§ 90.5 SITE SELECTION AND PERMITTING.
    1. PRIOR TO APPLYING FOR A PERMIT TO CONDUCT COAL REFUSE DISPOSAL ACTIVITIES, THE APPLICANT SHALL COMPLY WITH SUBCHAPTER E (RELATING TO SITE SELECTION). THE DEPARTMENT’S TECHNICANL GUIDANCE DOCUMENT NUMBER 563-2113-660, TITLED, COAL REFUSE DISPOSAL – SITE SELECTION, SHALL BE USED FOR SELECTING A COAL REFUSE DISPOSAL SITE.

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§ 90.12. Geology.

[(a)] (a) The application shall include a description of the areal and structural geology within the proposed permit and adjacent area, including the lithology of the strata that influence the occurrence, availability, movement and quality of groundwater that may be affected by the coal refuse disposal [,]. [including the following:

(1)] For lands within the proposed permit and adjacent areas, the applicant shall provide a description of the geology with complementing maps and cross sections and the results of test borings[. and coal samplings. The description shall include the stratum immediately beneath the coal seam to be mined and all overlying strata, or, where an aquifer or existing deep mine below the lowest coal to be mined may be affected, the aquifer or existing deep mine and all overlying strata for mines underlain by existing deep mines and greater than 200 feet below surface drainage throughout the proposed mine, the description need only include the strata down to and including the stratum immediately below the coal seam to be mined]. THE DESCRIPTION SHALL INCLUDE THE STRATA DOWN TO AND INCLUDING ANY AQUIFER THAT MAY BE AFFECTED. At a minimum, the description shall include:

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  1. MAPS, CROSS SECTIONS, AND GEOLOGIC DESCRIPTIONS REQUIRED BY THIS SECTION SHALL BE PREPARED AND CERTIFIED BY A QUALIFIED REGISTERED PROFESSIONAL GEOLOGIST.

    2.  

     

    § 90.50. DESIGN CRITERIA: GROUNDWATER AND SURFACE WATER PROTECTION SYSTEM.

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  2. THE DEPARTMENT’S TECHNICAL GUIDANCE DOCUMENT NUMBER 563-2112-656, TITLED, LINERS – IMPOUNDMENTS, STOCKPILES, AND COAL REFUSE DISPOSAL AREAS, SHALL BE USED FOR DESIGNING COAL REFUSE DISPOSAL SITES INCORPORATING EARTHEN, ADMIXED OR SYNTHETIC LINERS OR CAPS FOR PREVENTING ADVERSE IMPACTS TO GROUNDWATER AND SURFACE WATER AND FOR PREVENTING PRECIPITATION FROM CONTACTING COAL REFUSE.
    3.

[(c)] (d) * * *

 

 

§ 90.122. Coal refuse disposal.

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(h) WHEN A PHASE OF THE COAL REFUSE DISPOSAL AREA REACHES CAPACITY, THE OPERATOR SHALL INSTALL [ THE DISPOSAL AREA SHALL BE PROVIDED WITH] A SYSTEM TO PREVENT PRECIPITATION FROM COMING IN CONTACT WITH THE COAL REFUSE IN THE COMPLETED PHASE. THE SYSTEM SHALL BE CONSTRUCTED IN ACCORDANCE WITH DESIGN SCHEMATICS, TEST RESULTS, DESCRIPTIONS, PLANS, MAPS, PROFILES OR CROSS-SECTIONS APPROVED IN THE PERMIT [ AND SHALL FUNCTION TO PREVENT PRECIPITATION FROM CONTACTING THE COAL REFUSE. THE SYSTEM SHALL BE INSTALLED AS PHASES OF THE DISPOSAL AREA REACH CAPACITY, AS SPECIFIED IN THE PERMIT, WHEN THE OPERATION TEMPORARILY CEASES FOR A PERIOD IN EXCESS OF 90 DAYS (UNLESS THE DEPARTMENT APPROVES A LONGER PERIOD, NOT TO EXCEED ONE YEAR) OR WHEN THE OPERATION PERMANENTLY CEASES]. During normal coal refuse disposal, the system is not required to prevent precipitation fROM coming in contact with the coal refuse being placed in phases of the operation that have not reached capacity. THE SYSTEM SHALL BE DESIGNED TO ALLOW FOR REVEGETATION OF THE SITE IN ACCORDANCE WITH THE STANDARD OF SUCCESS UNDER § 90.159 (RELATING TO REVEGETATION) AND FOR THE PREVENTION OF EROSION. IN THE EVENT THE OPERATOR TEMPORARILY CEASES OPERATION OF THE COAL REFUSE DISPOSAL AREA FOR A PERIOD IN EXCESS OF 90 DAYS (UNLESS THE DEPARTMENT, FOR REASONS OF LABOR STRIKE OR BUSINESS NECESSITY, APPROVES A LONGER PERIOD NOT TO EXCEED ONE YEAR) OR WHEN THE OPERATION PERMANENTLY CEASES, THE OPERATOR SHALL INSTALL THE SYSTEM TO PREVENT PRECIPITATION FROM COMING IN CONTACT WITH THE COAL REFUSE.

 

 

§ 90.201. Definitions.

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Search Area - [For a proposed coal refuse disposal site associated with an existing coal mining activity, it is the] THE geographic area within a one-mile radius of [the] AN existing coal preparation facility [. For a proposed coal refuse disposal site associated with a proposed coal mining activity, it is a] OR THE 25-square mile geographic area [around the] ENCOMPASSING A PROPOSED coal preparation facility. [In defining the 25-square mile area, consideration shall be given to environmental, technical, transportation, economic, and social factors.]

§ 90.202. General requirements.

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(b) THE APPLICANT IS REQUIRED TO DETERMINE WHETHER THE SEARCH AREA CONTAINS A PREFERRED SITE.

(1) FOR A NEW COAL REFUSE DISPOSAL AREA THAT WILL SUPPORT AN EXISTING COAL PREPARATION FACILITY, THE APPLICANT MUST EXAMINE THE GEOGRAPHIC AREA WITHIN A 1-MILE RADIUS OF THE EXISTING COAL PREPARATION FACILITY.

(2) FOR A PROPOSED COAL REFUSE DISPOSAL AREA THAT WILL SUPPORT A PROPOSED COAL PREPARATION FACILITY, THE APPLICANT MUST EXAMINE A 25-SQUARE MILE GEOGRAPHIC AREA ENCOMPASSING THE PROPOSED COAL PREPARATION FACILITY. IN DEFINING THE 25-SQUARE MILE AREA, CONSIDERATION SHALL BE GIVEN TO ENVIRONMENTAL, TECHNICAL, TRANSPORTATION, ECONOMIC, AND SOCIAL FACTORS WHERE APPLICABLE.

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