25 Pa. Code § 90.202 - General requirements
(a) A
preferred site shall be used for coal refuse disposal unless the applicant
demonstrates to the Department that an alternate site is more suitable based
upon engineering, geology, economics, transportation systems, and social
factors and is not adverse to the public interest.
(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 mining activity, the applicant shall examine the
geographic area within a 1-mile radius of the existing coal mining activity.
(2) For a proposed coal refuse
disposal area that will support a proposed coal preparation facility, the
applicant shall 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.
(c) If there are no preferred sites located
within the search area, the applicant shall conduct a comparative analysis of
the potential coal refuse disposal sites in accordance with §
90.204(b)
(relating to proposing an alternate site).
(d) The Department will not approve a site
proposed by the applicant for coal refuse disposal activities when the
Department finds that the adverse environmental impacts of using the site for
coal refuse disposal activities would clearly outweigh the public
benefits.
(e) Except on preferred
sites, the Department will not approve coal refuse disposal on or within any of
the following areas:
(1) Prime
farmlands.
(2) An exceptional value
watershed as defined under Chapter 93 (relating to water quality
standards).
(3) Sites known to
contain threatened or endangered animals listed exclusively under the
Commonwealth's protection programs.
(4) An area that is hydrologically connected
to and contributes at least 5% of the drainage to wetlands designated as
exceptional value under Chapter 105 (relating to dam safety and waterway
management) unless a larger percentage contribution is authorized by the
Department after consultation with the Fish and Boat Commission.
(5) A watershed less than 4 square miles in
area upstream of the intake of a public water supply.
(6) A watershed less than 4 square miles in
area upstream of the upstream limit of a public recreational
impoundment.
(7) Sites known to
contain Federally listed threatened or endangered plants or animals. At
preferred sites known to contain Federally listed threatened or endangered
species, approval will be granted only when the Department concludes and the
United States Fish and Wildlife Service concurs that the proposed activity is
not likely to adversely affect Federally listed threatened or endangered
species or result in the take of Federally listed threatened or endangered
species in violation of section 9 of the Endangered Species Act of 1973
(16 U.S.C.A. §
1538).
(f) As part of the site selection process, an
applicant may request approval for more than one site. The Department will
evaluate each site proposed for coal refuse disposal and, if the Department
finds that a proposed site meets the requirements of this subchapter, it will
designate it as an approved site. The applicant will then have the option of
choosing a selected site from among the approved sites and submitting an
application for coal refuse disposal for that site.
Notes
The provisions for this § 90.202 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).
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