposal area.

 (g)  When no longer needed, the diversion shall be regraded to blend with the natural contours and drainage pattern, and revegetated in accordance with the requirements of this subchapter.

 (h)  Diversions may not be constructed or operated to divert water into underground mines without the approval of the Department. Such discharges must meet the requirements of this chapter.

 (i)  Diversions shall not be constructed or operated to divert water into underground mines without the approval of the Department.

 Appropriate sediment control measures shall be designed, constructed and maintained to:

   (1)  Prevent, to the extent possible, additional contributions of sediment to streamflow or to runoff outside the affected area.

   (2)  Meet the treatment and effluent requirements of §  88.292 (relating to hydrologic balance: effluent standards).

   (3)  Minimize erosion to the extent possible.

   (4)  Meet the requirements of Chapter 102 (relating to erosion and sediment control).

   The provisions of this §  88.296 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (237195).

 (a)  At a minimum, facilities and measures for treating discharges from disturbed areas shall be designed, constructed and maintained to treat the runoff from a 10-year, 24-hour precipitation event and any groundwater contribution.

 (b)  Facilities and measures for treating any discharges shall be based on good engineering design and shall include automatic neutralization processes. The Department may approve a manual neutralization system if the Department finds that:

   (1)  Flow is infrequent and presents small and infrequent treatment requirements to meet the applicable effluent limitations.

   (2)  Timely and consistent treatment is ensured.

 (c)  The design, construction and maintenance of a treatment facility shall not relieve an operator of his responsibility for complying with the applicable treatment requirements and effluent limitations of §  88.292 (relating to hydrologic balance: effluent standards).

 (a)  All surface drainage from the disturbed area shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area.

 (b)  If sedimentation ponds are utilized, they are to be constructed in locations which will ensure their effectiveness. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams. Ponds may be located in intermittent streams provided the requirements of Chapter 105 (relating to dam safety and waterway management) are met. They shall be maintained until the disturbed area has been restored and the vegetation requirements have been met.

 (c)  The Department may waive the required use of sedimentation ponds when the person who conducts coal refuse disposal activities demonstrates to the satisfaction of the Department that sediment ponds are not necessary to meet the effluent limitations under §  88.292 (relating to hydrologic balance: effluent standards).

 (d)  The following apply to sedimentation ponds:

   (1)  Where possible, the discharge from a sedimentation pond shall be to a natural waterway and located to avoid additional contact with acid and toxic forming material.

   (2)  Sedimentation ponds shall be structurally sound and at a minimum meet the requirements of §  88.302 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

   (3)  Sediment ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).

 Discharge from dams, ponds, embankments, impoundments and diversions shall be controlled by energy dissipators, riprap channels or other devices, if necessary, to reduce erosion, to prevent deepening or enlargement of stream channels and to minimize disturbance of the hydrologic balance. Discharge structures shall be designed according to standard engineering-design procedures.

 Permanent impoundments may be authorized by the Department, upon the basis of the following demonstration:

   (1)  The quality of the impounded water shall be suitable on a permanent basis for its intended use, and discharge of water from the impoundment shall not degrade the quality of receiving waters to less than the water quality standards established under §  88.292 (relating to hydrologic balance: effluent standards).

   (2)  The level of water shall be sufficiently stable to support the intended use.

   (3)  Adequate safety and access to the impounded water shall be provided for proposed water users.

   (4)  Water impoundments will not result in the diminution of the quality or quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational or domestic uses.

   (5)  The design, construction and maintenance of structures shall achieve the minimum requirements of §  88.302 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

   (6)  The size of the impoundment is adequate for its intended purposes.

   (7)  The impoundment will be suitable for the approved postmining use.

 (a)  Dams, ponds, embankments and impoundments that meet the criteria of Chapter 105 (relating to dam safety and waterway management) shall be designed, constructed and maintained in accordance with Chapter 105.

 (b)  The design, construction and maintenance of dams, ponds, embankments and impoundments that are not of the class of subsection (a) shall achieve the minimum design criteria contained in United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standards 350 ‘‘Sediment Basin’’ and 378, ‘‘Pond,’’ as amended. In addition to the requirements in ‘‘Sediment Basin,’’ a minimum static safety factor of 1.3 is required.

   The provisions of this §  88.302 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).

   The provisions of this §  88.302 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; 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 (199144) to (199145).

 A dam and embankment constructed of coal processing waste or intended to impound coal processing waste, shall meet the requirement criteria established under Chapter 105 (relating to dam safety and waterway management) and the United States Soil Conservation Service’s Pennsylvania Field Office Technical Guide, Section IV, Standard 378, ‘‘Pond’’, as applicable.

 Surface water or groundwater refuse disposal activities shall not be piped or channeled to underground mine workings.

   The provisions of this §  88.304 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92640).

 (a)  Groundwater levels, subsurface flow and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of coal refuse disposal activities on the reclaimed lands and on the quantity and quality of groundwater in the permit and adjacent areas.

 (b)  When coal refuse disposal activities may affect the groundwater systems which serve as aquifers which ensure the hydrologic balance of water use on or off the permit area, groundwater levels and groundwater quality shall be monitored. Monitoring shall include measurements from a sufficient number of sources and chemical analyses of water from aquifers that are adequate to reflect changes in groundwater quality and quantity resulting from those activities. Monitoring shall be adequate to plan for modification of coal refuse disposal activities, if necessary, to prevent, to the extent possible, disturbance of the prevailing hydrologic balance. At a minimum, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, total iron, total manganese, sulfates and water levels shall be monitored and reported to the Department at least every 3 months for each monitoring location.

 (c)  The Department may require the operator to conduct additional hydrologic tests, including, but not limited to, drilling, infiltration tests, aquifer tests, chemical and mineralogic analyses of overburden and spoil to demonstrate compliance with this section.

 (d)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.305 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).

   The provisions of this §  88.305 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial page (199146).

 (a)  In addition to the monitoring and reporting requirements established by the Department under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored to measure and record accurately the water quantity and quality of the discharges from the permit area and the effect of the discharge on the receiving waters. Surface water shall be monitored for parameters that relate to the suitability of the surface water for current and approved postmining land uses and to the objectives for protection of the hydrologic balance as set forth in §  88.49 (relating to protection of hydrologic balance). At a minimum, total dissolved solids or specific conductance corrected to 25°C, total suspended solids, pH, acidity, alkalinity, total iron, total manganese, sulfates and flow shall be monitored and reported to the Department every 3 months for each monitoring location.

 (b)  The Department may require the operator to conduct monitoring and reporting more frequently than every 3 months, and to monitor additional parameters beyond the minimum specified in this section.

   The provisions of this §  88.306 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).

 The operator of any mine which affects a water supply by contamination, pollution, diminution or interruption shall restore or replace the affected water supply with an alternate source, adequate in water quality and water quantity, for the purpose served by the supply. For the purpose of this section, the term water supply includes any existing or currently designated or currently planned source of water or facility or system for the supply of water for human consumption or for agricultural, commercial, industrial or other uses.

 At the completion of coal refuse disposal activities, the person who conducts the refuse disposal activities shall renovate as required by the Department, allpermanent sedimentation ponds, diversions, impoundments and treatment facilities to meet criteria specified in the detailed design plan for the permanent structures and impoundments.

 (a)  Coal refuse shall be hauled or conveyed to and placed in designated disposal areas authorized for that purpose. The refuse shall be placed in a controlled manner to ensure the following:

   (1)  The land mass designated as the disposal area is suitable for reclamation and revegetation compatible with the natural surroundings.

   (2)  Stability of the disposal area.

   (3)  Leachate and surface runoff from the disposal area will not degrade surface waters or groundwaters or exceed the established effluent limitations.

 (b)  The disposal area shall be designed using recognized professional standards and approved by the Department. The design shall be certified by a registered professional engineer.

 (c)  Trees, grasses, shrubs and other organic materials shall be removed for a distance of 50 feet from the current disposal area concurrent with the placement of refuse.

 (d)  Slope protection shall be provided to minimize surface erosion at the site. The disturbed areas, including diversion ditches that are not riprapped, shall be vegetated upon completion of construction.

 (e)  The coal refuse to be placed in the fill shall be hauled or conveyed and placed in horizontal lifts in a controlled manner, concurrently compacted as necessary to ensure mass stability and prevent mass movement, covered and graded to allow surface and subsurface drainage to be compatible with the natural surroundings, and ensure a long-term static safety factor of 1.5 and seismic safety factor of 1.2.

 (f)  The final configuration of the disposal shall be suitable for the approved postmining land uses.

 (g)  Terraces may be utilized to control erosion and enhance stability if approved by the Department.

 (h)  If the disposal area contains springs, natural or manmade water-courses or wet-weather seeps, an underdrain system consisting of durable rock shall be constructed from the wet areas in a manner that prevents infiltration of the water into the spoil material. The underdrain system shall be designed and constructed using standard geotechnical engineering methods.

 (i)  Coal refuse may be returned to underground mine workings, but only in accordance with a disposal program approved by the Department and the Mine Safety and Health Administration.

 (j)  The system to prevent adverse impacts to the surface water and groundwater shall be constructed in accordance with design schematics, test results, descriptions, plans, maps, profiles or cross-sections approved in the permit and shall function to prevent adverse impacts to surface water and groundwater.

 (k)  The system to prevent precipitation from coming in contact with the coal refuse shall be constructed in accordance with design schematics, test results, descriptions, plans, maps, profiles and cross-sections approved in the permit and shall function to prevent precipitation from contacting the coal refuse.

   (1)  The system shall be installed as phases of the disposal area reach capacity, as specified in the permit, when the operation temporarily ceases for a period in excess of 90 days (unless the Department approves a longer period, not to exceed 1 year) or when the operation permanently ceases.

   (2)  The system shall be designed to allow for revegetation of the site in accordance with the standard of success under §  88.330 (relating to revegetation: standards for successful revegetation) and for prevention of erosion.

   The Department may approve alternate methods for disposal of hard rock spoil, including fill placement by dumping in a single lift, provided the services of a registered professional engineer experienced in the design and construction of earth and rockfill embankments are utilized. For this section, hard rock spoil shall be defined as rockfill consisting of at least 80% by volume of sandstone, limestone, or other rocks that do not slake in water. Spoil shall be transported and placed in a specified and controlled manner which will ensure stability of the disposal area. The method of spoil placement shall be designed to ensure mass stability and prevent mass movement.

 (a)  The coal refuse disposal area shall be inspected for stability by a registered engineer or other qualified specialist experienced in the construction of earth and rock fill embankments at least quarterly throughout construction and during the following critical construction periods: removal of all organic material and topsoil; placement of underdrainage systems; installation of surface drainage systems; placement and compaction of fill materials; and revegetation. The registered engineer or other qualified professional specialist shall provide to the Department a certified report within 2 weeks after each inspection that the fill has been constructed as specified in the design approved by the Department. A copy of the report shall be retained at the coal refuse disposal site.

 (b)  If any inspection discloses that potential hazard exists, the Department shall be informed promptly of the findings and the actions to abate the potential hazard.

 (c)  If any inspection discloses that an eminent danger exists, the Department shall be informed promptly of the findings and of the emergency procedures formulated for public protection and remedial action. The permittee shall immediately notify the appropriate emergency agencies and residences immediately downstream of the affected area.

 (a)  Coal refuse banks shall have a minimum static factor of safety of 1.5 and a seismic factor of safety of 1.2.

 (b)  Following grading of the facility, the site shall be covered with a final layer of nontoxic, noncombustible material and soil suitable for revegetation as soon as practicable after placing the final layer of material being disposed, and revegetated.

 (a)  The person conducting the disposal activities shall take immediate action to extinguish fires or hot spots in accordance with a plan approved by the regulatory authority and the Mine Safety and Health Administration. The plan shall contain, at a minimum, provisions to ensure that only persons authorized by the operator, and who have an understanding of the procedure to be used, shall be involved in the extinguishing operations.

 (b)  Coal refuse may not be deposited on or near any portion of a coal refuse disposal area known to be burning.

 (a)  Persons disposing of coal refuse in active surface mines shall meet the requirements of Subchapter B (relating to surface anthracite coal mines: minimum environmental protection performance standards).

 (b)  The refuse shall be disposed at a minimum of 5 feet above the base of the bottom rock and a minimum of 5 feet from the highwall.

 (c)  The Department may limit the volume or amount of coal refuse disposal in an active surface mine based on achieving the AOC and insuring pollution will not occur.

 (d)  The coal refuse will not be deposited against any exposed coal seams. All exposed coal seams will be covered by nonacid, nontoxic and noncombustible spoil to a thickness adequate to prevent combustion of the coal seam.

   The provisions of this §  88.315 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (92644).

 (a)  The applicant shall demonstrate that the overburden and coal refuse can be graded to AOC or approved alternative designed plan, and will not create a pollution problem.

 (b)  Coal refuse which is to be submerged in abandoned water-filled surface mines shall meet the requirements of §  88.304 (relating to hydrologic balance: discharge of water into an underground mine). There may not be a discharge from such mines.

 (c)  The refuse shall be disposed at a minimum of 10 feet above the base of the pit floor unless the disposal design plan specifies submerging the coal refuse in water-filled surface mines.

 (d)  The coal refuse may not be deposited against any exposed coal seams. All exposed coal seams will be covered by nonacid, nontoxic and noncombustible spoil to a thickness adequate to prevent combustion of the coal seam.

 (a)  Air pollution control measures shall be planned and employed as an integral part of the coal refuse disposal activities and shall meet the following requirements: if processing facilities are to be used at the mining site, the facilities shall meet the requirements of Chapters 123 and 127 (relating to standards for contaminants; and construction, modification, reactivation and operation of sources).

 (b)  The fugitive dust control measures shall include as necessary, but not limited to, fugitive dust control measures shall demonstrate compliance with Chapters 121, 123, 127 and 129.

 (a)  Dams and embankments, constructed of coal refuse and intended to impound coal refuse, whether they were completed before adoption of the regulatory program or are intended to be completed thereafter, shall comply with these regulations.

 (b)  Waste used in the construction of dams and embankments shall be demonstrated to the regulatory authority that the stability of such a structure conforms with the requirements of this subchapter. It shall also be demonstrated that the use of waste material will not have a detrimental effect on downstream water quality or the environment due to acid or other pollutional seepage through the dam or embankment. All demonstrations shall be submitted to and approved by the Department.

 Noncoal wastes including, but not limited to, grease, lubricants, paints, flammable liquids, garbage and other hazardous wastes shall be disposed of or stored temporarily in accordance with the Solid Waste Management Act (35 P. S. § §  6018.101—6018.1003) and the regulations promulgated thereunder. Storage shall be such that fires are prevented and that the area remains stable and suitable for reclamation and revegetation. Waste materials with low ignition points including, but not limited to, wood, cloth, waste paper, oil, grease and garbage may not be deposited on or near a coal refuse disposal pile.

   The provisions of this §  88.321 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).

 (a)  Vegetation shall be established on all land affected by refuse disposal activities.

 (b)  When considering vegetation requirements, the Department shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area; except that introduced species may be used in the revegetation process when desirable and necessary to achieve the approved postdisposal land use plan.

 (c)  Revegetation shall provide a quick, fast-growing vegetative cover capable of stabilizing the soil surface from erosion.

 (d)  Revegetation shall be completed in accordance with the reclamation plan of the permit application as approved by the Department.

 (e)  Revegetation shall be consistent with the predisposal vegetation and support the approved postdisposal land use as specified in the permit application.

   The provisions of this §  88.322 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Revegetation of disturbed areas shall be conducted no later than the first normal period for favorable planting conditions after soil replacement and final grading of the soil surface for seeding and planting.

 (b)  Revegetation of disturbed areas shall be coordinated with soil replacement so that a minimum amount of time exists between the time soil is replaced and revegetation is completed.

 (c)  The periods for favorable planting of permanent herbaceous species are as follows:

   (1)  The spring planting season shall begin as early as soil conditions permit and shall terminate no later than May 30.

   (2)  The late summer planting season shall begin August 10 and shall terminate no later than September 15.

 (d)  The period for favorable planting of permanent woody species shall begin as early as soil conditions permit and shall terminate no later than May 20.

 (e)  When necessary to control erosion, revegetation shall be required immediately following backfilling and final grading regardless of periods for favorable planting. Revegetation of a temporary cover of small grains, grasses or legumes shall be required until a permanent cover is established. Revegetation under these circumstances shall be accomplished without regard to specified periods for favorable planting.

   The provisions of this §  88.323 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95909) to (95910).

 The use of introduced species in the revegetation process may be approved by the Department under the following conditions:

   (1)  The species have been proven acceptable through field trials to be capable of providing permanent vegetation and are desirable and necessary to achieve the approved postmining land use.

   (2)  The species are necessary to achieve a quick, temporary and stabilizing cover that aids in controlling erosion.

   (3)  The species are compatible with the plant and animal species of the region.

   (4)  The species meet the requirements of applicable State and Federal seed or introduced species statutes and are not poisonous or noxious.

   The provisions of this §  88.324 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Legume seed shall be inoculated or treated with the specific inoculant for that seed and the seed shall be seeded within 24 hours after treatment.

 (b)  Legume seed of birdsfoot trefoil and crownvetch shall contain at least 25% hard seed. All other legume species shall contain the highest possible percentage of hard seed.

 (c)  The species and rate of application of each species used in a seed mixture shall be indicated in the revegetation plan.

 (d)  A schedule for revegetation of species shall be indicated with the information requested in the revegetation plan, and the schedule shall indicate the seed mixture and the time or season of the year when the seed mixture will be used.

   The provisions of this §  88.325 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  A single tree or shrub species may not comprise more than 50% of the total number of seedlings planted.

 (b)  When the approved postdisposal land use is wildlife habitat, unless alternate plans are approved or required by the Department, a minimum of 75% of the land affected shall be planted with a mixture of woody plant species. Woody plants shall include deciduous and coniferous tree species and shrub species which provide a diverse plant community.

   The provisions of this §  88.326 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial page (95911).

 (a)  The soil surface shall be prepared by disking or harrowing unless soil conditions or steep slopes prohibit such a practice.

 (b)  When disking or harrowing is not possible, the soil surface shall be scarified by any mechanical method which will loosen the surface material. Scarification shall not be required if seeding is done immediately following final grading when the soil is still loose.

   The provisions of this §  88.327 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Mulch shall be applied to all affected land with exceptions permitted by the Department under the following conditions:

   (1)  When seeding can be accomplished using a conventional agricultural farm drill.

   (2)  When the approved postdisposal land use is for agricultural row crops.

   (3)  When annual grasses or small grains can be seeded immediately following final grading resulting in a quick vegetable cover which will provide adequate soil erosion control.

   (4)  When the permittee can demonstrate that alternative procedures will achieve the standards for revegetation success.

 (b)  Mulches shall be mechanically or chemically anchored to the soil surface.

   The provisions of this §  88.328 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95911) to (95912).

 The permittee shall assume responsibility for successful revegetation for a minimum of 5 full consecutive years after initial planting and the standard for success has been met for 2 consecutive years.

   The provisions of this §  88.329 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  The standards for successful vegetation shall be determined by ground cover, unless the approved postmining land use is cropland, in which case the standards shall be based upon crop productivity or yield. The standards for successful revegetation of pastureland shall be determined by ground cover.

 (b)  The approved standard shall be a minimum of 70% ground cover of permanent plant species with not more than 1.0% of the area having less than 30% ground cover of permanent plant species. When woody species are planted in mixture with herbaceous species, the standards in this section shall be met, and 400 woody plants per acre shall be established except:

   (1)  On slopes greater than 20 degrees, the minimum number of woody plants shall be 600 per acre.

   (2)  When the approved postmining land use is commercial forest land, the minimum number of woody plants shall be 450 living commercial trees per acre.

   (3)  When the approved postdisposal land use is wildlife habitat, the requirements of §  88.326(b) (relating to revegetation: tree and shrub species and seedling standards) shall apply and the areas approved for planting woody species shall have a minimum of 400 woody plants per acre.

 (c)  For purposes of measuring the stocking standards for woody species, the following shall apply:

   (1)  Root crown or root sprouts over one foot in height shall count as one toward meeting the stocking requirements. Where multiple stems occur, only the tallest stem shall be counted.

   (2)  A tree or shrub shall count as one toward meeting the stocking requirements if the tree or shrub has been in place at least two growing seasons and is alive and healthy with at least one-third of its length in live crown.

 (d)  For purposes of this section, herbaceous species means grasses, legumes and nonleguminous forbs; woody plants means woody shrubs, trees and vines; and ground cover means the area of ground covered by the combined aerial parts of vegetation and the litter that is produced naturally on site, expressed as a percentage of the total area of measurement.

 (e)  When the approved postmining land use is cropland, the approved standard shall be the average yields per acre for the crop and soil type as specified in the Soil Surveys of the United States Department of Agriculture, Soil Conservation Service. The productivity or yield of the mined area shall be equal to or greater than the approved standard for the last two consecutive growing seasons of the extended period of responsibility established in §  86.151 (relating to period of liability). Productivity or yield shall be considered equal if production or yield is at least 90% of the approved standard.

 (f)  Standards for determining success of restoration on prime farmlands soils shall be based upon the soil surveys and soil interpretations and the latest yield data available from the United States Department of Agriculture Soil Conservation Service.

   (1)  If crops are grown, standards for determining success of restoration shall be based on crop yields. The current estimated yields under equivalent levels of management for each soil map unit and for each crop shall be used by the Department as the predetermined target level for determining success of revegetation. The target yields may be adjusted by the Department in consultation with the United States Secretary of Agriculture before approval of the permit application. The crop productivity or yield of the mined area shall be compared to the predetermined target level. As a minimum, the following standards shall be met:

     (i)   Average annual crop production shall be determined based upon a minimum of 3 years of data. Crop production shall be measured for 3 years immediately prior to release of bonding under Chapter 86 Subchapter F (relating to bonding and insurance requirements).

     (ii)   Adjustments for weather-induced variability in the annual crop production may be permitted by the Department.

     (iii)   Restoration of prime farmland shall be considered a success when the adjusted 3-year average annual crop production is equivalent to, or higher than, the predetermined target level of crop production.

   (2)  If crops are not grown, standards for determining success of restoration shall be based on a soil survey, in addition to meeting the standards of subsection (b). The permittee shall demonstrate to the Department that the prime farmland soil has been restored to a capability of equivalent or higher levels of yield as nonmined prime farmland of the same soil type in the surrounding area. The demonstration shall include erodability, moisture holding capacity, permeability, depth, texture, pH and other analysis deemed relevant by the Department for determining quality of the restored soils as prime farmland.

 (g)  In all cases, soil productivity for prime farmlands shall be returned to equivalent levels of yield as nonmined land of the same soil type in the surrounding area under equivalent management practices as determined from the soil survey performed under §  88.32 (relating to prime farmland investigation).

   The provisions of this §  88.330 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95912) to (95914).

 (a)  The techniques proposed to be used by the refuse disposal permittee shall be approved by the Department and shall be specified in the revegetation plan.

 (b)  The permittee shall conduct periodic measurements of vegetation to identify conditions during the applicable periods of responsibilities specified. The permittee shall report the findings of these measurements to the Department.

   The provisions of this §  88.331 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  As soon as it is known that the operation will temporarily cease for more than 30 days, the operator shall submit a notice of intention, in writing, to temporarily cease the operation. The notice shall include a statement of the exact number of acres which will have been affected in the permit area, the extent and kind of reclamation of those areas, and identification of the backfilling, regrading, revegetation, monitoring and water treatment activities that will continue during the temporary cessation. The system for preventing precipitation from contacting the coal refuse shall be installed when the temporary cessation exceeds 90 days. The Department may approve a longer period, not to exceed 1 year, under subsection (b).

 (b)  Temporary cessation of an operation may not exceed 90 days unless the Department approves a longer period for reasons of seasonal shutdown or labor strike.

 (c)  Temporary cessation does not relieve the operator of the obligation to comply with any provisions of the permit.

 Operations that are permanently ceased shall be backfilled or closed or otherwise permanently reclaimed in accordance with this chapter and the permit. All underground openings, equipment, structures or other facilities not required for monitoring, unless approved by the Department as suitable for the postmining land use, shall be removed and the affected land reclaimed.

 (a)  All affected areas shall be restored in a timely manner to conditions that are capable of supporting the uses which they were capable of supporting before refuse disposal, or to higher or better uses achievable under criteria and procedures of this section and prior to the release of land from the permit area in accordance with Chapter 86, Subchapter F (relating to bonding and insurance requirements).

 (b)  The predisposal use of land to which the postdisposal land use is compared shall be determined by the following:

   (1)  The postdisposal land use for land that has not been previously mined and has been properly managed shall be judged on the basis of those uses which the land previously supported.

   (2)  The postdisposal land use for land that has been previously mined and not reclaimed shall be judged on the basis of the condition prior to mining or to a higher or better use that can be achieved and is compatible with surrounding areas.

 (c)  Alternative land uses shall be approved by the Department after consultation with the landowner or the land management agency having jurisdiction over the lands and after determining that the following criteria are met:

   (1)  The proposed postdisposal land use is compatible with adjacent land use and applicable land use policies, plans and programs and Federal, State and local law. A written statement of the views of the authorities with statutory responsibilities for land use policies and plans is submitted to the Department before refuse disposal activities begin. Any required approval, including any necessary zoning or other changes required for land use by local, State or Federal land management agencies, is obtained and remains valid throughout the coal refuse disposal activities.

   (2)  The owner of the surface shall request in a notarized written statement that the alternative land use be approved.

   (3)  The proposed postmining land use is reasonably likely to be achieved which may be demonstrated by one or more of the following or other similar criteria:

     (i)   Provision of any necessary public facilities is ensured as evidenced by letters of commitment from parties other than the person who conducts refuse disposal activities, as appropriate, to provide the public facilities in a manner compatible with the plans submitted under Subchapter A (relating to general provisions). The letters shall be submitted to the Department before coal refuse disposal activities begin.

     (ii)   Specific plans are prepared and submitted to the Department which show the feasibility of the postmining land use as related to projected land use trends and markets. The plan shall include a schedule showing how the proposed use will be developed and achieved within a reasonable time after mining and how the development will be sustained. The Department may require appropriate demonstrations to show that the planned procedures are feasible, reasonable and integrated with mining and reclamation, and that the plans will result in successful reclamation.

   (4)  The proposed use shall neither pose an actual or potential threat to public health or safety or of water diminution or interruption, contamination or pollution.

   (5)  The use may not involve unreasonable delays in reclamation or implementation.

   (6)  Necessary approval of measures to prevent or mitigate adverse effects on fish, wildlife and related environmental values and threatened or endangered plants is obtained from the Department, and appropriate State and Federal fish and wildlife management agencies have been provided a 30-day period in which to review the plan before coal refuse disposal activities begin.

   The provisions of this §  88.334 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial pages (207141) to (207143).

 (a)  Haul roads and access roads shall be designed, constructed and maintained to control or prevent erosion and contributions of sediment to streams or runoff outside the affected area; air and water pollution; damage to fish and wildlife or their habitat; flooding; and damage to public or private property. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored in accordance with §  88.341 (relating to haul roads and access roads: restoration) unless retention of the road is approved as part of the postmining land use.

 (b)  The haul road may not be located in or within 100 feet of a perennial or intermittent stream except in accordance with §  86.102 (relating to areas where mining is prohibited or limited). Any crossing of a perennial or intermittent stream shall be made using bridges, culverts or similar structures. Bridges, culverts or other encroachment or water obstruction shall meet the requirement of Chapter 105 (relating to dam safety and waterway management).

 (c)  Each road shall have a drainage system that is compatible with the natural drainage system, structurally stable and which will pass safely the peak flow from a 10-year precipitation event or larger event if required by the Department. The drainage system shall include sloped or crowned road surface, cross drains or culverts, stabilized ditches, erosion resistant surfacing, sediment traps and other appropriate control measures as required by §  88.296 (relating to hydrologic balance: sediment control measures).

 (d)  Roads shall be constructed on stable areas that avoid wet or unsuitable soils.

 (e)  Prior to the construction of the road, all topsoil shall be removed, stored on a stable site and protected against erosion and compaction until restoration of the haul road.

 (f)  Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion.

 (g)  Acid or toxic-forming material may not be used for surfacing or construction of a road except where the road is within the confines of a coal refuse disposal or reprocessing area and the effluent meets the requirements of §  88.292 (relating to hydrologic balance: effluent standards).

   The provisions of this §  88.335 amended under 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).

 Unless the Department approves retention of a road as suitable for the approved postmining land use in accordance with §  88.334 (relating to postdisposal land use), as soon as practicable after the road is no longer needed for the associated surface mining activities:

   (1)  The road shall be physically closed to vehicular traffic.

   (2)  The road and adjacent slopes shall be regraded to blend with the natural contours and drainage pattern.

   (3)  All bridges and culverts shall be removed.

   (4)  Cross drains, dikes and water bars shall be constructed to minimize erosion.

   (5)  All disturbed areas shall be revegetated in accordance with §  88.322 (relating to revegetation: general requirements).

   (6)  All excess material and debris shall be disposed of in a manner approved by the Department.

   The provisions of this §  88.341 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872; amended May 8, 1998, effective May 9, 1998, 28 Pa.B. 2227. Immediately preceding text appears at serial page (207145).

 (a)  Operators using common use roads to service their permit areas are responsible for maintaining the roads in a stable and safe condition throughout the life of the permit.

 (b)  Common use roads may not require bonding or restoration by the operator, however, the bond on the permit area may not be released until the haul road is left in a condition equal to the condition of the road before operations began.

   The provisions of this §  88.347 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (95917) to (95918).

Subchapter E. COAL PREPARATION ACTIVITIES

Sec.

 (a)  A person who conducts or intends to conduct coal preparation activities, not within the permit area of a specific mine, shall obtain a permit from the Department under § §  86.11—86.18 (relating to general requirements for permits and permit applications). The person shall meet certain performance standards and application requirements as specified in this subchapter.

 (b)  The following performance standards shall be met:

   (1)  Signs and markers for a facility where coal preparation activities are conducted shall comply with §  88.82 (relating to signs and markers).

   (2)  Roads, transport and associated structures shall be constructed, maintained and reclaimed in accordance with § §  88.138 and 88.150 (relating to haul roads and access roads: general; and common use roads).

   (3)  A stream or channel realignment shall comply with §  88.94 (relating to hydrologic balance: stream diversions).

   (4)  If required by the Department, a disturbed area related to coal preparation activities shall have sediment control structures in compliance with §  88.96 (relating to hydrologic balance: sediment control measures), and discharges from these areas shall meet the requirements of §  88.92 (relating to hydrologic balance: effluent standards) and other applicable State or Federal law.

   (5)  Permanent impoundments associated with coal processing plants shall meet the requirements of §  88.101 (relating to hydrologic balance: permanent impoundments). Dams constructed on or impounding coal processing waste shall comply with § §  88.102 and 88.103 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance; and hydrologic balance: coal processing waste dams and embankments).

   (6)  Discharge structures for diversions and sediment control structures shall comply with §  88.99 (relating to hydrologic balance: discharge structures).

   (7)  Disposal of coal preparation waste, solid waste and excavated materials shall comply with Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance standards).

   (8)  Air pollution control measures associated with fugitive dust emissions shall comply with §  88.114 (relating to air resources protection).

   (9)  Reclamation shall include proper soil handling procedures, revegetation and abandonment, in accordance with § §  88.86—88.90, 88.105—88.108 and 88.110—88.130.

   (10)  Coal preparation activities shall comply with other applicable performance standards of this chapter.

   (11)  Adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures, including, but not limited to, compliance with § §  88.113 and 88.133 (relating to protection of underground mining; and postmining land use).

   (12)  Reclamation shall include proper topsoil handling procedures, revegetation and abandonment, in accordance with § §  88.115—88.133.

   (13)  Water rights shall be protected in accordance with §  88.107 (relating to hydrologic balance: water rights and replacement).

 (c)  The following application requirements shall be met:

   (1)  The application format shall be as specified in §  86.15 (relating to permit application—general requirements) and accompanied by the fee specified in §  86.17 (relating to permit and reclamation fees).

   (2)  Applications shall be filed according to the schedules established in §  86.14 (relating to permit application filing deadlines).

   (3)  Interests shall be identified according to §  86.62 (relating to identification of interests).

   (4)  If the coal preparation activity is independent of a mining operation, the compliance information in §  86.63 (relating to compliance information) shall be presented.

   (5)  General permit application information shall be required according to § §  86.11—86.18.

   (6)  Maps and plans, as applicable, shall be prepared according to §  88.31 (relating to maps and plans).

   (7)  Groundwater and surface water information and monitoring plans shall be presented in accordance with § §  88.25, 88.26. 88.49, 88.105 and 88.106.

   (8)  Land use and prime farmland information shall be presented in accordance with § §  88.30, 88.32 and, if applicable, §  88.61 (relating to description of land use; prime farmland investigation; and prime farmlands).

   (9)  Protection of public parks and historic places in accordance with §  88.56 (relating to protection of public parks and historic places).

   (10)  Other environmental resource information that may be requested in accordance with this chapter.

   The provisions of this §  88.381 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).

   The provisions of this §  88.381 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the PennsylvaniaBulletin, 15 Pa.B. 13; amended November 18, 1988, 18 Pa.B. 5155, effective August 25, 1989, 19 Pa.B. 3674; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1711; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Immediately preceding text appears at serial pages (199164) to (199166).

   This section cited in 25 Pa. Code §  86.151 (relating to period of liability); and 25 Pa. Code §  86.159 (relating to self-bonding).

Subchapter F. ANTHRACITE UNDERGROUND MINES

Sec.

 This subchapter specifies certain specific procedures and rules for those who engage in the underground mining of anthracite coal activities. General rules and procedures for those who engage in the underground mining of anthracite coal activities are provided for in Chapter 86 (relating to surface and underground coal mining: general).

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   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 mining and reclamation operations.

   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 and wildlife and related environmental values, and achieve enchancement of those resources where 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—Anthracite coal.

   Coal seam—Anthracite coal vein.

   Cropland—Land used for the production of adapted crops for harvest, alone or in a rotation with grasses and legumes. The term includes row crops, small grain crops, hay crops, nursery crops, orchard crops and similar specialty crops.

   Disburbed area—An area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing waste, underground development waste or noncoal waste is placed by coal mining operations.

   Diversion—A channel, embankment or other manmade structure constructed at a controlled slope to divert water from one area to another.

   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.

   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.

   Historically used for cropland—One or more 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 surface coal mining 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. The term encompasses the dynamic relationships among precipitation, runoff, evaporation and changes in groundwater and surface water storage.

   Impoundment—A closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water, sediment or waste.

   Interim permit—A permit issued by the Department prior to the effective date of these regulations and in accordance with the requirements of Chapter 13 (relating to compliance with the Surface Mining Control and Reclamation Act of 1977).

   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.

   Mine—All underground areas contained within a continuous barrier of undisturbed coal and all openings to the surface from those areas.

   Operator—A person or municipality engaged in underground mining activities as a principal, as distinguished from an agent or independent contractor. When more than one person is engaged in coal mining activities in a single operation, they shall be deemed jointly and severally responsible for compliance with the provisions of the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.31), The Clean Streams Law (35 P. S. § §  691.1—691.1001) and the Coal Refuse Disposal Control Act (52 P. S. § §  30.51—30.66).

   Overburden—The strata or material overlying a coal deposit or in between coal deposits in its natural state, and such material before or after its removal by surface 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 underground mining activities are completed and which has been approved for retention by the Department.

   Permit area—The mine and areas where underground mining activities occur.

   Precipitation event—A quantity of water resulting from drizzle, rain, snow, sleet or hail in a limited period of time. The term may be expressed in terms of recurrence interval. The term 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 Agriculture in 7 CFR Part 657 (relating to prime and unique farmlands) (Federal Register, Vol. 43, No. 21) and which have historically been used for cropland as that phrase is defined in this section.

   Property to be mined—The surface and mineral estates on and underneath lands which are within the permit area.

   Reclamation—Actions taken to restore the area affected by underground mining activities as required by this chapter.

   Sedimentation pond—A primary sediment control structure designed, constructed and maintained in accordance with Subchapter C (relating to anthracite bank removal and reclamation; minimum environmental protection performance standards) 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.

   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.

   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 millimeters in diameter or larger, and includes sands, granules, pebbles, cobbles and boulders, based on Wentworth’s Classification.

   Temporary diversion—A diversion of a stream or overland flow which is used during surface coal mining activities and not approved by the Department to remain after rec