§ 90.128. Coal refuse disposal: active surface mines.
(a) The person disposing of coal refuse in active surface mines shall meet the requirements of Chapter 87 (relating to surface mining of coal) and § 90.125 (relating to coal refuse disposal: construction requirements).
(b) The Department will limit the volume or amount of coal refuse disposal in an active surface mine based on achieving the approximate original contour and insuring pollution will not occur.
(c) The coal refuse shall be disposed at a minimum of 10 feet above the base of the pit floor or the seasonal high water table whichever is higher.
(d) The coal refuse shall be spread and compacted in 2 foot layers and may not exceed the volume as set forth in subsection (b).
(e) The coal refuse may not be deposited against an exposed coal seam. An exposed coal seam shall be covered by nontoxic, nonacid and noncombustible spoil at a minimum of 2.5 times the thickness of the coal.
(f) The Department may require treatment of the coal refuse.
Source The provisions of this § 90.128 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 (149052) to (149053).
Cross References This section cited in 25 Pa. Code § 90.3 (relating to general requirements: permit); 25 Pa. Code § 90.39 (relating to ponds, impoundments, banks, dams, embankments, piles and fills); and 25 Pa. Code § 90.91 (relating to requirements).
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