Current through Register Vol. 54, No. 25, June 22, 2024
Section 88.119 - Backfilling and grading: covering coal and acid-forming and toxic-forming materials(a) Unless otherwise approved by the Department, exposed coal seams, acid-forming material, toxic-forming materials and combustible materials, other than coal refuse, shall be handled in the following manner: (1) The material shall be buried above the groundwater table and shall be placed at a minimum of 5 feet above the coal seam.(2) If necessary, these materials shall be treated to neutralize toxicity, in order to prevent water pollution and combustion and minimize adverse effects on plant growth and land uses.(3) Where necessary to protect against upward migration of salts, exposure by erosion, formation of acid or toxic seeps, to provide an adequate depth for plant growth or otherwise to meet local conditions, the Department will specify amounts of cover using nontoxic material, or special compaction and isolation from groundwater contact.(4) Acid-forming or toxic-forming material may not be buried or stored in proximity to a drainage course so as to cause or pose a threat of water pollution.(b) Backfilled materials shall be selectively hauled or conveyed, and compacted, wherever necessary to prevent leaching of acid-forming and toxic-forming materials into surface waters or groundwaters and wherever necessary to insure stability to the backfilled materials. The method and design specifications of compacting material shall be approved by the Department before acid-forming or toxic-forming materials are covered. The provisions of this § 88.119 adopted December 19, 1980, 10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective 8/10/1985, 15 Pa.B. 2872. This section cited in 25 Pa. Code § 88.100 (relating to hydrologic balance: acid-forming and toxic-forming spoil); 25 Pa. Code § 88.381 (relating to general requirements); and 25 Pa. Code § 88.493 (relating to minimum environmental protection performance standards).