25 Pa. Code § 89.173. Performance standards.

§ 89.173. Performance standards.

Construction, operation, maintenance, modification, removal and reclamation of coal preparation activities shall comply with the following:
   (1)  Signs and markers shall comply with §  89.51 (relating to signs and markers).
   (2)  Erosion and sedimentation shall be controlled under § §  89.21—89.26 (relating to performance standards).
   (3)  The hydrologic balance shall be protected under § §  87.102(b), 87.106, 87.107, 87.119a, 89.52, 89.53, 89.55 and 89.57—89.60.
   (4)  If water from a coal preparation activity is discharged into a mine for treatment with the drainage from the mine, that mine may not be closed or sealed until the Department approves an alternate water handling procedure, including the necessary permit applications which shall be submitted to the Department within 18 months prior to the anticipated closure date of the mine to assure that necessary facilities and measures will be implemented prior to the mine closure or sealing.
   (5)  Stream channel diversions shall comply with §  89.56 (relating to stream channel diversions).
   (6)  Disposal of noncoal wastes shall comply with §  89.63 (relating to disposal of noncoal wastes).
   (7)  Fish, wildlife and related environmental values shall be protected under §  89.65 (relating to protection of fish, wildlife and related environmental values).
   (8)  Support facilities required for, or used incidental to, the operation of the coal preparation plant shall comply with §  89.67 (relating to support facilities).
   (9)  Temporary cessation of operations shall comply with §  89.68 (relating to cessation of operations: temporary).
   (10)  Impoundments shall meet the requirements of Subchapter D (relating to structural requirements for impoundments), except that dams constructed of, or impounding, coal processing wastes shall meet the requirements of Chapter 90 (relating to coal refuse disposal).
   (11)  Excess spoil, coal mine and coal processing wastes shall be disposed of under Chapter 90.
   (12)  Reclamation shall comply with § §  89.81—89.90 (relating to performance standards).
   (13)  Prime farmlands shall be handled in accordance with the performance standards of Subchapter E (relating to prime farmlands).

Authority

   The provisions of this §  89.173 amended under section 5 of The Clean Streams Law (35 P.S. §  691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § §  1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. §  30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §  1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20).

Source

   The provisions of this §  89.173 adopted June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial page (313598).

Cross References

   This section cited in 25 Pa. Code §  89.172 (relating to informational requirements).

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