(a) Before temporary cessation status of
operations for a period of 30 days or more, an operator shall submit to the
Department a notice of intention to temporarily cease operations. The notice
shall include a statement of the exact number of acres affected in the permit
area, the extent and kind of reclamation of the areas and identification of the
backfilling, regrading, revegetation, environmental monitoring, and water
treatment activities that will continue during the temporary cessation
status.
(b) Temporary cessation
status of operations does not relieve the operator of the obligations to comply
with the acts as defined in §
86.1 (relating to definitions),
Chapters 86-90, or the approved permit, including the obligation to submit an
application for permit renewal at least 180 days before the expiration of the
existing permit. The
Department may enforce these obligations during the
temporary cessation status of operations.
(c) Temporary cessation status will end with
the resumption of coal extraction. Any subsequent notices of temporary
cessation status must include updated information outlined in subsection
(a).
(d) Temporary cessation status
will terminate where the
Department finds a failure to comply with the acts as
defined in §
86.1, Chapters 86-90, or the
approved permit. Termination of temporary cessation status due to failure to
comply with the acts as defined in §
86.1, Chapters 86-90, or the approved
permit will place the mining operation in permanent cessation status, subject
to the provisions of §
88.132 (cessation of operations:
permanent).
Notes
The
provisions of this § 88.131 adopted December 19, 1980,
10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended March 13,
2020, effective 3/14/2020, 50
Pa.B. 1508.
The provisions of this § 88.131 amended under section 5 of
The Clean Streams Law (35 P.S. §
691.5); sections 4(a) and 4.2 of the Surface
Mining Conservation and Reclamation Act (52 P.S. §§
1396.4(a) and
1396.4b); section
3.2 of the Coal Refuse Disposal
Control Act (52 P.S. §
30.53b);
section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
(52 P.S. §
1406.7(b)); and
section 1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
88.381 (relating to general
requirements).
