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COMMONWEALTH OF PENNSYLVANIA

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25 Pa. Code § 86.121. Areas exempt from designation as unsuitable for surface mining operations.

CRITERIA AND PROCEDURES FOR DESIGNATING AREAS AS
UNSUITABLE FOR SURFACE MINING


§ 86.121. Areas exempt from designation as unsuitable for surface mining operations.

 This section and § §  86.122—86.129 do not apply to areas on which:

   (1)  Surface mining operations were being conducted on August 3, 1977.

   (2)  Surface mining operations have been authorized by a valid permit issued under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19b), the Coal Refuse Disposal Control Act (52 P. S. § §  30.51—30.66), The Clean Streams Law (35 P. S. § §  691.1—691.1001) or The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § §  1406.1—1406.21).

   (3)  A person establishes that substantial legal and financial commitments in surface mining operations were in existence prior to January 4, 1977.

Authority

   The provisions of this §  86.121 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § §  1396.1—1396.19a); the Coal Refuse Disposal Control Act (52 P. S. § §  30.51—30.66); The Clean Streams Law (35 P. S. § §  691.1—691.1001); and sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P. S. § §  510-20 and 510-30).

Source

   The provisions of this §  86.121 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 13, 1996, effective December 14, 1996, 26 Pa.B. 5962; amended October 8, 1999, effective October 9, 1999, 29 Pa.B. 5289; amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904. Immediately preceding text appears at serial pages (357483) to (357484).

Cross References

   This section cited in 25 Pa. Code §  86.103 (relating to procedures); and 25 Pa. Code §  86.130 (relating to areas designated as unsuitable for mining).


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