§ 89.2. Scope.

 This chapter specifies procedures and rules for those who engage in underground coal mining activities, coal preparation activities and in situ processing of coal. General rules and procedures for those who engage in coal mining activities, including the activities regulated under this chapter, are in Chapter 86 (relating to surface and underground coal mining: general).

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

   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.

   Affected area—Land or water upon or in which underground 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 operators including, but not limited to, private ways and roads appurtenant to this 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, underground mining operations are situated. The term also includes lands affected by the construction of new roads or the improvement or substantial use of an existing road to gain access to the site or for hauling from the site.

   Application—The documents and other information filed with the Department for the issuance of a permit.

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

   Cropland—Land used for the production of adapted crops for harvest, along 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.

   Disturbed area—An area where vegetation, topsoil or overburden is removed or upon which topsoil, spoil, coal processing wastes, underground development wastes 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.

   Dwelling—A building or other structure that, at the time subsidence occurs, is used either temporarily, occasionally, seasonally or permanently for human habitation.

   EPACT structures—

     (i)   Structures that are subject to repair and compensation requirements under section 720(a) of the Surface Mining Control and Reclamation Act (30 U.S.C.A. §  1309a).

     (ii)   The term includes:

       (A)   Noncommercial buildings.

       (B)   Dwellings.

       (C)   Structures adjunct to or used in conjunction with dwellings, including, but not limited to:

         (I)   Garages.

         (II)   Storage sheds and barns.

         (III)   Greenhouses and related buildings.

         (IV)   Customer-owned utilities and cables.

         (V)   Fences and other enclosures.

         (VI)   Retaining walls.

         (VII)   Paved or improved patios.

         (VIII)   Walks and driveways.

         (IX)   Septic sewage treatment facilities.

         (X)   Inground swimming pools.

         (XI)   Lot drainage and lawn and garden irrigation systems.

   EPACT water supplies—

     (i)   Water supplies that are subject to replacement under section 720(a) of the Surface Mining Control and Reclamation Act, including drinking, domestic or residential water supplies in existence prior to the date of permit application.

     (ii)   The term includes water received from a well or spring and any appurtenant delivery system that provides water for direct human consumption or household use.

     (iii)   The term does not include wells and springs that serve only agricultural, commercial or industrial enterprises except to the extent the water supply is for direct human consumption or human sanitation, or domestic use.

   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.

   Fair market value—The amount at which property would exchange hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having reasonable knowledge of the relevant facts.

   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—Subsurface waters of the Commonwealth.

   Historically used for cropland—Includes 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. 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.

   Interim permit—A permit issued by the Department prior to the effective date of this chapter 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.

   Irreparable damage—Damage to a structure resulting from subsidence which is in one of the following categories. The term includes:

     (i)   Damage for which the total cost of repair, including improvements required by Federal, State and local law to meet current standards, would exceed the cost of replacement.

     (ii)   Damage of such magnitude that Federal, State or local law would prohibit repair of the structure.

     (iii)   Damage that weakens the strength of a structure’s foundation, load bearing walls or other load bearing structural components in a manner which would make it impossible or impractical to restore the structure to its previous strength.

     (iv)   For structures recognized as historically or architecturally significant:

       (A)   Damage which would adversely affect the structure’s historical or architectural value.

       (B)   Damage for which the cost of repair to restore the historical and architectural value of the structure with the same craftsmanship and historically and architecturally equivalent components would exceed the cost of replacement.

       (C)   Damage which would be impossible to repair to restore the historical and architectural value of the structure with the same craftsmanship and historically and architecturally equivalent components.

   Material damage—Damage that results in one of the following:

     (i)   Functional impairment of surface lands, structures, features or facilities.

     (ii)   Physical change that has a significant adverse impact on the affected land’s capability to support current or reasonably foreseeable uses or causes significant loss in production or income.

     (iii)   Significant change in the condition, appearance or utility of a structure or facility from its presubsidence condition.

   Mine—Underground areas contained within a continuous barrier of undisturbed coal and openings to the surface from those areas.

   Noncommercial building—A building, other than an occupied residential dwelling, that, at the time the subsidence occurs, is used on a regular or temporary basis as a public building or community or institutional building as those terms are defined in §  86.101 (relating to definitions). The term does not include a building used only for commercial agricultural, industrial, retail or commercial enterprises.

   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 shall mean 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 surface areas where underground mining activities occur.

   Pollution-forming materials—Earth materials or wastes which, if acted upon by air, water, weathering or microbiological processes, are likely to produce pollution as defined by The Clean Streams Law (35 P. S. § §  691.1—691.1001) and the regulations promulgated under The Clean Streams Law, or are likely to produce toxic pollutants as defined in section 101 of the Federal Water Pollution Control Act (33 U.S.C.A. §  1251), or are likely to produce chemical or physical conditions that are detrimental to biota.

   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. As used in this chapter, the term also 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 657 (relating to prime and unique farmlands) and which have historically been used for cropland as that phrase is defined in this section.

   Property to be mined—Both the surface and mineral estates on and underneath lands which are within the permit area.

   Public buildings and facilities—Structures that are owned or leased and principally used by a government agency for public business or meetings and anything built, installed, assembled or used by a government agency to provide a public service. Examples include, but are not limited to, the following:

     (i)   Government office buildings.

     (ii)   Police stations.

     (iii)   Prison complexes.

     (iv)   Municipal swimming pools.

     (v)   Municipal utilities.

     (vi)   Municipal airports.

     (vii)   Public park pavilions and maintenance facilities.

   Public water supply system—A water delivery system which does one of the following:

     (i)   Serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

     (ii)   Provides water to a public building, church, school, hospital or nursing home.

   Rebuttable presumption area—As used in the context of water supply replacement, the area in which an operator is presumed responsible for diminishing, contaminating or interrupting a water supply. The area is defined by projecting a 35° angle from the vertical from the outside of any area where the operator has extracted coal from an underground mine.

   Reclamation—Those actions taken to restore the area affected by underground mining activities as required by this chapter.

   Secretary—The Secretary of the Department of Environmental Resources of the Commonwealth of Pennsylvania.

   Sedimentation pond—A primary sediment control structure designed, constructed and maintained in accordance with this subchapter and Subchapter D (relating to structural requirements for impoundments), and including but not limited to a barrier, dam or excavated depression which detains water runoff to allow sediment to settle out. A sedimentation pond shall 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 .05 millimeter in diameter or larger, and includes sands, granules, pebbles, cobbles or 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 reclamation as part of the approved postmining land use.

   Underground development waste—Waste rock mixtures of coal, shale, claystone, siltstone, sandstone, limestone or related materials that are excavated, moved and disposed of as part of the construction activities in preparing the mine for coal production.

   Underground mining—The extraction of coal in an underground mine.

   

   Underground mining activities—Includes the following:

     (i)   Surface operations incident to underground extraction of coal or in situ processing, such as construction, use, maintenance and reclamation of roads, aboveground repair areas, storage areas, processing areas, shipping areas, areas upon which are sited support facilities, including hoist and ventilating ducts, areas used for the disposal and storage of waste and areas on which materials incident to underground mining operations are placed.

     (ii)   Underground operations such as underground construction, operation and reclamation of shafts, adits, support facilities located underground, in situ processing and underground mining, hauling, storage and blasting.

     (iii)   Operation of a mine including preparatory work in connection with the opening and reopening of a mine, backfilling, sealing, and other closing procedures, postclosure mine pool maintenance and any other work done on land or water in connection with a mine.

   Underground mining operations—Underground construction, operation and reclamation of shafts, adits, support facilities located underground, in situ processing and underground mining, hauling, storage and blasting.

   Water supply—An existing source of water used for domestic, commercial, industrial or recreational purposes or for agricultural uses, including use or consumption of water to maintain the health and productivity of animals used or to be used in agricultural production and the watering of lands on a periodic or permanent basis by a constructed or manufactured system in place on August 21, 1994, to provide irrigation for agricultural production of plants and crops at levels of productivity or yield historically experienced by the plants or crops within a particular geographic area, or which serves a public building or a noncommercial structure customarily used by the public including churches, schools and hospitals.

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

 (b)  When a term not defined in this chapter is used in this chapter, but is defined in Chapters 86—88 and 90 the definition in that chapter is applicable to this chapter.

   The provisions of this §  89.5 amended under section 7 of The Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) (52 P. S. §  1406.7); section 5 of The Clean Streams Law (35 P. S. §  691.5); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. §  1396.4b); 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).

   Editor’s Note: Certain parts of the rulemaking at 35 Pa.B. 5775 are authorized under a Federal action that superseded sections 5.1(b), 5.2(g)—(h), 5.4(a)(3) and (c) and 5.5(b) of the BMSLCA (52 P. S. § §  1406.5a(b), 1406.5b(g)—(h), 1406.5d(a)(3) and (c) and 1406.5e(b)) to the extent these statutory provisions conflicted with the Federal Surface Mining Control and Reclamation Act of 1977 (Federal SMCRA) (30 U.S.C.A. § §  1201—1328). The Federal action effecting these changes was published at 69 FR 71551 (December 9, 2004).

 (a)  This chapter sets forth requirements for conducting underground mining activities and coal preparation activities.

 (b)  As part of the application required by Chapter 86 (relating to surface and underground coal mining: general), the operator shall describe the coal preparation activities or underground mining activities by means of specific plans identified in this chapter. These plans shall be developed using, at a minimum, the information specified in this chapter and designed to meet the performance standards of this chapter and the requirements of the acts. Plans and information required by this chapter may be developed using modeling techniques, but the Department may require verification of a model. The plans shall be incorporated in the permit and implemented in accordance with the permit.

 (c)  The application and the supporting plans required by this section shall be submitted in a format specified by the Department including, but not limited to, forms, maps, cross sections and narrative descriptions.

 (d)  The development, design, implementation and approval of these plans does not relieve the operator of the responsibility to meet the performance standards of this chapter and the requirements of the acts.

   The provisions of this §  89.7 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148905) to (148906).

INFORMATION REQUIREMENTS

§ 89.11. General requirements.

 As required by Chapter 102 (relating to erosion and sediment control), the operator shall prepare and submit, as part of the application, an erosion and sedimentation control plan for all areas disturbed by earthmoving activities. The erosion and sedimentation control plan shall include, at a minimum, the information required by this subchapter, and shall be designed and implemented to achieve the performance standards set forth in this subchapter.

   The provisions of this §  89.11 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  When requested by the Department, the erosion and sedimentation control plan shall contain a statement of the climatological factors that are representative of the proposed permit area, including the following:

   (1)  The average seasonal precipitation.

   (2)  The average direction and velocity of prevailing winds.

   (3)  Seasonal temperature ranges.

 (b)  The Department may request such additional data as deemed necessary to ensure compliance with the requirements of this chapter.

 The erosion and sedimentation control plan shall include an air pollution control plan which includes the following:

   (1)  A plan demonstrating compliance with fugitive dust control practices, as required under §  89.64 (relating to air resources protection), 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)  If required by the Department, air quality control monitoring to provide sufficient data to evaluate the effectiveness of the air pollution control plan.

 The erosion and sedimentation control plan shall address the construction, use and maintenance of roads, conveyors, rail systems and other transportation facilities within the proposed permit area.

   The provisions of this §  89.20 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

PERFORMANCE STANDARDS

§ 89.21. Erosion and sedimentation control.

 (a)  The standards of Chapter 102 (relating to erosion and sediment control) for designing erosion and sedimentation control measures and facilities apply, except when made more stringent by this chapter. If sedimentation ponds are not sized in accordance with §  102.13(d) (Reserved), then the calculated detention time and all supporting documentation and drawings used to establish the detention time shall be included in the permit application.

 (b)  All areas disturbed by earthmoving activities shall be permanently stabilized as soon as practicable after planned grade is achieved.

   The provisions of this §  89.21 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Before disturbance of areas affected by surface operations, topsoil and subsoils shall be separately removed and segregated from other material, unless use of substitute or supplemental materials for reclamation is approved by the Department.

 (b)  After removal, topsoil shall be stockpiled pending redistribution, provided that an alternative procedure may be approved by the Department on a case-by-case basis if the procedure provides equal or more protection for the topsoil.

 (c)  Topsoil shall, if possible, be removed from the areas to be affected by surface operations or major structures after the vegetative cover that would interfere with the use of the topsoil is cleared from portions of those areas that will be disturbed, but before any drilling for blasting, mining or other surface disturbance of surface lands.

 (d)  Selected overburden materials may be substituted for or used as a supplement to topsoil if the resulting soil medium is suitable for sustaining vegetation. Substituted or supplemented material shall be placed in compliance with the requirements for topsoil under §  89.85 (relating to topsoil use).

 (e)  Stockpiled materials shall be selectively placed and protected from wind and water erosion by an effective cover of quick-growing annual and perennial plants, or by other methods demonstrated to provide equal protection. Unless approved by the Department, stockpiled topsoil and other materials may not be moved until ready for use.

   The provisions of this §  89.22 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 Overland flow, shallow groundwater flow from undisturbed areas and flow in ephemeral streams shall, unless otherwise approved by the Department, be diverted away from disturbed areas by means of temporary or permanent diversions to minimize accelerated erosion, to reduce the volume of water to be treated, and to prevent contact with pollution-forming materials. The following requirements shall be met for all diversions:

   (1)  Temporary diversions shall be constructed to safely pass the peak runoff from a precipitation event with a 2-year recurrence interval, or a larger event as specified by the Department.

   (2)  Permanent diversions shall be constructed to safely pass the peak runoff from a precipitation event with a 10-year recurrence interval, or a larger event as specified by the Department. Permanent diversions shall be constructed with gently sloping banks that are stabilized.

   (3)  Using the best technology currently available, diversions shall be designed, constructed and maintained in a manner which prevents additional contributions of suspended solids to streamflow and runoff outside the disturbed area.

   (4)  A diversion may not be located in a way which will increase the potential for landslides.

   (5)  When no longer needed, each temporary diversion shall be removed and the affected land shall be regraded, have topsoil applied and be revegetated in accordance with § §  89.84—89.86 (relating to backfilling and grading; topsoil use; and revegetation).

   (6)  Diversion design shall incorporate the following:

     (i)   Channel linings to safely pass the design velocities.

     (ii)   Adequate freeboard.

     (iii)   Energy dissipators when necessary.

   The provisions of this §  89.23 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Sedimentation ponds, when required, shall be constructed in accordance with this section and Subchapter D (relating to structural requirements for impoundments) before disturbing the contributory drainage area. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent stream channels, unless approved by the Department.

 (b)  A nonclogging dewatering device shall be installed to remove storm water. This device shall have a discharge rate to achieve and maintain the required detention time.

 (c)  Sedimentation ponds shall be operated and maintained until the disturbed area has been stabilized and revegetated and removal is approved by the Department. The ponds may not be removed sooner than 2 years after the last augmented seeding unless the Department finds that the disturbed area has been sufficiently revegetated and stabilized.

   The provisions of this §  89.24 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 §  89.24 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, 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 page (199208).

 Discharges from erosion and sedimentation control structures shall be controlled by energy dissipators, riprap channels or other devices, when necessary, to prevent accelerated 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.

   The provisions of this §  89.25 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  As used in this section, ‘‘road’’ means a surface right-of-way for purposes of travel by land vehicles used in coal exploration or underground mining activities. 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 contiguous appendages necessary for the total structure. The term includes access and haul roads constructed, used, reconstructed, improved or maintained for use in coal exploration or underground mining activities, including use by coal-hauling vehicles leading to transfer, processing or storage areas. The term includes pioneer or construction roadways used for part of the road construction procedure and promptly replaced by a road located in the identical right-of-way as the pioneer or construction roadway.

 (b)  The operator shall design, construct or reconstruct, utilize and maintain roads and restore the area to meet the requirements of this section and to control or minimize erosion and sedimentation, air and water pollution, and damage to public or private property. Haul roads shall be surfaced with material sufficiently durable for the anticipated volume of traffic and the weight and speed of vehicles using the road. Acid or toxic-forming material may not be used for surfacing or construction of a road.

 (c)  Using the best technology currently available, roads shall be designed, constructed and maintained so that they do not cause damage to fish, wildlife and related environmental values and do not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area. The contributions may not be in excess of limitations of State or Federal law.

 (d)  Roads shall be removed and the affected land regraded and revegetated in accordance with §  89.90 (relating to restoration of roads) unless:

   (1)  Retention of the road is approved as part of the approved postmining land use or as being necessary to control erosion adequately.

   (2)  The necessary maintenance is assured.

   (3)  Drainage is controlled according to this subchapter.

 (e)  The design and construction or reconstruction of roads shall:

   (1)  Incorporate recognized engineering standards for environmental protection, mobility, safety and travel efficiency, based on geometric criteria appropriate for the planned duration of use, the anticipated volume of traffic and the weight and speed of vehicles to be used. To ensure environmental protection appropriate for their planned duration and use, including consideration of the type and size of equipment used, the design and construction or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface drainage control, culvert placement and culvert size, in accordance with current, prudent engineering practices and necessary design criteria established by the Department.

   (2)  Include a drainage system that is compatible with the natural drainage system, structurally stable and will pass safely the peak flow from a 10-year, 24-hour 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 sediment control measures.

   (3)  Be prepared by or under the direction of, and certified by a qualified registered professional engineer or qualified registered professional land surveyor that the roads have been constructed or reconstructed as designed in accordance with the approved plan.

 (f)  Location of roads shall be as follows:

   (1)  Roads shall be located, insofar as possible, on ridges or on the most stable available slopes to minimize erosion.

   (2)  No part of any road shall be located in the channel of an intermittent or perennial stream except in accordance with §  86.102 (relating to areas where mining is prohibited or limited).

   (3)  Stream fords are prohibited unless they are specifically approved by the Department as temporary routes during periods of construction. The fords may not adversely affect stream sedimentation or fish, wildlife or related environmental values. Other stream crossings shall be made using bridges, culverts or other structures designed, constructed and maintained in accordance with recognized engineering standards and Chapter 105 (relating to dam safety and waterway management).

   (4)  Roads shall be located to prevent downstream sedimentation and flooding.

 (g)  Maintenance of roads shall be as follows:

   (1)  Roads shall be maintained so that the required or approved design criteria are met throughout the life of the facility, including surface and shoulders, parking, side areas, approach structures, erosion control devices, cut-and-fill sections and traffic control devices necessary for safe and efficient utilization.

   (2)  Road maintenance shall include basic custodial care as required to protect the road investment and to prevent damage to adjacent resources. This includes maintenance to control dust, erosion, repair of structures and drainage systems, removal of rocks and debris, replacement of surface and restoration of the road.

   (3)  A road damaged by a catastrophic event, such as a flood or earthquake, shall be repaired or reclaimed as soon as practicable after the damage has occurred.

   The provisions of this §  89.26 amended July 30, 1982, 12 Pa.B. 2473, 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 June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075. Immediately preceding text appears at serial pages (158995) to (158997).

   This section cited in 25 Pa. Code §  89.173 (relating to performance standards).

Subchapter B. OPERATIONS

INFORMATION REQUIREMENTS

Sec.

§ 89.31. General requirements.

 An application shall include an operation plan which describes the operation of the mine and related surface areas. The operation plan shall include, at a minimum, the information required in this subchapter and shall, at a minimum, be designed and implemented to achieve the performance standards set forth in this subchapter.

 The operation plan shall include a general narrative statement which succinctly describes:

   (1)  The type and method of coal mining used in existing areas of the mine and to be used in unmined areas of the mine.

   (2)  The major equipment to be used during mining operations.

   (3)  The coal seams to be mined, the anticipated annual tonnage and acres of coal to be mined.

   (4)  The existing and anticipated surface facilities which support the mining operation including airways, manways, boreholes, treatment plants, storage areas, disposal areas, preparation plants, tipples and transportation facilities.

   (5)  The estimated life of the mine.

   (6)  The history of existing areas of the mine including the year the mine was opened, and water problems encountered during mining.

   (7)  The extent, type and seam or mineral of adjacent abandoned or active mines.

 (a)  The operation plan shall include a description of the areal and structural geology in the permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the underground mining activities.

   (1)  For lands within the proposed permit and adjacent areas and over the coal seam to be mined, the description shall include the results of test borings, coal samplings and the stratum immediately beneath the coal seam to be mined, and overlying strata. When an aquifer or existing deep mine below the lowest coal to be mined may be affected, the description shall also include the aquifer or existing deep mine and overlying strata. For mines not underlain by existing deep mines and greater than 200 feet (60.96 meters) below surface drainage, the description need only include the strata down to and including the stratum immediately below the coal seam to be mined. At a minimum, the description shall include:

     (i)   The location and quality of groundwater.

     (ii)   The depth, lithology and structure of overburden strata.

     (iii)   Coal seam thickness.

     (iv)   Chemical analysis for pollution-forming materials of the stratum immediately above and the stratum immediately below the coal seam to be mined.

     (v)   Chemical analyses for pollution-forming materials of the coal seam including the sulfur content.

   (2)  Additionally, for portions of a permit area in which the strata down to the coal seam to be mined will be removed, as in the face up area, test borings or core samples shall be collected and analyzed down to and including the stratum immediately below the lowest coal seam to be mined. For the purposes of this section, boreholes, drill holes, slopes and shafts do not constitute removal of overburden. The following data shall be provided:

     (i)   Logs of drill holes that show the lithologic characteristics, including physical characteristics and thickness of each stratum, and location and quality of groundwater.

     (ii)   Chemical analyses of each stratum within the overburden and the stratum immediately below the coal seam to be mined to identify those strata that contain pollution-forming or alkalinity-producing materials.

     (iii)   Chemical analyses for pollution-forming materials of the coal seam, including the total sulfur content.

 (b)  An applicant may request that the requirements of subsection (a)(2) be waived in part or in its entirety by the Department. The waiver can be granted only if the Department makes a written determination that the information required by subsection (a)(2) is unnecessary because other information having equal value or effect is available to the Department in a satisfactory form.

   The provisions of this §  89.33 adopted July 30, 1982, 12 Pa.B. 2473, 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 June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239665) to (239666).

 (a)  The operation plan shall contain premining or baseline hydrologic information representative of the proposed permit, adjacent and general areas.

   (1)  Groundwater information shall include:

     (i)   The results of a groundwater inventory of existing wells, springs and other groundwater resources, providing information on location, ownership, quality, quantity, depth to water and usage for the proposed permit area and adjacent area. Information on water availability, occurrence and alternative water supplies shall be emphasized and water-quality information relating to suitability for existing premining uses shall be provided. 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.

     (ii)   Other information on the baseline hydraulic and hydrogeologic properties of the groundwater system shall be included with the application. Information on indicator parameters, such as pumping test, lithologic and piezometer data or other appropriate information shall be provided in the application.

     (iii)   A groundwater monitoring plan under §  89.59 (relating to surface water and groundwater monitoring). The plan shall logically relate to the analysis of the baseline information and the prediction of the probable hydrologic consequences of mining and reclamation required by §  89.35 (relating to prediction of the hydrologic consequences). The plan shall identify monitoring locations and sampling frequency. Water availability, including water levels and yields, and approximate overallrecharge protection shall be emphasized. The plan shall provide for monitoring the minimum group of parameters in §  89.59, plus additional parameters that relate to the suitability of the groundwater for current and approved postming land uses, the protection of the hydrologic balance and locally potential problem causing conditions at or near the mine site.

   (2)  Surface water information shall include:

     (i)   A description of streams, valuable impoundments and alternative water supplies. The information shall include the name, location and qualitative and quantitative seasonal flow conditions. Water-quality descriptions, at a minimum, shall include base-line information on total suspended solids, total dissolved solids or specific conductance corrected to 25°C, pH, acidity, alkalinity, sulfates, total iron, total manganese and other locally significant water-quality characteristics. Base-line acidity information shall be provided if acid neutralization is anticipated for the proposed operation. The location of point source discharge and the name and location of the surface stream into which the point source will be discharged shall be provided. The Department may require additional hydrologic information if the predictive evaluation required by §  89.35 indicates that adverse, offsite impacts are likely to occur or, if the data are necessary to properly plan for remedial and reclamation activities.

     (ii)   A surface water monitoring plan under §  89.59. The plan shall logically relate to the analysis of baseline information and the prediction of the probable hydrologic consequences of mining and reclamation required by §  89.35. The plan shall identify monitoring locations and monitoring frequency. The plan shall emphasize low flows and high flows and their variable quality. The plan shall provide for monitoring the minimum group of parameters in §  89.59, plus additional parameters that relate to the suitability of the surface water for current and approved postmining land uses, the protection of the hydrologic balance and locally potential problem-causing conditions at or near the mine site. Special emphasis shall be given to accurately measuring and documenting the quality and quantity of water discharging from the permit area so that onsite damages can be minimized and offsite damages are prevented to the greatest extent possible.

 (b)  The Department may require hydrologic tests, including, but not limited to, drilling, infiltration, other aquifer tests and stream flow measurements. The results shall be submitted to the Department.

   The provisions of this §  89.34 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21); 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 §  89.34 adopted July 30, 1982, 12 Pa.B. 2473, 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 June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239665) to (239668).

 The operation plan shall include a prediction of the probable hydrologic consequences of the proposed underground mining activities upon the quantity and quality of groundwater and surface water within the proposed permit, adjacent and general areas under seasonal flow conditions, and whether underground mining activities may result in contamination, diminution or interruption of any water supplies within the permit or adjacent area. The prediction shall be prepared by a qualified hydrologist or engineer. The probable hydrologic consequences determination shall emphasize the anticipated responses of groundwater and surface water flow, its rate, direction and quality and quantity to the proposed underground mining activities. The prediction shall be based on baseline data collected at the proposed mine site or data statistically representative of the site or a combination of both. The prediction required by this section may be developed using modeling techniques, but the Department may require verification of any models.

   The provisions of this §  89.35 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial page (239668).

 (a)  The operation plan shall describe, with appropriate maps and cross sections, the measures to be taken to ensure the protection of the hydrologic balance and to prevent adverse hydrologic consequences. The measures shall address:

   (1)  The quality and quantity of surface and groundwater within the proposed permit and adjacent areas.

   (2)  The rights of present users to surface and groundwater.

   (3)  The control of surface and groundwater drainage into, through and out of the permit area.

   (4)  The treatment, when required, of surface and groundwater drainage from the permit area, and proposed quantitative limits on pollutants in discharges as provided in §  89.52 (relating to water quality standards, effluent limitations and best management practices).

 (b)  The operation plan shall also describe how the proposed mine development plan will prevent or minimize adverse hydrologic consequences. The plan shall consider:

   (1)  The location of mine openings to prevent postmining discharges as required by §  89.54 (relating to preventing discharges from underground mines).

   (2)  Possible alterations in the mine development plan or method of mining in response to adverse impacts on the hydrologic balance as indicated by the groundwater monitoring system.

 (c)  The operation plan shall include a description of the measures which will be taken to replace water supplies which are contaminated, diminished or interrupted by underground mining activities. An operator is not required to provide a replacement water supply prior to mining as a condition for securing a permit.

   The provisions of this §  89.36 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 12, 1998, effective June 13, 1998, 28 Pa.B. 2761. Immediately preceding text appears at serial pages (239668) and (244247).

 (a)  The operation plan shall contain a description of each existing structure proposed to be used in connection with or to facilitate the mining operation. The description shall include the following:

   (1)  Location.

   (2)  Current condition.

   (3)  A demonstration that the structure is in compliance with the performance standards of this chapter.

 (b)  The operation plan shall describe how each noncomplying existing structure will be modified or reconstructed to comply with the design and performance standards of this chapter. The description shall include the following:

   (1)  Design specifications for the modification or reconstruction of the structure.

   (2)  A construction schedule.

   (3)  Provisions for monitoring the structure during and after modification or reconstruction.

   (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.

 (a)  The operation plan shall describe and identify the nature of archaeological, cultural and historic resources listed on or eligible for listing on the National Register of Historic Places and known significant archaeological or cultural sites and public parks within the proposed permit area and adjacent area. The description shall be based on available information, including, but not limited to, data of State 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:

   (1)  The collection of additional information.

   (2)  The conducting of field investigations.

   (3)  Other appropriate analysis.

 (b)  For publicly owned parks or historic places listed on the National Register of Historic Places that may be adversely affected by the proposed underground mining activities, the plan shall describe the measures to be used to accomplish one of the following:

   (1)  The prevention of adverse impacts and meet the requirements of Chapter 86, Subchapter D (relating to areas unsuitable for mining).

   (2)  The minimization of adverse impacts if valid existing rights exist or joint agency approval is to be obtained under Chapter 86, Subchapter D.

 (c)  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 underground mining activity or coal preparation activity.

   The provisions of this §  89.38 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, 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 pages (239670) and (234527).

 Disposal of underground development wastes and excess excavated material shall be disposed of in accordance with Chapter 90 (relating to coal refuse disposal).

 (a)  The operation plan shall describe the design, operation and maintenance of any proposed facility for return of coal processing or underground development waste to an underground mine. The description shall include:

   (1)  Flow diagrams and any other necessary drawings and maps, for the approval of the Department and the Mine Safety and Health Administration.

   (2)  The source and quality of waste to be stowed, area to be backstowed, percent of the mine void to be filled, method of constructing underground retaining walls, influence of the backfilling operation on active underground mine operations, surface area to be supported by the backfill and the anticipated occurrence of surface effects following backfilling.

   (3)  The source of the hydraulic transport medium, method of dewatering the placed backfill, retainment of water underground, treatment of water if released to surface streams and the effect on the hydrologic regime.

   (4)  The stratum underlying the mined coal and gradient from the backfilled area.

 (b)  The requirements of this section shall also apply to pneumatic backfilling operations, except when the operations are exempted by the Department from requirements specifying hydrologic monitoring.

   The provisions of this §  89.49 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; reserved July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

PERFORMANCE STANDARDS

§ 89.51. Signs and markers.

 (a)  Signs and markers shall:

   (1)  Be posted, maintained and removed by the operator.

   (2)  Be of a uniform design that can be easily seen and read.

   (3)  Be made of durable material.

   (4)  Conform to local laws and regulations.

 (b)  Signs and markers shall be maintained during all activities to which they pertain.

 (c)  Mine and permit identification signs shall be as follows:

   (1)  Identification signs shall be displayed at each point of access from public roads to areas of surface operations and facilities on permit areas for underground mining activities.

   (2)  Signs shall show the name, business address and telephone number of the operator and the identification number of the current permit authorizing underground mining activities.

   (3)  Signs shall be retained and maintained until after the release of all bonds for the permit area.

 (d)  The operator shall clearly mark the perimeter of all areas affected by surface operations or facilities before beginning mining activities.

 (e)  Stream buffer zones shall be clearly marked to prevent disturbance by surface operations and facilities.

 (f)  Persons who conduct surface blasting incidental to underground mining activities shall:

   (1)  Conspicuously flag or post the area in the immediate vicinity of blasting activities.

   (2)  Place at all entrances to areas of surface operations and facilities in the permit area, from public roads or highways, conspicuous signs which state ‘‘Warning: Explosives in Use.’’

 (g)  When topsoil or other vegetation-supporting material is segregated and stockpiled, the stockpiled material shall be clearly marked.

 (h)  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 §  89.51 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21); 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 §  89.51 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5281. Immediately preceding text appears at serial pages (199220) to (199221).

 (a)  Prevailing hydrologic balance. Underground mining activities shall be planned and conducted to minimize changes to the prevailing hydrologic balance in both the permit and adjacent areas.

 (b)  Minimum requirements. At a minimum, water which is discharged or is permitted to flow from areas disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities, shall be passed through a sedimentation pond or treatment facility before discharging, except as provided in subsection (j).

 (c)  Effluent limitations. A person may not allow a discharge of water from an area disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent standards. The effluent limitations shall be applied under subsection (d).

Group A

	30-day	Daily	Instantaneous
Parameter	Average	Maximum	Maximum
iron (total)	3.0 mg/l	6.0mg/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

 (d)  Limitations. The effluent limitations and precipitation exemptions are as follows:

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

   (2)  To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §  89.53 (relating to precipitation event exemption).

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

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

     (i)   The operator demonstrates that the wastes are discharged to an acid stream in which cases the pH may be greater than 9.0.

     (ii)   The operator affirmatively demonstrates, in writing, to the Department that biological respiration in the wastewater treatment system will cause the discharge to exceed the limits in this section and that exceeding these limits 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), in which case the Department may grant a variance in writing from the limitation in this section.

     (iii)   The operator affirmatively demonstrates to the Department that the wastewater treatment process being used by the operator 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 or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act, in which case 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.

 (f)  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 (e), (g) or (h). 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 (c), including modifications authorized or required under subsection (e) or (h). 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 (c), 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.

 (g)  Single facilities 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.

 (h)  Additional requirements. In addition to the requirements of subsections (c)—(g), the discharge of water from the permit area shall comply with this title, including Chapters 91—93, 95, 97 (reserved) and 102.

 (i)  Responsibility. The permittee is permanently responsible for discharges which are encountered or are affected by or connected with the mining or reclamation activities.

 (j)  Exemption. The Department may grant an exemption to subsection (b) only if the person who conducts the operation demonstrates, and the Department finds, in writing, that:

   (1)  Sedimentation ponds or treatment facilities are not needed to achieve the effluent limitations in subsections (c)—(f) and the water quality standards in Chapter 93.

   (2)  There is no mixture of surface runoff with drainage from underground mine workings.

   (3)  The disturbed area is small for drainage from areas affected by surface facilities.

   The provisions of this §  89.52 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21); 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 §  89.52 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, 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 (237202) to (237206).

 (a)  To establish the alternative effluent limitations of Group B or C in §  89.52(c) (relating to water quality standards, effluent limitations and best management practices), 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 §  89.52, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption is 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 §  89.52(c).

   (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 §  89.52, unless the permit specifies a more stringent water quality based effluent limitation, in which case no exemption is 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 §  89.52(c).

 (b)  The 10-year, 24-hour rainfall events for specific areas in this Commonwealth are as follows, in inches:

 (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)  The permittee shall comply with subparagraphs (i) and (ii).

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

     (ii)   By appropriate interpolation of the data collected under subparagraph (i), calculate the estimated rainfall event for the site. Appropriate interpolation shall be accomplished by:

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

       (B)   Linear interpolation between the isohytes.

   (2)  The permittee shall comply with the following:

     (i)   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 rainfall event for which the exemption is sought and shall be secured to prevent tampering and acts of third parties.

     (ii)   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 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.

 (d)  When the discharge from the site exceeds an 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 rainfall.

 (e)  The permittee is not entitled to claim a greater than 10-year, 24-hour precipitation event storm exemption unless the permittee has fully 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 §  89.53 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148927) to (148930).

 (a)  Surface entries and accesses to the mine, including drifts, adits, slopes and shafts, shall be located, designed, constructed and utilized to prevent gravity discharge of water from the mine.

 (b)  Barriers of coal left around an underground mine shall be located and designed to prevent gravity discharge from the mine and assist in returning the water table to near its premining condition.

 (c)  Each exploration hole, drill hole or borehole, shaft, well or other opening to an underground mine shall be cased, lined, sealed or otherwise managed to prevent degradation of the quality of groundwaters and surface waters, to minimize disturbance to the prevailing hydrologic balance and to ensure the safety of people, livestock, fish and wildlife and machinery in the permit and adjacent area. Each exploration hole, drill hole, borehole or well that is uncovered or exposed by mining activities within the permit area shall be permanently closed in a water-tight manner, unless approved for water monitoring or otherwise managed in a manner approved by the Department. This section does not apply to holes drilled and used for blasting in the area affected by surface operations.

 (d)  Gas and oil wells that are uncovered or exposed by mining activities within the permit area shall be sealed in accordance with the Oil and Gas Act (58 P. S. § §  601.101—601.605).

   The provisions of this §  89.54 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21); 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 §  89.54 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821. Imediately preceding text appears at serial page (199227).

 (a)  A channel or ditch that is used to collect or transport waters, or both, into wastewater treatment facilities shall be constructed to safely pass the peak runoff from a precipitation event with a 10-year recurrence interval, or a larger event as specified by the Department.

 (b)  Channel design shall incorporate:

   (1)  Channel linings to safely pass the design velocities.

   (2)  Adequate freeboard.

   (3)  Energy dissipators when necessary.

   The provisions of this §  89.55 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Flow from perennial and intermittent streams within the permit area may be diverted if the diversions:

   (1)  Will not adversely affect, during and after mining, the water quantity and quality of the stream.

   (2)  Comply with other requirements of this chapter and Chapter 105 (relating to dam safety and waterway management).

   (3)  Comply with local, State and Federal statutes and regulations.

 (b)  When streamflow diversion is approved, the stream channel diversion shall be designed, constructed and removed, as follows:

   (1)  The longitudinal profile of the stream, the channel and the flood plain shall be designed and constructed to remain stable and to prevent, using the best technology currently available, additional contributions of suspended solids to streamflow or to runoff outside the permit area. These contributions may not be in excess of requirements of State or Federal law. Erosion control structures, such as channel lining structures, retention basins and artificial channel roughness structures shall be approved for permanent diversions only when they are stable and will require infrequent maintenance.

   (2)  The combination of channel, bank and flood plain configurations shall be adequate to prevent a flooding potential greater than that created by the natural conditions of the natural channel. However, the capacity of the channel itself shall be at least equal to the capacity of the unmodified stream channel immediately upstream and downstream from the diversion.

   (3)  The design and construction of stream channel diversions of perennial and intermittent streams shall be certified by a qualified registered professional engineer as meeting the performance standards of this part.

 (c)  When no longer needed to achieve the purpose for which they are authorized, temporary stream channel diversions shall be removed and the affected land regraded and revegetated, in accordance with § §  89.84—89.86 (relating to backfilling and grading; topsoil use; and revegetation). At the time diversions are removed, facilities previously protected by the diversion shall be modified or moved to prevent overtopping or failure of the facilities. These requirements do not relieve the operator from maintenance of a water treatment facility otherwise required under this chapter, and the erosion and sedimentation control requirements of Chapter 102 (relating to erosion and sediment control).

 (d)  When permanent diversions are constructed or stream channels are restored after temporary diversion, the operator shall establish or restore:

   (1)  The natural riparian vegetation on the banks of the stream.

   (2)  The stream to a natural meandering shape.

   (3)  The stream to a longitudinal profile and cross section, including aquatic habitats, that approximate premining stream channel characteristics.

   The provisions of this §  89.56 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316. Immediately preceding text appears at serial pages (148931) to (148932).

 (a)  Facilities and measures for treating discharges from disturbed areas shall be designed for the runoff from a 10-year, 24-hour rainfall event.

 (b)  Facilities and measures for treating any discharges shall be based on good engineering design and shall include failure warning devices and backup systems as necessary to insure compliance with subsection (a).

 (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 established under §  95.1(a) (relating to general requirements).

   The provisions of this §  89.57 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 Drainage from pollution-forming underground development waste and spoil, if any, into groundwater and surface water shall be avoided by:

   (1)  Identifying, burying and treating, when necessary, waste and 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 pollution-forming materials in accordance with measures required by the Department.

   (3)  Disposing of the pollution-forming underground development wastes in accordance with Chapter 90 (relating to coal refuse disposal). Temporary storage of the materials may be approved by the Department upon a finding that storage will not result in any material risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Pollution-forming underground development waste and spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water. Any discharge shall conform with §  89.52 (relating to water quality standards, effluent limitations and best management practices).

   The provisions of this §  89.58 adopted July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.

 (a)  Surface water and groundwater monitoring shall be conducted under §  89.34 (relating to hydrology) and with the monitoring plan contained in the permit. At a minimum, surface water and groundwater monitoring shall include the following conditions:

   (1)  Groundwater levels, subsurface flow and storage characteristics and the quality of groundwater shall be monitored in a manner approved by the Department to determine the effects of underground mining activities on the quantity and quality of groundwater in the permit and adjacent areas.

   (2)  Groundwater levels and groundwater quality shall be monitored, when underground mining activities may affect the groundwater systems which serve as aquifers which significantly ensure the hydrologic balance of water use on or off the permit area. Monitoring shall include measurements from a sufficient number of wells, and chemical analyses of water from aquifers which adequately reflect changes in groundwater quantity and quality resulting from those activities. Monitoring shall be adequate to plan for modification of underground mining 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.

   (3)  In addition to the monitoring and reporting requirements in Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), surface water shall be monitored accurately to measure and record the water quantity and quality of discharges from the permit area and the effect of the discharges on the receiving waters. Surface water shall be monitored for par