(a)
When the coal refuse disposal activities are being conducted on prime farmland
historically used for cropland, a permit for the mining and reclamation
operation may be granted by the Department if it first finds, in writing and
after consultation with the Natural Resources Conservation Service, that the
applicant has demonstrated that:
(1) The
approved postdisposal land use of this prime farmland will result in the land
restored to a condition of being used for cropland.
(2) The applicant has the technological
capability to restore the prime farmland, within a reasonable time, to
equivalent or higher levels of yield as nondisposal prime farmland in
surrounding areas under equivalent levels of management.
(3) The proposed reclamation will be
conducted in compliance with the requirements of this section and §§
90.162-
90.165.
(b) If a permit is granted under this
section, the permit shall be specifically conditioned as containing the plan
submitted under §
90.33 (relating to reclamation
plan), including any revisions to that plan suggested by the United States
Natural Resources Conservation Service.
(c) Areas where coal refuse disposal
activities were authorized by permits issued under The Clean Streams Law
(
35
P. S. §§
691.1-
691.1001) and the Clean Air
Act (42 U.S.C.A.
§§
7401-
7642) prior to August
3, 1977, are exempt from the prime farmland requirements.
Notes
The
provisions of this § 90.161 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended March 13, 2020, effective 3/14/2020, 50 Pa.B.
1508.
The provisions of this § 90.161 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 §
86.159 (relating to self-bonding);
25 Pa. Code §
90.45 (relating to prime
farmland); 25 Pa. Code §
90.125 (relating to coal refuse
disposal: construction requirements); and 25 Pa. Code §
90.151 (relating to revegetation:
general requirements).
