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).