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Pennsylvania Code



88.381.    General requirements.

Cross References

   This subchapter cited in 25 Pa. Code §  86.38 (relating to criteria for approval or denial: existing structures).

§ 88.381. General requirements.

 (a)  A person who conducts or intends to conduct coal preparation activities, not within the permit area of a specific mine, shall obtain a permit from the Department under § §  86.11—86.18 (relating to general requirements for permits and permit applications). The person shall meet certain performance standards and application requirements as specified in this subchapter.

 (b)  The following performance standards shall be met:

   (1)  Signs and markers for a facility where coal preparation activities are conducted shall comply with §  88.82 (relating to signs and markers).

   (2)  Roads, transport and associated structures shall be constructed, maintained and reclaimed in accordance with § §  88.138 and 88.150 (relating to haul roads and access roads: general; and common use roads).

   (3)  A stream or channel realignment shall comply with §  88.94 (relating to hydrologic balance: stream diversions).

   (4)  If required by the Department, a disturbed area related to coal preparation activities shall have sediment control structures in compliance with §  88.96 (relating to hydrologic balance: sediment control measures), and discharges from these areas shall meet the requirements of §  88.92 (relating to hydrologic balance: effluent standards) and other applicable State or Federal law.

   (5)  Permanent impoundments associated with coal processing plants shall meet the requirements of §  88.101 (relating to hydrologic balance: permanent impoundments). Dams constructed on or impounding coal processing waste shall comply with § §  88.102 and 88.103 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance; and hydrologic balance: coal processing waste dams and embankments).

   (6)  Discharge structures for diversions and sediment control structures shall comply with §  88.99 (relating to hydrologic balance: discharge structures).

   (7)  Disposal of coal preparation waste, solid waste and excavated materials shall comply with Subchapter D (relating to anthracite refuse disposal: minimum environmental protection performance standards).

   (8)  Air pollution control measures associated with fugitive dust emissions shall comply with §  88.114 (relating to air resources protection).

   (9)  Reclamation shall include proper soil handling procedures, revegetation and abandonment, in accordance with § §  88.86—88.90, 88.105—88.108 and 88.110—88.130.

   (10)  Coal preparation activities shall comply with other applicable performance standards of this chapter.

   (11)  Adverse effects upon or resulting from nearby underground coal mining activities shall be minimized by appropriate measures, including, but not limited to, compliance with § §  88.113 and 88.133 (relating to protection of underground mining; and postmining land use).

   (12)  Reclamation shall include proper topsoil handling procedures, revegetation and abandonment, in accordance with § §  88.115—88.133.

   (13)  Water rights shall be protected in accordance with §  88.107a (relating to hydrologic balance: water rights and replacement).

 (c)  The following application requirements shall be met:

   (1)  The application format shall be as specified in §  86.15 (relating to permit application—general requirements) and accompanied by the fee specified in §  86.17 (relating to permit and reclamation fees).

   (2)  Applications shall be filed according to the schedules established in §  86.14 (relating to permit application filing deadlines).

   (3)  Interests shall be identified according to §  86.62 (relating to identification of interests).

   (4)  If the coal preparation activity is independent of a mining operation, the compliance information in §  86.63 (relating to compliance information) shall be presented.

   (5)  General permit application information shall be required according to § §  86.11—86.18.

   (6)  Maps and plans, as applicable, shall be prepared according to §  88.31 (relating to maps and plans).

   (7)  Groundwater and surface water information and monitoring plans shall be presented in accordance with § §  88.25, 88.26. 88.49, 88.105 and 88.106.

   (8)  Land use and prime farmland information shall be presented in accordance with § §  88.30, 88.32 and, if applicable, §  88.61 (relating to description of land use; prime farmland investigation; and prime farmlands).

   (9)  Protection of public parks and historic places in accordance with §  88.56 (relating to protection of public parks and historic places).

   (10)  Other environmental resource information that may be requested in accordance with this chapter.


   The provisions of this §  88.381 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); section 1920-A of The Administrative Code of 1929 (71 P.S. §  510-20); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. §  30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §  1406.7(b)).


   The provisions of this §  88.381 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended January 4, 1985, effective immediately upon the approval by the Secretary of the United States Department of the Interior and publication thereof in the PennsylvaniaBulletin, 15 Pa.B. 13; amended November 18, 1988, 18 Pa.B. 5155, effective August 25, 1989, 19 Pa.B. 3674; amended April 9, 1993, effective April 10, 1993, 23 Pa.B. 1711; amended June 25, 1993, effective June 26, 1993, 23 Pa.B. 3075; amended December 15, 1995, effective December 16, 1995, 25 Pa.B. 5821; amended June 25, 2021, effective June 26, 2021, 51 Pa.B. 3449. Immediately preceding text appears at serial pages (207147) to (207149).

Cross References

   This section cited in 25 Pa. Code §  86.151 (relating to period of liability); and 25 Pa. Code §  86.159 (relating to self-bonding).

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