§ 1396.4f. Remining of previously affected areas
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining
52 P.S. § 1396.4f
§ 1396.4f. Remining of previously affected areas
(a) Any operator who proposes to remine an area on which there are preexisting pollutional discharges resulting from previous mining may request special authorization from the department to proceed to conduct surface coal mining activities under this section. Except1 as specifically modified by this section and the rules and regulations adopted hereunder, the provisions of this act shall apply to special authorizations to conduct surface coal mining activities on areas with preexisting pollutional discharges.
(1) a permit issued under section 4,2 except for permit transfers, after the effective date of this section if the request is made at the time of submittal of a permit application or prior to a department decision to issue or deny that permit; or
(d) Except as specifically modified by this section, an operator requesting special authorization under this section shall comply with the permit application requirements of section 4 and the regulations promulgated thereunder and shall also provide such additional information as required by the department relating to:
(A) Prior to final bond release, if the operator is in compliance with the pollution abatement plan, where the department demonstrates that the operator has caused the baseline pollution load to be exceeded. The department shall have the burden of proving that the operator caused the baseline pollution load to be exceeded.
(C) Subsequent to final bond release, where the department demonstrates that the operator has caused the baseline pollution load to be exceeded. The department shall have the burden of proving that the operator caused the baseline pollution load to be exceeded.3
(D) An allegation that the operator caused the baseline pollution to be exceeded under subclause (A), (b) or (c) shall not prohibit the department from issuing, renewing or amending the operator's surface mining license and permits or approving a bond release until a final administrative determination has been made of any such alleged violation.
(3) For purposes of this subsection, the term “encountered” shall not be construed to mean diversions of surface water and shallow groundwater flow from areas undisturbed by the implementation of the abatement plan which would otherwise drain into the affected area, provided such diversions are designed, operated and maintained in accordance with all applicable regulations of the department.
(h) If any condition set forth in subsection (f) occurs after discontinuance of treatment pursuant to subsection (g), the operator shall reinstitute treatment in accordance with subsection (f). An operator who reinstitutes treatment under this subsection shall be allowed to discontinue treatment if the requirements of subsection (g) are met.
(C) the operator has achieved the actual improvement of the baseline pollution load described in the abatement plan and shown by all ground and surface water monitoring for the period of time provided in the abatement plan, or has achieved all of the following: (i) at a minimum, has not caused the baseline pollution load to be exceeded as shown by all ground and surface water monitoring for a period of twelve (12) months prior to the date of application for bond release and until the bond release is approved pursuant to clause (2) or from the date of discontinuance of treatment pursuant to subsection (g); (ii) conducted all measures provided in the abatement plan and any additional measures specified by the department in writing at the time of initial bond release pursuant to clause (1); (iii) caused aesthetic or other environmental improvements or the elimination of public health and safety problems by remining and reaffecting the pollution abatement area; and (iv) stabilized the pollution abatement area.
(A) the operator has not caused the baseline pollution load to be exceeded from the time of bond release pursuant to clause (2) or, if treatment has been initiated any time after such release, for a period of five (5) years from the date of discontinuance of treatment pursuant to subsection (g); and
(j) For reclamation plans approved as part of a grant of special authorization under this section, the standard of success for revegetation shall be, as a minimum, the establishment of ground cover of living plants not less than can be supported by the best available topsoil or other suitable material in the reaffected area, shall not be less than the ground cover existing before disturbance, and shall be adequate to control erosion: Provided, however, That the department may require a higher standard of success where it determines such compliance is integral to the proposed pollution abatement plan.
(k) In establishing an appropriate bond amount for mining any area subject to a grant of special authorization under this section, the department shall apply as a credit to such bond amount any funds paid into the Surface Mining Conservation and Reclamation Fund as a result of a prior forfeiture on such area, which area shall also be exempted from permit reclamation fees prescribed by the regulations promulgated under this act.
(l) An operator granted special authorization under this section shall be permanently relieved from the requirements of subsection (f) and the act of June 22, 1937 (P.L. 1987, No. 394),4 known as “The Clean Streams Law,” for all preexisting discharges, identified in subsection (d), to the extent of the baseline pollution load if the operator complies with the terms and conditions of the pollution abatement plan and the baseline pollution load has not been exceeded at the time of final bond release. Relief of liability under this subsection shall not act or be construed to relieve any person other than the operator granted special authorization from liability for the preexisting discharge; nor shall it be construed to relieve the operator granted special authorization from liability pursuant to subsection (f)(2)(C) if the baseline pollution load is exceeded.
(m) In order to maintain primary jurisdiction over surface coal mining in Pennsylvania, the department shall suspend implementation of any provision of this section found to be inconsistent with Federal law by the Secretary of the United States Department of the Interior pursuant to section 505 of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C. § 1201 et seq.) or the Administrator of the Environmental Protection Agency pursuant to section 402 of the Federal Water Pollution Control Act of 1972 (Public Law 92-500, 33 U.S.C. § 1251 et seq.). It shall be the duty of the Attorney General, the General Counsel and the department to defend the legality of this act so as to prevent its suspension or abrogation in the absence of a controlling decision by a court of competent jurisdiction.
Credits
1945, May 31, P.L. 1198, § 4.6, added 1984, Oct. 4, P.L. 727, No. 158, § 3, effective in 60 days. Amended 1992, Dec. 18, P.L. 1384, No. 173, § 6, effective in 60 days; 1996, May 22, P.L. 232, No. 43, § 4, effective in 60 days.
Footnotes
“section except” in original.
52 P.S. § 1396.4.
“; or” in original.
35 P.S. § 691.1 et seq.
52 P.S. § 1396.4f, PA ST 52 P.S. § 1396.4f
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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