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25 Pa. Code § 78a.67. Borrow pits.

§ 78a.67. Borrow pits.

 (a)  An operator who owns or controls a borrow pit that does not require a permit under the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § §  3301—3326) under the exemption in section 3273.1(b) of the act (relating to relationship to solid waste and surface mining), because the borrow pit is used exclusively for extraction of minerals for the purpose of oil and gas well development, including access road construction, shall operate, maintain and reclaim the borrow pit in accordance with the performance standards in Chapter 77, Subchapter I (relating to environmental protection performance standards) and in accordance with Chapter 102 (relating to erosion and sediment control), and other applicable laws. The mining permit exemption only applies so long as the borrow pit is servicing an oil and gas well site where a well is permitted under section 3211 of the act (relating to well permits) or registered under section 3213 of the act (relating to well registration and identification) and the requirements of section 3225 of the act (relating to bonding) are satisfied by filing a surety or collateral bond for wells drilled on or after April 18, 1985. Borrow pits shall be subject to The Clean Streams Law (35 P.S. § §  691.1—691.1001), and regulations promulgated thereunder, including Chapter 102. For purposes of determining permitting requirements under §  102.5(c) (relating to permit requirements), areas subject to the mining permit exemption shall be considered part of the project along with the well site being serviced.

 (b)  Operators shall register the location of their existing borrow pits by December 7, 2016, by providing the Department, electronically, through the Department’s web site, with the GPS coordinates, township and county where the borrow pit is located. The operator shall register the location of a new borrow pit in the same manner prior to construction.

 (c)  Borrow pits used for the development of oil and gas well sites and access roads that no longer meet the conditions under section 3273.1 of the act must meet one of the following:

   (1)  Be restored within 9 months after completion of drilling the final well on a well site serviced by the borrow pit or 9 months after the expiration of all well permits on well sites serviced by the borrow pit, whichever occurs later. An extension of the restoration requirement may be approved under §  78a.65(c) (relating to site restoration).

   (2)  Obtain a noncoal surface mining permit for its continued use, unless relevant exemptions apply under the Noncoal Surface Mining Conservation and Reclamation Act and regulations promulgated thereunder.

 (d)  A well operator who owns or operates a borrow pit constructed prior to October 8, 2016, shall have the borrow pit inspected by a qualified person for compliance with the requirements of this section prior to April 6, 2017. Any borrow pits that do not comply with subsection (a) shall be upgraded to meet the requirements of this section or restored by October 10, 2017.

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