(a) A person conducting coal mining
activities under a permit issued in accordance with Chapter 13 (relating to
compliance with the Surface Mining Control and Reclamation Act of 1977), who
has filed an application for permit under §
86.14(a)
(relating to permit application filing deadlines) for which the Department has
not rendered a decision may conduct these activities under the permit beyond
the period prescribed in §
86.11(c)
(relating to general requirements for permits) if:
(1) A timely and complete application for a
permit has been made to the Department under this chapter.
(2) The Department has not yet rendered an
initial administrative decision with respect to the application.
(3) The operations are conducted in
compliance with terms and conditions of the permit, Chapter 13, the Surface
Mining Conservation and Reclamation Act (52 P. S.
§§ 1396.1-1396.19b), the Coal
Refuse Disposal Control Act (52 P. S. §§ 30.51-30.66), The Bituminous Mine Subsidence
and Land Conservation Act (52 P. S. §§ 1406.1-1406.21), the Dam Safety and
Encroachments Act (32 P. S. §§ 693.1-693.27) and the Air Pollution Control
Act (35 P. S. §§ 4001-4015).
(b) A person conducting coal preparation
activities which were not subject to the requirements of this chapter and
Chapters 87-90 prior to August 25, 1989 may continue operating the facility if
the following requirements are met:
(1) An
initial permit application is submitted by October 24, 1989.
(2) A complete application as defined under
§
86.16 (relating to application
contents) is submitted to the Department in accordance with a schedule
established by the Department.
(3)
The Department has not yet rendered an initial administrative decision with
respect to the application.
(4) The
operations are conducted in compliance with the requirements of the acts and
the performance standards in this chapter and Chapters
87-90.
Notes
The
provisions of this §86.12 adopted December 19, 1980,
10 Pa.B. 4789, effective 7/31/1982, 12 Pa.B. 2382; amended July 30,
1982, 12 Pa.B. 2473, effective 7/31/1982, 12 Pa.B. 2382; amended November 18,
1988, 18 Pa.B. 5155; corrected March 17, 1989, 19 Pa.B. 1169, effective
8/25/1989, 19 Pa.B. 3674;
amended August 21, 2015, effective 8/22/2015, 45 Pa.B.
4904.
The provisions of this §86.12 amended under section 5 of
The Clean Streams Law (35 P. S. §
691.5); sections 4(a) and 4.2 of the Surface
Mining Conservation and Reclamation Act (52 P. S.
§§
1396.4(a) and
1396.4b); and section 1920-A
of The Administrative Code of 1929 (71 P. S. §
510-20).
This section cited in 25 Pa. Code §
86.11 (relating to general
requirements for permits); 25 Pa. Code §
86.31 (relating to public notices
of filing of permit applications); 25 Pa. Code §
87.203 (relating to
applicability); 25 Pa. Code §
88.381 (relating to general
requirements); 25 Pa. Code §
88.503 (relating to
applicability); and 25 Pa. Code §
90.303 (relating to
applicability).