ANNEX A TITLE 25. ENVIRONMENTAL RESOURCES PART I. DEPARTMENT OF ENVIRONMENTAL RESOURCES SUBPART C. PROTECTION OF NATURAL RESOURCES ARTICLE I. LAND RESOURCES CHAPTER 86. SURFACE AND UNDERGROUND COAL MINING: GENERAL Subchapter F. BONDING AND INSURANCE REQUIREMENTS GENERAL PROVISIONS
§86.142. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
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Annuity - A sum payable periodically for a time and in an amount sufficient to address specific reclamation or pollution abatement requirements, or both, associated with a mining activity.
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Management practice - A technique or procedure used to enhance the effectiveness of a mine drainage treatment system. Minimal-impact postmining discharge - For purposes of release of reclamation bonds, a discharge of mine drainage emanating from a surface mine site, where all other Stage 2 reclamation standards have been achieved and which meets one of the following sets of criteria: (i) Untreated does not, alone or in combination with other discharges, result in a violation of water quality standards in the receiving stream, and meets one of the following conditions: (A) Has a pH which is always greater than 6 and an alkalinity which always exceeds the acidity. (B) Has acidity which is always less than 100 mg/l, iron content which is always less than 10 mg/l, manganese content which is always less than 18 mg/l, and a flow rate which is always less than 3 gallons per minute. (ii) Has in place a functioning passive treatment system, approved by the Department, which meets the applicable effluent limitations of Chapters 87 and 88, (relating to surface mining of coal and anthracite coal), and does not result in a violation of the water quality standards in the receiving stream.
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Passive treatment system - A mine drainage treatment system which does not require routine operational control or maintenance. The term includes biological or chemical treatment systems, alone or in combination, as approved by the Department, such as artificially constructed wetlands, cascade aerators, anoxic drains or sedimentation basins. Postmining pollutional discharge - A discharge of mine drainage emanating from or hydrologically connected to the permit area, which may remain after coal mining activities have been completed, and which does not comply with the applicable effluent requirements described in §87.102, §87.207, §88.92, §88.187, §88.292, §88.507, §89.52 or §90.102.
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Trustee - One in whom some estate, interest or power in or affecting property of any description is vested for the benefit of another. Trust Fund - A fund held by a trustee which provides monies to address specific reclamation or pollution abatement requirements, or both, associated with a mining activity.
* * * * * AMOUNT AND DURATION OF LIABILITY
§86.149. Determination of bond amount. (a) The standard applied by the Department in determining the amount of bond will be the estimated cost to the Department if it had to complete the reclamation, restoration and abatement work required under the acts, regulations thereunder and the conditions of the permit. The Department may establish bonding rate guidelines which utilize the factors in §86.145(c) (relating to Department responsibilities). (b) This amount will be based on, but not limited to, the following: (1) The estimated costs submitted by the permittee in accordance with §87.68, §88.96, §88.492, §89.71 or §90.33. (2) Reclamation costs for surface mines related to the specific size and geometry of the proposed mining operation, the topography and geology of the permit area, the potential for water pollution or hydrologic disturbances, the availability of topsoil and the proposed land use. (3) The costs related to distinct differences in mining methods and reclamation standards for bituminous surface mines, anthracite surface mines and underground mines. (4) The cost of relocating or reconstructing roads or streams within the permit area. (5) The cost of sealing shafts or other mine openings, removal of buildings, facilities or other equipment, constructing, operating and maintaining treatment facilities and correcting surface subsidence. (6) The long-term costs associated with providing sound future treatment of postmining pollutional discharges and minimal-impact post-mining discharges emanating from or hydrologically connected to a mine site for at least 50 years. In determining these treatment requirements and associated long-term costs, the Department will consider: (i) The cost of constructing treatment facilities and instituting management practices capable of achieving the applicable requirements of §87.102, §87.207, §88.92, §88.107, §88.292, §88.507, §89.52 or §90.102. (ii) The cost of periodic replacement of such treatment facilities or management practices. (iii) The cost of operating and maintaining such treatment facilities or management practices. (iv) The cost of monitoring the discharge to determine compliance with effluent requirements. (v) Contingency costs relative to subparagraphs (iii) and iv). [(6)](7) The additional estimated costs to the Department which may arise from applicable public contracting requirements or the need to bring personnel and equipment to the permit area after its abandonment by the permittee to perform reclamation, restoration and abatement work, and to provide for sound future treatment of postmining pollutional discharges. [(7)](8) The amount of fees, fines or other payments made to the Department and dedicated by the Department for reclamation, restoration and abatement of defaulted permit areas. [(8)](9) Additional estimated costs necessary, expedient and incident to the satisfactory completion of the requirements of the acts, regulations thereunder and the conditions of the permit. [(9)](10) An additional amount based on factors of cost changes during the preceding 5 years for the types of activities associated with the reclamation to be performed. [(10)](11) Other cost information as required from the permittee or otherwise available to the Department.
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§86.151. Period of liability. (a) Liability under bonds posted for a coal surface mining activity shall continue for the duration of the mining activities and its reclamation as provided in the acts, regulations adopted thereunder and the conditions of the permit and for 5 additional years after completion of augmented seeding, fertilization, irrigation or other work necessary to achieve permanent revegetation of the permit area. (b) Liability under bonds posted for the surface effects of an underground mine, coal preparation activity or other long-term facility shall continue for the duration of the mining operation or use of the facility, its reclamation as provided in the acts, regulations adopted thereunder and the conditions of the permit, and for a 5 years thereafter, except for: (1) The risk of water pollution for which liability [on] under the bond shall continue for a period of time after completion of the mining and reclamation operation . [to] This period of time will be determined by the Department on a case-by-case basis. (2) The risk of subsidence from bituminous underground mines for which liability [on] under the bond shall continue for 10 years after completion of the mining and reclamation operation. (c) Liability under bonds posted for coal refuse disposal activities shall continue for the duration of the activities and for 5 years after the last year of augmented seeding and fertilizing and other work to complete reclamation to meet the requirements of the acts, regulations adopted thereunder, the conditions of the permit and to otherwise protect the environment. Liability under the bond related to the risk of water pollution from activities shall continue for a period of time after completion of the coal refuse disposal activities. This period of time will be determined by the Department on a case-by-case basis.
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(j) Release of any bond under this section does not alleviates the operator's responsibility to treat discharges of mine drainage emanating from or hydrologically connected to the site, to the standards in the permit, the Act, the Clean Streams Law, the federal Water Pollution Control Act and the rules and regulations thereunder. §86.152. Adjustments. (a) The Department [may] will require a permittee to deposit additional bonding if the methods of mining or operation change, standards of reclamation change or the cost of reclamation, restoration or abatement work changes. The Department will require the permittee to deposit additional bonding to provide for sound future treatment of postmining pollutional discharges emanating from or hydrologically connected to a mine site. This bond amount shall be determined in accordance with §86.174(d) (relating to standards for release of bonds). This requirement shall only be binding upon the permittee and does not compel a third party, including surety companies, to provide additional bond coverage. (b) A permittee may request reduction of the required bond amount upon submission of evidence to the Department that warrants a reduction of the bond amount by proving that the permittee's method of operation or other circumstances will reduce the maximum estimated cost to the Department to complete the reclamation, restoration or abatement responsibilities. (c) Bond adjustments which involve unaffected portions of a permit area upon which no reclamation liability has been incurred or permits that have not been activated and upon which no reclamation liability has been incurred, and bond adjustments which are based on revisions of the cost estimates of reclamation, are not subject to the procedures of §§86.170--86.172, except as provided in §86.172(b) and (c) (relating to criteria for release of bond).
* * * * * FORM, TERMS AND CONDITIONS OF BONDS AND INSURANCE
§86.156. Form of the bond. (a) The Department will accept the following types of bonds: (1) A surety bond. (2) A collateral bond. (3) A combination surety and collateral bond as provided in §86.160 (relating to surety/collateral combination bond), for coal surface mining activities. (4) A phased deposit of collateral bond as provided in §86.161 (relating to phased deposits of collateral), for long-term mines, long-term facilities and coal refuse disposal activities. (5) Subsidence insurance as provided in §86.162 (relating to subsidence insurance in lieu of bond), for risk of subsidence from bituminous underground mines. (b) [Banks] A financial or other [institutions which issue] institution which issues or provides annuities, trust funds, letters of credit, [or] certificates of deposit, life or property and casualty insurance and [sureties which execute] surety bonds, shall certify in writing to the Department that they will immediately notify the Department and the permittee, if permissible under the law, of an action filed either alleging the insolvency or bankruptcy of the [bank, or] institution, [or the surety] or permittee or alleging violations which would result in suspension or revocation of [the surety, bank or institution's] its charter[s] or license[s] to do business in this Commonwealth. (c) A permittee executing a bond shall certify in writing to the Department that it will immediately notify the Department, if permissible under the law, of action filed alleging the insolvency or bankruptcy of the permittee. §86.157. Special terms and conditions for surety bonds. Surety bonds are subject to the following conditions: (1) The Department will not accept the bond of a surety company which has failed or unduly delayed in making payment on a forfeited surety bond. (2) The Department will not accept the bond of a surety company unless the bond is not cancelable by the surety for reasons including, but not limited to, nonpayment of premium or bankruptcy of the permittee during the period of liability. (3) [The Department will not accept a single bond in excess of a surety company's maximum single obligation as provided by The Insurance Company Law of 1921 (40 P.S. §§341-991), unless the surety company satisfies the law for exceeding that limit.] The Department will not accept a single bond from a surety company for a permittee where the single bond is in excess of the surety company's maximum single risk exposure as provided in the Insurance Company Law of 1921 (40 P.S. §§341-991), unless the surety company complies with the Insurance Company Law of 1921 for exceeding the maximum single risk exposure. [(4) The Department will not accept surety bonds from a surety company for any permittee on all permits held by that permittee in excess of three times the company's maximum single obligation as provided by The Insurance Company Law of 1921.] [(5)](4) The Department will provide in the bond that the amount shall be confessed to judgment upon forfeiture. [(6)](5) The bond shall provide that the surety and the permittee shall be jointly and severally liable. [(7)](6) The bond shall provide that the surety will give prompt notice to the permittee and the Department of a notice received or action filed alleging the insolvency or bankruptcy of the surety, or alleging violations of regulatory requirements which could result in suspension or revocation of the surety's license to do business. [(8)](7) The Department will accept only the bond of a surety authorized to do business in this Commonwealth when the surety bond is signed by an appropriate official of the surety as determined by the Department. If the principal place of business of the surety is outside this Commonwealth, the surety bond shall be signed by an authorized resident agent of the surety. [(9)](8) The bond shall provide that liability on the bond may not be impaired or affected by a renewal or extension of the time for performance, or a forbearance or delay, in declaring or enforcing forfeiture of the bond. The surety shall have no right to cover or perform the principal's obligation on the bond, although the Department may allow the surety to do so in lieu of enforcing the forfeiture or collecting the bond, but a forbearance or delay will not affect the obligations under the bond. §86.158. Special terms and conditions for collateral bonds. (a) The Department will obtain possession of and keep in custody collateral deposited by the permittee until authorized for release or replacement as provided in this subchapter.
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(c) A collateral bond pledging certificates of deposit is subject to the following conditions:
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(6) The Department will only accept certificates of deposit from banks or banking institutions licensed or chartered to do business in [this commonwealth.] the United States.
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(e) A collateral bond in the form of a life insurance policy is subject to the following conditions: (1) The policy shall be fully paid and noncancellable with a cash surrender value irrevocably assigned to the Department at least equal to the amount of the required bond, and which may not be borrowed against and may not be utilized for any other purpose. (2) The policy shall be a single-premium, ordinary whole life policy. (3) The policy shall be designed so that in the event of the death of the insured, the Department receives from the proceeds of the policy an amount equal to the amount of the bond. The Department will hold the proceeds as cash collateral until release of all or part of the bond is authorized by the Department. (4) The insurance company shall be licensed by the Insurance Commissioner to do business in this Commonwealth or be designated by the Insurance Commissioner as an eligible surplus lines insurer. (5) The policy shall bear no liens, loans or encumbrances, and none shall become effective without the prior written consent of the Department. (6) The person applying for the permit or the permittee, once the permit is issued, shall own the policy. (7) The Department will maintain possession of the policy until authorized for bond release or replacement. (f) A collateral bond in the form of an annuity or trust fund is subject to the following conditions: (1) The amount of the trust fund or annuity shall be determined and set by the Department. The amount shall be that amount determined by the Department as necessary to meet the bonding requirements established by the Department for a permittee. (2) The trust fund or annuity shall be in a form and contain terms and conditions as required by the Department. At a minimum, trust fund or annuity shall provide that: (i) The Department is irrevocably established as the beneficiary of the trust fund or of the proceeds from the annuity. (ii) Investment objectives of the trust fund or annuity shall be specified by the Department. (iii) Termination of the trust fund or annuity may occur only as specified by the Department. (iv) Release of money to the permittee from the annuity or trust fund may be made only upon written authorization of the Department. (3) A financial institution serving as a trustee or issuing an annuity shall be a state-chartered or national bank or other financial institution with trust powers or a trust company with offices located in this Commonwealth and whose activities are examined or regulated by a state or federal agency. An insurance company issuing an annuity shall be licensed or authorized to do business in this Commonwealth by the Insurance Commissioners or be designated by the Insurance Commissioner as an eligible surplus lines insurer. [(e)](g) Collateral shall be in the name of the permittee, and shall be pledged and assigned to the Department free of rights or claims. The pledge or assignment shall vest in the Department a property interest in the collateral which shall remain until released under the terms of this chapter, and will not be affected by the bankruptcy, insolvency or other financial incapacity of the operator, as allowed by law. The Department will ensure that ownership rights to deposited collateral are established to make the collateral readily available upon forfeiture. The Department may require proof of ownership and other means, such as secondary agreements, as it deems necessary to meet the requirements of this chapter.
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§86.161. Phased deposits of collateral. A permittee for a long-term mining operation or facility may post a collateral bond for a permit area according to the following requirements: (1) The permittee shall submit a collateral bond to the Department. (2) The permittee shall deposit ¤10,000 or 25%, whichever is greater, of the total amount of bond determined under §§86.148--86.152 (relating to amount and duration of liability) in approved collateral with the Department. (3) The permittee shall submit a schedule agreeing to deposit a minimum of 10% of the remaining amount of bond, in approved collateral in each of the next 10 years or in a proportion so that final payment is made by the date required by the Department. The entire bond amount shall be submitted by the operator no later than the actual or expected completion of operations at the mine or the facility. An annual payment becomes due on the anniversary date of the issuance of the permit, unless otherwise established by the Department. A payment shall be accompanied by appropriate bond documents required by the Department. Interest accumulated by phased deposits of collateral shall become part of the bond, and may be used to reduce the amount of the final phased deposit.
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§86.168. Terms and conditions for liability insurance. (a) A permittee shall submit proof of liability insurance coverage before a permit or license is issued. The proof may consist of either a certificate filed at the time of license application and renewal thereof, or, otherwise annually filed with the Department certifying that the permittee has a public liability insurance policy in force covering all of the permittee's mining and reclamation operations in this Commonwealth. (b) The insurance shall be written on an occurrence basis and shall provide for [personal] bodily injury and property damage protection in a total amount determined by the Department on a case by case basis, and adequate to compensate persons injured or property damaged as a result of the permittee's mining and reclamation operation and entitled to compensation under Pennsylvania law. (c) The insurance shall include and the certificate shall provide a rider covering [personal] bodily injury and property damage from the use of explosives if explosives are to be used by the permittee and loss or diminution in quantity or quality of public or private sources of water. The limits of the rider shall be at least equivalent to the limits of the general liability portion of the policy. (d) The insurance shall include a rider requiring that the insurer notify the Department [whenever] 30 days prior to substantive changes [are] being made in the policy, [including] or prior to termination or failure to renew. (e) Minimum insurance coverage for bodily injury shall be ¤[300,000] 500,000 per person and ¤[500,000] ¤1 million aggregate; and minimum insurance coverage for property damage shall be ¤[300,000] 500,000 for each occurrence and ¤[500,000] ¤1 million aggregate. (f) The insurance coverage shall be maintained in full force for the duration of the permittee's mining and reclamation operation. The permittee shall submit proof of the coverage annually. If a permittee fails to maintain the insurance, the Department will issue a [notice of violation] license or permit suspension to the permittee [requiring] which requires cessation of mining operations until the permittee [to submit] submits proof of insurance coverage. (g) A bond or an individual insurance policy as required under subsection (c) for each permit may be provided in lieu of liability insurance to cover replacement or restoration of water supplies.
* * * * * RELEASE OF BONDS
§86.171. Procedures for seeking release of bond. (a) The permittee, or any other person having an interest in the bond, may file an application with the Department [for] to release [of] all or part of the bond liability applicable to a permit or designated phase of permit area after reclamation, restoration and abatement work in a reclamation stage, as defined in §86.172 (relating to criteria for release of bond) has been completed on the permit area or designated phase of a permit area subject to the following conditions: (1) Applications may only be reviewed at times or seasons that allow the Department to properly evaluate the reclamation operations alleged to have been completed. (2) The application shall include copies of letters sent to surface owners, adjoining property owners, local government bodies, planning agencies, and sewage and water treatment facilities or water authorities or companies in the locality of the permit area, notifying them of the permittee's intention to seek release of bond. These letters shall be sent before the permittee files the application for release. (3) Within 60 days after filing the application for release, the permittee shall submit proof of publication of the advertisement required by subsection (b). The proof of publication shall be considered part of the bond release application. If the proof of publication is not received within 60 days after filing the application for release of bond, it will be considered incomplete and the Department may return the application with no further action. (b) At the time of filing an application under this section, the permittee shall advertise the filing of the application in a newspaper of general circulation in the locality of the permit area. The advertisement shall: (1) Be placed in the newspaper at least once a week for 4 consecutive weeks. (2) Show the name of the permittee, including the number and date of issuance or renewal of the permit. (3) Show the precise location and the number of acres of the lands subject to the application. (4) Show the total amount of bond in effect for the permit area and the amount for which release is sought. (5) Summarize the reclamation, restoration or abatement work done, including, but not limited to, backstowing or mine sealing, if applicable, and give the dates of completion of the work. (6) Identify any postmining pollutional discharges and describe the type of treatment to be provided for the discharges. [(6)](7) State that written comments, objections and requests for a public hearing or informal conference may be submitted to the appropriate office of the Department, provide the address of that office and the closing date by which comments, objections and requests shall be received. (c) Written objections to the proposed bond release and requests for an informal conference may be filed with the Department by an affected person within 30 days following the last advertisement of the filing of the application. For the purpose of this section, an affected person is one or more of the following: (1) A person with a valid legal interest which might be adversely affected by bond release. (2) The responsible officer or head of a Federal, State or local government agency which meets one or more of the following: (i) Has jurisdiction by law or special expertise with respect to an environmental, social or economic impact involved. (ii) Is authorized to develop and enforce environmental standards with respect to mining activities. (d) The Department will inspect and evaluate the reclamation work involved within 30 days after receiving a completed application for bond release, or as soon thereafter as possible. The surface owner, agent or lessee shall be given notice of the inspection and may participate with the Department in making the bond release inspection. (e) The Department will schedule a conference if written objections are filed and a conference is requested. The conference shall be held in the locality of the permit area for which bond release is sought. (1) Notice of an informal conference shall be published in a newspaper of general circulation in the locality of the conference, at least 2 weeks before the date of the conference. (2) The informal conference shall be held within 30 days from the date of request for conference, except that requests for an informal conference that are filed prior to the 10th day following the final newspaper advertisement shall have a constructive date of filing as the 10th day following the final newspaper advertisement. (3) An electronic or stenographic record may be made of the conference and the record maintained for access by the parties, until final release of the bond, if requested in advance by one or more of the parties of the conference. (f) Departmental review and decision will be as follows: (1) The Department will consider during inspection, evaluation, hearing and decision: (i) Whether the permittee has met the criteria for release of the bond under §86.172. (ii) Whether the permittee has satisfactorily completed the requirements of the reclamation plan, or relevant portion thereof, and complied with the requirements of the acts, regulations thereunder and the conditions of the permit, and the degree of difficulty in completing remaining reclamation, restoration or abatement work. (iii) Whether pollution of surface and subsurface water is occurring, the probability of future pollution or the continuance of present pollution, and the estimated cost of abating pollution. (2) If no informal conference has been held under subsection (e), the Department will notify the permittee and other interested parties, and the municipality in which the mining activity is located, in writing of its decision to release or not to release all or part of the bond within 60 days of the date of filing of the application. (3) If there has been an informal conference held under subsection (e), the notification of the decision shall be made to the permittee, and other interested parties, and the municipality in which the mining activity is located or the nearest town, city or other municipality, within 30 days after conclusion of the conference. (4) The notice of the decision shall state the reasons for the decision, recommend corrective actions necessary to secure the release and notify the permittee and the interested parties of their right to request a public hearing in accordance with subsection [(g)](h). (g) If the permittee is unwilling or unable to request bond release, and if the criteria for bond release have been satisfied, the Department may release the bond by the following the procedures of Subsections (a)(2), (b), (d), (e) and (f). [(g)](h) Following receipt of the decision of the Department under subsection (f), the permittee or an affected person may appeal. Appeals shall be filed with the EHB under section 4 of the Environmental Hearing Board Act of 1988 (35 P. S. §7514) and according to the requirements of Chapter 21 (relating to Environmental Hearing Board). §86.172. Criteria for release of bond. (a) The Department may release all or part of a bond under §86.175 (relating to schedule for release of bond) if it is satisfied that the entire permit area or portion of a permit area has been reclaimed to the standards in §86.174 (relating to standards for release of bonds). b) The release or adjustment of a bond or portion of a bond does not relieve the operator of further reclamation liability on the permit area. (c) The Department will not release or adjust bonds if the release or adjustment would reduce the amount of bond to less than that necessary for the Department to complete the approved reclamation plan; achieve compliance with requirements of the acts, regulations thereunder and the conditions of the permits; and abate significant environmental harm to air, water or land resources or danger to the public health and safety which may occur prior to the release of bonds from the permit area. The Department will retain sufficient bond amounts as follows: (1) When the permit includes an alternative postmining land use plan approval under §87.159, §88.133, §88.221, §88.334, §88.492, §89.88 or §90.166, the Department will retain sufficient bond amounts for the Department to complete additional work which would be required to achieve compliance with the general standards for revegetation in §87.155, §88.129, §88.217, §88.330, §88.492, §89.86 or §90.159, if the permittee fails to implement the approved alternative postmining land use plan. (2) When a minimal-impact postmining discharge or a postmining pollutional discharge emanates from or is hydrologically connected to a mine site, the Department will retain a bond sufficient to assure sound future treatment of the discharge for at least 50 years. §86.173. [Reserved] §86.174. Standards for release of bonds. (a) When the entire permit area or a portion of a permit area has been backfilled and regraded to the approximate original contour or approved alternative, [and] when drainage controls have been installed in accordance with the approved reclamation plan, and the permittee has made provisions with the Department for the sound future treatment of minimal-impact postmining discharges or postmining pollutional discharges emanating from or is hydrologically connected to a mine site, Stage [I]1 reclamation standards have been met. (b) When the entire permit area or a portion of the permit area meets the following standards, Stage 2 reclamation has been achieved: (1) Topsoil has been replaced and revegetation has been established in accordance with the approved reclamation plan and the standards for the success of revegetation are met. (2) The reclaimed lands are not contributing suspended solids to stream flow or runoff outside the permit area in excess of their requirements of the acts, regulations thereunder or the permit. (3) The permittee has made provisions with the Department for the sound future treatment of minimal-impact postmining discharges or postmining pollutional discharges emanating from or hydrologically connected to a mine site. [(3)](4) If prime farmlands are present, the soil productivity has been returned to the required level when compared with nonmined prime farmland in the surrounding area, to be determined from the soil survey performed under the reclamation plan approved in Chapters 87--90. [(4)](5) If a permanent impoundment has been approved as an alternative postmining land use, the plan for management of the permitted impoundment has been implemented to the satisfaction of the Department. (c) When the entire permit area or a portion of the permit area meets the following performance standards, Stage 3 reclamation has been achieved: (1) The permittee has successfully completed mining and reclamation operations in accordance with the approved reclamation plan so that the land is capable of supporting postmining land use approved under §§87.159, 88.133, 89.88 and 90.166. (2) The permittee has achieved compliance with the requirements of the acts, regulations thereunder, the conditions of the permit and the applicable liability period under §86.151 (relating to period of liability) has expired. (3) The permittee has made provisions with the Department for the sound future treatment of minimal-impact postmining discharges and postmining pollutional discharges emanating from or hydrologically connected to a mine site. (d) The Department will consider that provisions have been made by the permittee for sound future treatment of a postmining pollutional discharge when: (1) Treatment facilities and management practices have been installed and the discharge meets the applicable effluent requirements of §87.102, §87.207, §88.92, §88.187, §88.292, §88.507, §89.52 or §90.102. (2) Sufficient time has elapsed to enable the permittee and the Department, following a sampling protocol approved by the Department, to fully characterize the quantity and quality of the discharge and to demonstrate that the discharge from the treatment facilities and management practices will meet the applicable effluent requirements. (3) A trust fund, in an amount sufficient to achieve the requirements of §86.149(b)(6) (relating to determination of bond amount) has been posted for the discharge, as follows: (i) The amount of the trust fund shall be the sum of the present values of the components described in §86.149(b)(6)(i)-(v). Formula 1 shall be used to determine the present value of the future cost of replacement of treatment facilities and management practices. Formula 2 shall be used to determine the present value of the long-term costs of operating and maintaining the treatment facilities and monitoring the discharge to determine compliance with effluent requirements. Formula 1 = (1 + E)a (CAP) / (1 + I)a Formula 2 = (OM) (C) (1 + i [1 - (1 + E)n / (1 + i)n] / i - E (ii) The terms in each formula are defined as follows: E=0.04 = The long-term annual rate of inflation of 4% I=0.07 = The long-term annual investment interest rate of 7% A = 25 years CAP = The initial cost of constructing and installing the necessary treatment facilities and management practices N = 50 years OM = The initial annual cost of operating and maintaining the treatment facilities and management practices and monitoring the discharge C = a contingency factor of 15% (e) The Department will consider that provisions have been made for sound future treatment of a minimal impact postmining discharge when: (1) A functioning passive treatment system has been installed, approved by the Department, and the discharge meets the applicable effluent requirements of §87.102, §87.207, §88.92, §88.292, or §88.507. (2) Sufficient time has elapsed to enable the permittee and the Department, following a sampling protocol approved by the Department, to fully characterize the quantity and quality of the discharge and to demonstrate that the discharge from the passive treatment system will meet the applicable effluent requirements. (3) A trust fund, the amount of which shall be determined in accordance with subsection (d)(3), but in no case less than ¤10,000, has been posted for the discharge. [(d) Standards] (f)Additional standards for release of bonds for underground mining operations are as follows: release of the bond posted for mine subsidence, 10 years after completion of mining and reclamation. §86.175. Schedule for release of bond. (a) The Department will not release any portion of the liability under bonds applicable to a permit area or designated phase of a permit area until it finds that the permittee has [accomplished the reclamation schedule of this section.] complied with the requirements of §§86.171, 86.172 and 86.174. (relating to procedures for seeking release of bond; criteria for release of bond; and standards for release of bonds) (b) The amount of bonds applicable to a permit area or designated phase of a permit area which may be released shall be calculated on the following basis: (1) Release of an amount not to exceed 60% of the total bond amount on the permit area or designated phase of a permit area upon completion and approval by the Department of Stage I reclamation. (2) Release of an additional amount not to exceed 25% of the total original bond amount on the permit area or designated phase of a permit area upon completion and approval by the Department of Stage 2 reclamation but retaining an amount of bond coverage sufficient to reestablish vegetation and reconstruct drainage structures on the entire permit area. (3) Release of the remaining portion of the total bond on the permit area or designated phase of a permit area after standards of Stage 3 reclamation have been attained [and final inspection and procedures of §86.171 (relating to procedures for seeking release of bond) have been satisfied].
* * * * * BOND FORFEITURE
§86.182. Procedures. (a) If forfeiture of the bond is required, the Department will: (1) Send written notification by mail to the permittee, and the surety on the bond of the Department's determination to forfeit the bond and the reasons for the forfeiture. (2) Advise the permittee and surety of their right to appeal to the EHB under section 4 of the Environmental Hearing Board Act of 1988 (35 P. S. §7514). (3) Notify the surety of the requirement to pay the amount of the forfeited bond over to the Department within thirty (30) days after notice by certified mail from the Department. The money shall be held in escrow with any interest accruing to the Department pending the resolution of any appeals. If it is determined, by a court of competent jurisdiction, after exhaustion of appeals, that the Commonwealth was not entitled to all or a portion of the amount forfeited, the interest shall accrue proportionately to the surety in the amount determined to be improperly forfeited by the Department. [(3)](4) Proceed to collect on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this section, if timely appeal is not filed or if an appeal is filed and the appeal is unsuccessful.
* * * * * Subchapter G.. CIVIL PENALTIES FOR COAL MINING ACTIVITIES GENERAL PROVISIONS
§86.195. Penalties against corporate officers. (a) The Department may assess a civil penalty against a corporate officer who participates in a violation or whose misconduct or intentional neglect causes or allows a violation. (b) Whenever the Department issues an order to an operator for failing to abate violations contained in a previous order, it will send by certified mail to each corporate officer listed in the surface mining operator's license application under §[87.14] 86.353 (relating to identification of ownership), or to each corporate officer listed in a coal mining activities application under §86.62 (relating to identification of interests), a copy of the failure to abate order and a notice of the officer's liability under this section. If the violations are not abated within 30 days of issuance of the failure to abate order, the Department may assess a civil penalty against each officer receiving the notice provided by this subsection.
* * * * * Subchapter K. MINE OPERATOR'S LICENSE
Sec. 86.351. License requirement. 86.352. Surface mining operator's license application. 86.353. Identification of ownership. 86.354. Public liability insurance. 86.355. Compliance information. 86.356. Criteria for approval of application. 86.357. License renewal requirements. 86.358. Informal conference. 86.359. Suspension and revocation. 86.360. Fees. §86.351. License requirement. A person who intends or proceeds to mine coal as an operator within this Commonwealth shall first obtain a mine operator's license from the Department. §86.352. Mine operator's license application. Application for license shall be made in writing on forms prepared and furnished by the Department and contain information pertaining to: (1) Identification of ownership. (2) Public liability insurance. (3) Compliance information. §86.353. Identification of ownership. The application shall indicate whether the applicant is a corporation, partnership, sole proprietorship, association or other business entity. For all entities, the application shall contain the following information, as applicable, for each person who owns or controls the applicant under the definition of "owned or controlled" or "owns or controls" in §86.1 (relating to definitions) except that the submission of a Social Security number is voluntary: (1) The name, address, Social Security number and employer identification number of every: (i) Officer. (ii) Partner. (iii) Associate. (iv) Shareholder of at least 10% of the voting stock. (v) Director. (vi) Other person performing a function similar to a director of the applicant. (vii) Contractor and subcontractor. (viii) Person having the ability to commit the financial or real property assets or working resources of an entity. (ix) Person owning or controlling the coal to be mined under the proposed permit under a lease, sublease or other contract, and having the right to receive the coal after mining or having authority to determine the manner in which the proposed mining activity is to be conducted. (x) Person who has another relationship with the permit applicant which gives the person authority directly or indirectly to determine the manner in which the proposed mining activity is to be conducted. (xi) Person who owns or controls the persons specified in subparagraphs (i)-(x), either directly or indirectly through intermediary entities. (2) For each person listed in paragraph (1) the following: (i) The title of the person's position. (ii) The date the position or stock ownership was assumed,and if applicable, date of departure from the position or date of sale of stock. (iii) The percentage of ownership. (iv) The location in the organizational structure. (v) The relationship to the applicant. (3) The following related entity information: (i) The names of companies who, under the definition of "owned or controlled" or "owns or controls" in §86.1, own or control the applicant or who are owned or controlled by the applicant and provide the following information for each entity: (A) Identifying numbers, including employer identification numbers, Federal or State permit numbers and Mine Safety and Health Administration (MSHA) numbers with date of issuance for each permit. (B) The application number or other identifier of and the regulatory authority for any other pending mining operation permit application filed by the entity in any other state. (C) The name, address, Social Security number and employer identification number of every officer, partner, associate, principal shareholder, director, or other person performing a function similar to director of the applicant, including the title of the person's position and the date the position was assumed,and if applicable, the date of departure from the position or date of sale of stock. (ii) For each person listed in paragraph (1), who is, or has been, associated with another company as an owner or controller, under the definition of "owned or controlled" and "owns or controls" in §86.1, within the 5-year period preceding the date of application, provide the following information: (A) The name of each entity they are, or were, associated with. (B) The identifying numbers, including employer identification numbers, Federal or State permit numbers and MSHA numbers with date of issuance for each permit. (C) The application number or other identifier of and the regulatory authority for other pending mining operation permit applications filed by the entity with which the person is affiliated in other states. §86.354. Public liability insurance. The applicant shall provide a certificate of insurance for the term of the license covering all surface mining activities of the applicant in this Commonwealth and in accordance with §86.168 (relating to terms and conditions for liability insurance). §86.355 Compliance information. The applicant shall provide a statement of whether the applicant or any person listed under §86.353 (relating to identification of ownership) has had a permit, in connection with a coal mining activity, suspended or revoked in the last 5 years or has forfeited a mining bond; and a listing of each violation for which the applicant has been found responsible in any adjudicated proceeding, agreement, consent order or decree, or which resulted in a cease order or an assessment of a civil penalty, and status thereof, pertaining to air or water environmental protection, received in connection with any coal mining operation during the last 3 years. §86.356. Criteria for approval of application. (a) The Department will not issue, renew or amend the license of a mine operator if, after investigation and an opportunity for an informal conference, it finds one or more of the following: (1) The applicant has failed, and continues to fail, to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person's bonds. The Department will consider the applicant to be in compliance, for purposes of determining whether the license shall be issued, renewed or amended, when the applicant is in compliance with a schedule approved by the Department in writing. (2) The applicant has shown a lack of ability or intention to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by written notice from the Department of a declaration of forfeiture of a person's bonds. (3) The applicant has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has failed and continues to fail to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person's bonds. The Department will consider the applicant to be in compliance, for purposes of determining whether the license shall be issued, renewed or amended, when the conduct is being corrected to the satisfaction of the Department in accordance with a schedule approved by the Department in writing. (4) The applicant has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has shown a lack of ability or intention to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person's bonds. (b) The Department will issue a notice of intention not to issue, renew or amend a license for the reasons in subsection (a). (c) Prior to the final action of not issuing, renewing, or amending a license, the Department will notify the applicant, in writing, of the intention not to issue, renew or amend the license, and the opportunity for an informal conference. (d) A person who opposes the Department's decision on issuance, renewal or amendment of a license has the burden of proof. (e) For the purposes of this section, "adjudicated proceeding" means a final unappealed order of the Department or a final order of the EHB or other court of competent jurisdiction. §86.357. License renewal requirements. (a) A person licensed as a mine operator shall renew the license annually according to the schedule established by the Department. (b) The application for renewal shall be made at least 60 days before the current license expires. (c) If the Department intends not to renew a license, the Department will notify the licensee a minimum of 60 days prior to expiration of the license. Nothing in this section prevents the Department from not renewing the license for violations occurring or continuing within this 60-day period if the Department provides an opportunity for an informal conference. §86.358. Informal conference. (a) If the applicant requests an informal conference, the applicant shall, within 15 days of receipt of notice under §86.356(c) (relating to criteria for approval of application), request, in writing, that the Department hold an informal conference to provide the applicant with an opportunity to informally discuss the Department's intention not to issue, renew or amend the license. (b) If the applicant requests an informal conference under this section, the license shall remain in effect until the Department has made its decision after the informal conference. §86.359. Suspension and revocation. (a) The Department may suspend or revoke a license for cause, including but not limited to: (1) Failure to comply with a notice of violation. (2) Failure to comply with an order of the Department for which a supersedeas has not been granted. (3) Failure to comply with the conditions of a permit. (4) Failure to comply with The Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1391.1-1396.14a) or the regulations thereunder. (b) If the Department intends to revoke or suspend a license, it will provide an opportunity for an informal conference before suspending or revoking a license. The Department will notify the licensee of its intent to revoke or suspend a license and of the opportunity for an informal conference at least 15 days prior to revoking or suspending the license, unless the Department determines that a shorter period is in the public interest. §86.360. Fees. (a) The application for licensure or renewal of licensure shall be accompanied by a fee of ¤50 in the case of persons mining 2,000 tons or less of marketable coal per year, a fee of ¤500 in the case of persons mining more than 2,000 or up to 300,000 tons of marketable coal per year and a fee of ¤1,000 for all others. (b) Once the Department makes a final decision concerning issuance or denial of a mine operator's license, the fee is not refundable.
CHAPTER 87. SURFACE MINING OF COAL Subchapter B. (Reserved)
Editor's Note: Sections 87.11 - 87.21 Which appear at 25 Pa. Code pages 87-10--87-17, serial numbers (198922) - (198922) are proposed to be deleted from Chapter 87. With the exception of Section 87.11, the text has been relocated to Chapter 86, Subchapter K. (relating to mine operator's license, §§86.351 - 86.360. The definitions in §87.11 either already appear in §86.1 or are no longer needed.)
§§ 87.11--87.21 (Reserved) SUBCHAPTER E. SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
§87.102. Hydrologic balance: effluent standards. (a) Discharge of water. A person may not allow a discharge of water from an area disturbed by coal mining activities, including areas disturbed by mineral preparation, processing, or handling facilities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30 day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0mg/l 4.0 mg/l suspended solids 35mg/l 70 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1This parameter is applicable at all times
Group B
Parameter Instantaneous Maximum iron (total) 7.0 mg/l manganese (total) 4.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
pH greater than 6.0; less than 9.0 alkalinity greater than acidity (b) Effluent limitations and precipitation exemptions. Effluent limitations and precipitation exemptions are as follows: (1) The discharges specified in this subsection shall comply with the following effluent limitations: Precipitation Effluent Type Discharge Event Limitations Pit Water all Group A Surface runoff dry weather Group A from active area less than or equal to 10yr-24hr Group B greater than 10yr-24hr Group C Surface runoff from dry weather Group A area where Stage II less than or equal to 10yr-24hr Group B standards achieved greater than 10yr-24hr Group C All other discharges dry weather Group A less than or equal to 10yr-24hr Group B greater than 10yr-24hr Group C (2) To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §87.103 (relating to precipitation event exemption). (c) Exceptions to effluent limitations. (1) The pH of discharges of water shall be maintained between 6.0 and 9.0, except in the following circumstances: (i) When the discharger can show the water is discharged to an acid stream, in which cases the pH may be greater than 9.0. (ii) When the discharger affirmatively demonstrates, in writing, to the Department that biological respiration in the wastewater treatment system will cause the discharge to exceed the limits set forth in this section and that exceeding these limits will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Federal Water Pollution Control Act, known as the Clean Water Act of 1977. 33 U.S.C.A. §§1251-1376, in which case the Department may grant a variance in writing from the limitation set forth in this section. (iii) When the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall, and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act, the Department may grant a variance from this limitation. (2) When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10 mg/l, the manganese limitation does not apply. (d) If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge. (e) Postmining pollutional discharges (1) When a postmining pollutional discharge emanates from or is hydrologically connected to a surface mining activity site, a person shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including modifications authorized or required under subsections (c), (d) or (f). (2) The person shall provide long-term treatment in accordance with a plan and schedule approved by the Department which will comply with the following effluent requirements: (i) Before Stage 2 reclamation standards are achieved for the entire site, a person shall comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsections (c), (d) or (f). (ii) After Stage 2 reclamation standards have been achieved for the entire site, a person shall comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsections (c), (d) or (f), for postmining pollutional discharges which are not amenable to passive treatment. (iii) After Stage 2 reclamation standards have been achieved for the entire site, a person may comply with the effluent and management practice requirements in paragraphs (3) and (4) for postmining discharges amenable to passive treatment. If a person elects not to comply or is unable to comply with the effluent and management requirements in paragraphs (3) and (4), the person shall comply with the Group A effluent requirements in subsection (a) including modifications authorized or required under subsections (c), (d) or (f). (iv) For purposes of this subsection, a postmining discharge which is amenable to passive treatment is one of the following: (A) A discharge with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity. (B) A discharge with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute. (C) A discharge with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity. (3) A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements: (i) The system shall reduce the iron concentration by at least 90% when the untreated iron concentration is greater than or equal to 10 mg/l, or reduce the iron concentration by at least 75% when the untreated iron concentration is less than 10 mg/l. (ii) The system shall produce effluent alkalinity which exceeds effluent acidity. (4) In addition to achieving the effluent requirements of paragraphs (2) and (3), the person shall institute the following management practices in conjunction with installing and operating the necessary passive treatment facilities: (i) The passive treatment system shall be designed and constructed to accomplish the following: (A) Prevent discharge of mine drainage into the groundwater. (B) Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system. (C) Treat the highest daily flow rate which occurs during a twelve month period. (ii) The passive treatment system shall have inlet and outlet structures which will allow for flow measurement and water sampling. (iii) The passive treatment system shall be constructed to protect it to the maximum extent practicable from physical damage, and associated loss of effectiveness, due to wildlife and vandalism. (5) The passive treatment system shall be of such capacity that it will operate effectively and achieve the required effluent quality for at least 25 years before needing to be replaced. (6) The passive treatment system shall be designed by, and constructed under the supervision of, a qualified licensed professional knowledgeable in the subject of passive treatment of mine drainage. The term "licensed professional" includes a professional engineer, professional land surveyor or professional geologist licensed to practice within the Commonwealth. [(e)](f) In addition to the requirements of subsections (a)--[(d)] (e), the discharge of water from areas disturbed by mining activities shall comply with this title, including Chapters 91-93, 95, 97, 101 and 102.
CHAPTER 88. ANTHRACITE COAL SUBCHAPTER B. SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
§88.92. Hydrologic balance: effluent standards. (a) Groups of effluent criteria. No person may allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30-day daily instantaneous parameter average maximum maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l suspended solids 35 mg/l 70 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1The parameter is applicable at all times.
Group B
parameter instantaneous maximum iron (total) 7.0 mg/l manganese (total) 4.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
pH greater than 6.0; less than 9.0 alkalinity greater than acidity (b) Effluent limitations and precipitation exemptions. Effluent limitations and precipitation exemptions are as follows: (1) The discharges specified in this subsection shall comply with the effluent limitations set forth as follows: Precipitation Effluent Type Discharge Event Limitations Pit Water all Group A Surface runoff dry weather Group A from active area less than or equal to 10yr-24hr Group B greater than 10yr-24hr Group C Surface runoff from dry weather Group A area where Stage II less than or equal to 10yr-24hr Group B standards achieved greater than 10yr-24hr Group C All other discharges dry weather Group A less than or equal to 10yr-24hr Group B greater than 10yr-24hr Group C (2) To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §88.93 (relating to precipitation event exemption). (c) Exceptions to effluent limitations. Exemptions to effluent limitations are as follows: (1) The pH of discharges shall be maintained between 6.0 and 9.0 except in the following circumstances: (i) Where the wastes are discharged to an acid stream, in which cases the pH may be greater than 9.0. (ii) When the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act of 1977, act of December 27, 1977 (Pub. L. No. 95-217, 91 Stat. 1566-1609), the Department may grant a variance from this limitation. (2) When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/1, the manganese limitation does not apply. (d) Single facilities used for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge. (e) Postmining pollutional discharges (1) When a postmining pollutional discharge emanates from or is hydrologically connected to a surface mining activity site, a person shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsections (c), (d) or (f). (2) The person shall provide long-term treatment in accordance with a plan and schedule approved by the Department which complies with the following effluent requirements: (i) Before Stage 2 reclamation standards are achieved for the entire site, a person shall comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsections (c), (d) or (f). (ii) After Stage 2 reclamation standards have been achieved for the entire site, a person shall comply with the Group A effluent requirements set forth in subsection (a), including modifications authorized or required under subsections (c), (d) or (f), for postmining pollutional discharges which are not amenable to passive treatment. (iii) After Stage 2 reclamation standards have been achieved for the entire site, a person may comply with the effluent and management practice requirements in paragraphs (3) and (4) for postmining discharges amenable to passive treatment. If a person elects not to comply or is unable to comply with the effluent and management requirements set forth in paragraphs (3) and (4), the person shall comply with the Group A effluent requirements in subsection (a) including modifications authorized or required under subsections (c), (d) or (f). (iv) For purposes of this subsection, a postmining discharge which is amenable to passive treatment is: (A) A discharge with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity. (B) A discharge with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute. (C) A discharge with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity. (3) A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements: (i) The system shall reduce the iron concentration by at least 90% when the untreated iron concentration is greater than or equal to 10 mg/l, or reduce the iron concentration by at least 75% when the untreated iron concentration is less than 10 mg/l. (ii) The system shall produce effluent alkalinity which exceeds effluent acidity. (4) In addition to achieving the effluent requirements of paragraphs (2) and (3), the person shall institute the following management practices in conjunction with installing and operating the necessary passive treatment facilities: (i) The passive treatment system shall be designed and constructed to accomplish the following: (A) Prevent discharge of mine drainage into the groundwater. (B) Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system. (C) Treat the highest daily flow rate which occurs during a 12-month period. (ii) The passive treatment system shall have inlet and outlet structures which will allow for flow measurement and water sampling. (iii) The passive treatment system shall be constructed to protect it to the maximum extent practicable from physical damage, and associated loss of effectiveness, due to wildlife and vandalism. (5) The passive treatment system shall be of such capacity that it will operate effectively and achieve the required effluent quality for at least 25 years before needing to be replaced. (6) The passive treatment system shall be designed by, and constructed under the supervision of, a qualified licensed professional knowledgeable in the subject of passive treatment of mine drainage. The term "licensed professional" includes a professional engineer, professional land surveyor or professional geologist licensed to practice within the Commonwealth. [(e)](f) In addition to the requirements of subsections (a)--[(d)] (e), the discharge of water from areas disturbed by mining activities shall comply with Chapters 91-93, 95, 97, 101 and 102.
SUBCHAPTER C. ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
§88.187. Hydrologic balance: effluent standards. (a) Groups of effluent criteria. No person may allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b).
Group A
30-day daily instantaneous parameter average maximum maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l suspended solids 35 mg/l 70 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1The parameter is applicable at all times.
Group B
parameter instantaneous maximum iron (total) 7.0 mg/l manganese (total) 4.0 mg/l settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity
Group C
pH greater than 6.0; less than 9.0 alkalinity greater than acidity (b) Effluent limitations and precipitation exemptions. Effluent limitations and precipitation exemptions are as follows: (1) The discharges specified in this subsection shall comply with the effluent limitations set forth as follows: Precipitation Effluent Type Discharge Event Limitations Pit Water all Group A Surface runoff dry weather Group A from active area less than or equal to 10yr-24hr Group B greater than 10yr-24hr Group C Surface runoff from dry weather Group A area where Stage II less than or equal to 10yr-24hr Group B standards achieved greater than 10yr-24hr Group C All other discharges dry weather Group A less than or equal to 10yr-24hr Group B greater than 10yr-24hr Group C (2) To be entitled to the effluent limitations in Group B or Group C, the permittee shall comply with §88.188 (relating to precipitation event exemption). (c) Exceptions to effluent limitations. Exemptions to effluent limitations are as follows: (1) The pH of discharges shall be maintained between 6.0 and 9.0 except in the following circumstances: (i) Where the wastes are discharged to an acid stream, in which cases the pH may be greater than 9.0. (ii) When the discharger affirmatively demonstrates to the Department that the wastewater treatment process being used by the discharger requires the pH to be raised above 9.0, that the elevated pH will not cause a safety hazard at the outfall and that the elevated pH will not result in a violation of applicable water quality standards in Chapter 93 (relating to water quality standards) or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Clean Water Act of 1977, act of December 27, 1977 (Pub. L. No. 95-217, 91 Stat. 1566-1609), the Department may grant a variance from this limitation. (2) When a discharge without chemical or biological treatment has a pH greater than 6.0 and a total iron concentration of less than 10.0 mg/1, the manganese limitation does not apply. (d) Single facilities used for sediment and erosion control. If a single facility is used for sediment and erosion control facilities and treatment facilities covered by this section, the concentration of each pollutant in the combined discharge may not exceed the most stringent limitations for that pollutant applicable to a component waste stream of the discharge. (e) Postmining pollutional discharges (1) When a postmining pollutional discharge emanates from or is hydrologically connected to a surface mining activity site, a person shall immediately provide interim treatment to comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsections (c), (d) or (f). (2) The person shall provide long-term treatment in accordance with a plan and schedule approved by the Department which will comply with the following effluent requirements: (i) Before Stage 2 reclamation standards have been achieved for the entire site, a person shall comply with the Group A effluent requirements in subsection (a), including any modifications authorized or required under subsections (c), (d) or (f). (ii) After Stage 2 reclamation standards have been achieved for the entire site, a person shall comply with the Group A effluent requirements set forth in subsection (a), including modifications authorized or required under subsections (c), (d) or (f), for postmining pollutional discharges which are not amenable to passive treatment. (iii) After Stage 2 reclamation standards have been achieved for the entire site, a person may comply with the effluent and management practice requirements in paragraphs (3) and (4) for postmining discharges amenable to passive treatment. If a person elects not to comply or is unable to comply with the effluent and management requirements set forth in paragraphs (3) and (4), the person shall comply with the Group A effluent requirements in subsection (a) including modifications authorized or required under subsections (c), (d) or (f). (iv) For purposes of this subsection, a postmining discharge which is amenable to passive treatment is: (A) A discharge with a pH which is always greater than 6.0 and an alkalinity which always exceeds the acidity; (B) A discharge with an acidity which is always less than 100 milligrams per liter, an iron content which is always less than 10 milligrams per liter, a manganese content which is always less than 18 milligrams per liter and a flow rate which is always less than 3 gallons per minute; or (C) A discharge with a net acidity always less than 300 milligrams per liter which is calculated by subtracting the alkalinity of the discharge from its acidity. (3) A passive treatment system authorized under paragraph (2) shall comply with the following effluent requirements: (i) The system shall reduce the iron concentration by at least 90% when the untreated iron concentration is greater than or equal to 10 mg/l, or reduce the iron concentration by at least 75% when the untreated iron concentration is less than 10 mg/l. (ii) The system shall produce effluent alkalinity which exceeds effluent acidity. (4) In addition to achieving the effluent requirements of paragraphs (2) and (3), the person shall institute the following management practices in conjunction with installing and operating the necessary passive treatment facilities: (i) The passive treatment system shall be designed and constructed to accomplish the following: (A) Prevent discharge of mine drainage into the groundwater; (B) Prevent extraneous sources of groundwater and surface water runoff from entering the treatment system. (C) Treat the highest daily flow rate which occurs during a 12-month period. (ii) The passive treatment system shall have inlet and outlet structures which will allow for flow measurement and water sampling. (iii) The passive treatment system shall be constructed to protect it to the maximum extent practicable from physical damage, and associated loss of effectiveness, due to wildlife and vandalism. (5) The passive treatment system shall be of such capacity that it will operate effectively and achieve the required effluent quality for at least 25 years before needing to be replaced. (6) The passive treatment system shall be designed by, and constructed under the supervision of, a qualified licensed professional knowledgeable in the subject of passive treatment of mine drainage. The term "licensed professional" includes a professional engineer, professional land surveyor or professional geologist licensed to practice within the Commonwealth. [(e)](f) In addition to the requirements of subsections (a)--[(d)] (e), the discharge of water from areas disturbed by mining activities shall comply with Chapters 91-93, 95, 97, 101 and 102.