(a) Before temporary cessation status of
operations for a period of 30 days or more, an operator shall submit to the
Department a notice of intention to temporarily cease operations. The notice
shall include all of the following:
(1) A
statement of the exact number of acres affected in the permit area.
(2) A description of the extent and kind of
reclamation of the areas.
(3)
Identification of the backfilling, regrading, revegetation, environmental
monitoring and water treatment activities that will continue during the
temporary cessation status.
(4) A
description of the status of all operations that are a source of the coal
refuse.
(b) Before
temporary cessation status of operations for a period of 90 days or more, an
operator shall submit to the Department a notice that may be included in, or
submitted subsequent to, the notice required under subsection (a), that
includes all of the following:
(1)
Confirmation that the current bond under the permit is sufficient to complete
the reclamation of the coal refuse area.
(2) The timing of the installation of the
phased system to prevent precipitation from contacting the
refuse.
(c) Temporary
cessation status of operations does not relieve the operator of the obligations
to comply with the acts as defined in §
86.1 (relating to definitions),
this chapter or Chapters 86, 87, 89 or 90 or the approved permit, including the
obligation to submit an application for permit renewal at least 180 days before
the expiration of the existing permit. The Department may enforce these
obligations during the temporary cessation status of operations.
(d) Temporary cessation status of a coal
refuse disposal operation ends with the resumption of operations at that site.
Subsequent notices of temporary cessation status following resumption of coal
refuse operations must include updated information outlined in this section.
(e) Temporary cessation status of
a coal refuse disposal operation ends with the resumption of operations at a
source of the coal refuse or by permanent cessation at all sources of the coal
refuse.
(f) Temporary cessation
status of a coal refuse disposal operation ends with the permanent cessation of
operations as specified in §
88.333 (relating to cessation of
operations: permanent).
Notes
The
provisions of this §88.332 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; amended July 13,
2001, effective 7/14/2001, 31
Pa.B. 3735; amended March 13, 2020, effective 3/14/2020, 50 Pa.B. 1508; amended September 9,
2022, effective 9/10/2022, 52
Pa.B. 5804.
The provisions of this §88.332 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); section
3.2 of the Coal Refuse Disposal
Control Act (52 P.S. §
30.53b);
section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
(52
P.S. §
1406.7(b)); and
section 1920-A of The Administrative Code of 1929 (71 P.S. §
510-20).
This section cited in 25 Pa. Code §
88.333 (relating to cessation of
operations: permanent).