25 Pa. Code § 86.1
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ABS Legacy Sites-Mine sites, permitted under the Primacy Alternate Bonding System, that have a postmining pollutional discharge where the operator has defaulted on its obligation to adequately treat the discharge and, either the bond posted for the site is insufficient to cover the cost of treating the discharge, or a trust to cover the costs of treating the discharge was not fully funded and is insufficient to cover the cost of treating the discharge.
Acts-Include the following:
Applicant-A person who seeks to obtain a permit from the Department to conduct coal mining activities under this chapter.
Application-The documents and other information filed with the Department for the issuance of a permit.
Bond-A bond by which a permittee assures faithful performance of the requirements of the acts, this chapter, Chapters 87-90 and the requirements of the permit and reclamation plan.
Coal mining activity-Surface mining activities, underground mining activities, coal preparation activities or coal refuse disposal activities as these terms are defined in this section.
Coal preparation activity-An operation in which coal is subject to chemical or physical processing or cleaning, concentrating or other processing or preparation. The term includes a facility associated with the coal preparation activity and the activity by which the land surface has been or is disturbed as a result of or incidental to coal preparation activity of the operator, including, but not limited to, the following:
Coal refuse disposal activities-Activities whereby a plot of land is used as a place for disposing, dumping or storage of coal refuse. These areas may include land thereby affected, including, but not limited to, a deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of the material, but not including coal refuse deposited within an active mine itself or coal refuse never removed from a mine. The term includes activities in which the natural land surface has been disturbed as a result of or incidental to the coal refuse disposal activities of the operator, including, but not limited to, private ways and roads appurtenant to the area, land excavations, workings, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in coal refuse disposal activities are situated.
Complete application-An application for a permit which contains an application form properly completed, signed and witnessed, a filing fee, proof of publication, the standard reports or forms required by the Department to process a permit and which demonstrates compliance with applicable statutes and regulations.
Cumulative measurement period-For purposes of § 86.5 (relating to extraction of coal incidental to noncoal surface mining), the period of time over which both cumulative production and cumulative revenue are measured.
Cumulative production-For purposes of § 86.5, the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by § 86.5 (k).
Cumulative revenue-For purposes of § 86.5, the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.
Entity-A person including, but not limited to, a corporation, association, general and limited partnership, agency and instrumentality of Federal or State government, contractor, operator, permit holder and other forms of business organization.
Existing structure-A structure or facility used in connection with or to facilitate coal mining activities for which construction began prior to the effective date of this chapter.
General area-The topographic and groundwater basin, with respect to hydrology, surrounding a permit area which is of sufficient size, including areal extent and depth, to include one or more watersheds containing perennial streams and groundwater zones and to allow assessment of the probable cumulative impacts on the quality and quantity of surface water and groundwater systems in the basins.
Groundwater-Subsurface waters of the Commonwealth.
Historically used for cropland-Includes the following:
Historic resource-A building, structure, object, district, place, site or area significant in the history, architecture, maritime heritage, archaeology or culture of this Commonwealth, its communities or the Nation. The term includes the terms "cultural resource," "archaeological resource," "historic place," "historic property," "archaeological site" and "archaeological property" as used in this chapter and Chapters 87-90.
Interim permit-A permit issued by the Department prior to the effective date of this chapter and in accordance with the requirements of Chapter 13 (relating to compliance with the Surface Mining Control and Reclamation Act of 1977).
Landowner-The person or municipality in whom legal title to the land is vested.
Land use-A specific use or management-related activity, rather than the vegetation or cover of the land. Land uses may be identified in combination when joint or seasonal uses occur.
MSHA-The Mine Safety and Health Administration of the United States Department of Labor.
Major permit revision-A revision to a coal mining permit that requires public notice.
Mining area-For purposes of § 86.5, an individual excavation site or pit from which coal, other minerals and overburden are removed.
Municipality-A county, city, borough, town, township, school district, institution or an authority created by any one or more of the foregoing.
Occupied dwellings-A permanent building or fixed mobile home that is currently being used on a regular or temporary basis for human habitation.
Operational area-The maximum portion of the permitted area that the permittee is authorized to disturb at any specific time during the permit term in accordance with the approved mining and reclamation plan, including all of the land affected by mining activities that is not planted, growing and stabilized.
Operation and maintenance costs-Expenses associated with the day-to-day operation and maintenance of a conventional or a passive treatment facility, such as chemicals, electricity, labor, water sampling, sludge removal and disposal, maintenance of access roads, mowing, snow removal, inspecting facilities, repairing and maintaining all aspects of the treatment facility, equipment and buildings.
Operator-A person or municipality engaged in coal mining activities as a principal as distinguished from an agent or independent contractor. When more than one person is engaged in coal mining activities in a single operation, they shall be deemed jointly and severally responsible for compliance with the provisions of the Surface Mining Conservation and Reclamation Act, The Clean Streams Law, the Coal Refuse Disposal Control Act and The Bituminous Mine Subsidence and Land Conservation Act.
Other minerals-For purposes of § 86.5, a commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.
Owned or controlled and owns or controls-One or a combination of the relationships specified in subparagraphs (i)-(iv):
Participates-To take part in an action or to instruct another person or entity to conduct or not to conduct an activity.
Passive treatment system-A mine drainage treatment system which does not require routine operational control or maintenance. The term includes biological or chemical treatment systems, alone or in combinations, as approved by the Department, such as artificially constructed wetlands, cascade aerators, anoxic drains or sedimentation basins.
Permit-A permit issued by the Department to conduct coal mining activities.
Permit application fee-A nonrefundable filing fee due at the time of submission of an application. The permit application fee is required for an application to be considered complete.
Permit area-Includes the following:
Permittee-A person holding, or required to hold by the acts, a permit issued by the Department to conduct coal mining activities.
Person-A natural person, partnership, association or corporation, or an agency, instrumentality or entity of Federal or State government. Whenever used in a clause prescribing and imposing a penalty, or imposing a fine or imprisonment, or both, the term "person" may not exclude the members of an association and the directors, officers or agents of a corporation.
Postmining pollutional discharge-A discharge of mine drainage emanating from or hydrologically connected to the permit area, which may remain after coal mining activities have been completed, and which does not comply with the applicable effluent requirements described in § 87.102, § 88.92, § 88.187, § 88.292, § 89.52 or § 90.102. The term includes minimal-impact postmining discharges, as defined in section 3 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.3).
Primacy Alternate Bonding System-The bonding system utilized by the Commonwealth from July 31, 1982, until August 4, 2001, for surface coal mines, coal refuse reprocessing facilities and coal preparation plants in which a central pool of money to be used by the Department for reclamation of forfeited sites was funded in part through imposition of a per-acre reclamation fee paid by operators of permitted sites.
Prime farmland-Land which is defined by the Secretary of Agriculture in 7 CFR Part 657 (relating to prime and unique farmlands) and which has been historically used for cropland.
Principal shareholder-A person who is the legal owner of 10% or more of any class of voting stock.
Property-Real or personal property.
Public road-A thoroughfare open to the public which has been or is being used by the public for vehicular travel.
Recapitalization costs-The costs associated with replacing discharge treatment facility components or the costs to install treatment systems with lower operation and maintenance costs than the system being replaced.
Related party-A partner, associate, officer, director, shareholder, parent corporation, subsidiary corporation, affiliate or persons under common control with the applicant, contractor or subcontractor. The term does not include persons who are excluded, based on a percentage of ownership, under the definition of "owned or controlled and owns or controls."
Surface mining activities-Any activities meeting the definition of "surface mining activities" as it is defined at 30 CFR 701.5, which is adopted in its entirety and incorporated herein by reference.
Underground mining activities-Includes the following:
Valid existing rights-Rights which exist under the definition of "valid existing rights" in 30 CFR 761.5 (relating to definitions).
Violation notice-A written notification from a governmental entity of a violation of law, whether by letter, memorandum, legal or administrative pleading or other written communication.
Waters of the Commonwealth-Rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and other bodies or channels of conveyance of surface water and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.
Willful violation-An act or omission which violates the acts, this chapter, Chapter 87, 88, 89 or 90, or a permit condition required by the acts, this chapter or Chapter 87, 88, 89 or 90, committed by a person who intends the result which actually occurs.
25 Pa. Code § 86.1
The provisions of this § 86.1 amended under section 7 of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7); section 5 of The Clean Streams Law (35 P.S. § 691.5); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); sections 4(a), (d) and (d.2) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.4(a), (d) and (d.2) and 1396.4b); PA. CONST. ART. 1, § 27; and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
This section cited in 25 Pa. Code § 86.36 (relating to review of permit applications); 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); 25 Pa. Code § 86.43 (relating to improvidently issued permits); 25 Pa. Code § 86.62 (relating to identification of interests); 25 Pa. Code § 86.63 (relating to compliance information); 25 Pa. Code § 86.102 (relating to areas where mining is prohibited or limited); 25 Pa. Code § 86.353 (relating to identification of ownership); 25 Pa. Code § 87.157 (relating to cessation of operations: temporary); 25 Pa. Code § 88.131 (relating to cessation of operations: temporary); 25 Pa. Code § 88.219 (relating to cessation of operations: temporary); 25 Pa. Code § 88.332 (relating to cessation of operations: temporary); 25 Pa. Code § 88.333 (relating to cessation of operations: permanent); 25 Pa. Code § 90.167 (relating to cessation of operations: temporary); 25 Pa. Code § 90.168 (relating to cessation of operations: permanent); 25 Pa. Code § 90.305 (relating to approval or denial); 25 Pa. Code § 95.10 (relating to treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS)); and 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity sites).