(a) The
owner and operator may not cause or allow a discharge of a substance, fill or
dredged material to the waters of the Commonwealth unless the discharge
complies with this subchapter and Chapters 91, 92a, 93, 95, 102 and 105, The
Clean Streams Law (35 P.S. §§
691.1-691.1001), the Dam Safety and
Encroachments Act (32 P.S. §§
693.1-693.27) and the act.
(b) The owner and operator may not discharge
tophole water or water in a pit as a result of precipitation by land
application unless the discharge is in accordance with the following
requirements:
(1) No additives, drilling muds,
regulated substances or drilling fluids other than gases or fresh water have
been added to or are contained in the water, unless otherwise approved by the
Department.
(2) The pH is not less
than 6 nor greater than 9 standard units, or is characteristic of the natural
background quality of the groundwater.
(3) The specific conductance of the discharge
is less than 1,000 µmHos/cm.
(4) There is no sheen from oil and
grease.
(5) The discharge water
shall be spread over an undisturbed, vegetated area capable of absorbing the
tophole water and filtering solids in the discharge, and spread in a manner
that prevents a direct discharge to surface waters and complies with §
78a.53 (relating to erosion and
sediment control and stormwater management).
(6) Upon completion, the area complies with
§ 78a.53.
(7) The area of land
application is not within 200 feet of a water supply or within 100 feet of a
watercourse or body of water or within the floodplain.
(8) If the water does not meet the
requirements of paragraph (2) or (4), the Department may approve treatment
prior to discharge to the land surface.
(c) Compliance with subsection (b) shall be
documented by the operator and made available to the Department upon request
while conducting activities under subsection (b) and submitted under §
78a.65(e)(1) and
(2) (relating to site restoration).