(a) Operations that are permanently ceased
shall be backfilled or closed or otherwise permanently reclaimed in accordance
with this chapter and the permit. All underground openings, equipment,
structures or other facilities not required for monitoring, unless approved by
the Department as suitable for the postmining land use, shall be removed and
the affected land reclaimed.
(b)
Unless
coal refuse disposal operations resume as specified in §
88.332(d) or (e)
(relating to cessation of operations: temporary), termination of temporary
cessation status will place the mining operation in permanent cessation status
and subject to the provisions of subsection (a). Temporary cessation status
will terminate for operations that fail to comply with any of the following:
(1) A final adjudicated proceeding as defined
under §
86.355(e)
(relating to criteria for approval of application) as a result of an act or
omission which violates the acts as defined in §
86.1 (relating to definitions),
this chapter or Chapters 86, 87, 89 or 90.
(2) A permit condition required by the acts,
this chapter or Chapters 86, 87, 89 or 90.
(3) A consent order and agreement or a
consent order.
Notes
The
provisions of this § 88.333 adopted December 19, 1980,
10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended September 9,
2022, effective 9/10/2022, 52
Pa.B. 5804.
The provisions for this § 88.333 amended under section 5 of
The Clean Streams Law (35 P.S. §
691.5), section
4.2(a) of the
Surface Mining Conservation and Reclamation Act (52 P.S. §
1396.4b(a)), section
3.2 of the Coal Refuse Disposal
Control Act (52 P.S. §
30.53b); and
section 1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
88.332 (relating to cessation of
operations: temporary).
