(a) A
person who conducts or intends to conduct coal preparation activities, not
within the permit area of a specific mine, shall obtain a permit from the
Department under §§
86.11-
86.18 (relating to general
requirements for permits and permit applications). The person shall meet
certain performance standards and application requirements as specified in this
subchapter.
(b) The following
performance standards shall be met:
(1) Signs
and markers for a facility where coal preparation activities are conducted
shall comply with §
88.82 (relating to signs and
markers).
(2) Roads, transport and
associated structures shall be constructed, maintained and reclaimed in
accordance with §§
88.138 and
88.150 (relating to haul roads and
access roads: general; and common use roads).
(3) A stream or channel realignment shall
comply with §
88.94 (relating to hydrologic
balance: stream diversions).
(4) If
required by the Department, a disturbed area related to coal preparation
activities shall have sediment control structures in compliance with §
88.96 (relating to hydrologic
balance: sediment control measures), and discharges from these areas shall meet
the requirements of §
88.92 (relating to hydrologic
balance: effluent standards) and other applicable State or Federal
law.
(5) Permanent impoundments
associated with coal processing plants shall meet the requirements of §
88.101 (relating to hydrologic
balance: permanent impoundments). Dams constructed on or impounding coal
processing waste shall comply with §§
88.102 and
88.103 (relating to hydrologic
balance: dams, ponds, embankments and impoundments-design, construction and
maintenance; and hydrologic balance: coal processing waste dams and
embankments).
(6) Discharge
structures for diversions and sediment control structures shall comply with
§
88.99 (relating to hydrologic
balance: discharge structures).
(7)
Disposal of coal preparation waste, solid waste and excavated materials shall
comply with Subchapter D (relating to anthracite refuse disposal: minimum
environmental protection performance standards).
(8) Air pollution control measures associated
with fugitive dust emissions shall comply with §
88.114 (relating to air resources
protection).
(9) Reclamation shall
include proper soil handling procedures, revegetation and abandonment, in
accordance with §§ 88.86-88.90, 88.105-88.108 and
88.110-88.130.
(10) Coal
preparation activities shall comply with other applicable performance standards
of this chapter.
(11) Adverse
effects upon or resulting from nearby underground coal mining activities shall
be minimized by appropriate measures, including, but not limited to, compliance
with §§
88.113 and
88.133 (relating to protection of
underground mining; and postmining land use).
(12) Reclamation shall include proper topsoil
handling procedures, revegetation and abandonment, in accordance with
§§ 88.115-88.133.
(13)
Water rights shall be protected in accordance with §
88.107a (relating to hydrologic
balance: water rights and replacement).
(c) The following application requirements
shall be met:
(1) The application format
shall be as specified in §
86.15 (relating to permit
application-general requirements) and accompanied by the fee specified in
§
86.17 (relating to permit and
reclamation fees).
(2) Applications
shall be filed according to the schedules established in §
86.14 (relating to permit
application filing deadlines).
(3)
Interests shall be identified according to §
86.62 (relating to identification
of interests).
(4) If the coal
preparation activity is independent of a mining operation, the compliance
information in §
86.63 (relating to compliance
information) shall be presented.
(5) General permit application information
shall be required according to §§ 86.11-86.18.
(6) Maps and plans, as applicable, shall be
prepared according to §
88.31 (relating to maps and
plans).
(7) Groundwater and surface
water information and monitoring plans shall be presented in accordance with
§§
88.25, 88.26. 88.49, 88.105 and
88.106.
(8) Land use and prime
farmland information shall be presented in accordance with §§
88.30,
88.32 and, if applicable, §
88.61 (relating to description of
land use; prime farmland investigation; and prime farmlands).
(9) Protection of public parks and historic
places in accordance with §
88.56 (relating to protection of
public parks and historic places).
(10) Other environmental resource information
that may be requested in accordance with this chapter.