Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart C - Protection of Natural Resources
Article I - Land Resources
Chapter 88 - ANTHRACITE COAL
Subchapter B - SURFACE ANTHRACITE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS
Section 88.119 - Backfilling and grading: covering coal and acid-forming and toxic-forming materials

Universal Citation: 25 PA Code § 88.119

Current through Register Vol. 55, No. 13, March 29, 2025

(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.

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).

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