(a)
Authorization may not be granted under this subchapter unless the operator
seeking the authorization affirmatively demonstrates to the satisfaction of the
Department on the basis of information set forth in the application that:
(1) Neither the operator, nor an officer,
principal shareholder, agent, partner, associate, parent corporation,
contractor or subcontractor, or a related party as defined in §
86.63(a)(1)
(relating to compliance information) has either of the following:
(i) Legal responsibility or liability as an
operator for treating the water pollution discharges from or on the proposed
pollution abatement area.
(ii)
Legal responsibility or liability for reclaiming the proposed pollution
abatement area.
(2) The
proposed pollution abatement plan will result in significant reduction of the
baseline pollution load and represents best technology.
(3) The land within the proposed pollution
abatement area can be reclaimed.
(4) The surface mining operation on the
proposed pollution abatement area will not cause additional groundwater
degradation.
(5) The standard of
success for revegetation will be achieved. The standard of success for
revegetation shall be at a minimum:
(i) A
ground cover of living plants not less than can be supported by the best
available topsoil or other suitable material in the reaffected area.
(ii) A ground cover no less than that
existing before disturbance of the area by mining activities.
(iii) Adequate vegetation to control erosion.
Vegetation may not be less than that necessary to insure the success of the
pollution abatement plan.
(6) The surface mining operation on permitted
areas other than the proposed pollution abatement area will not cause surface
water pollution or groundwater degradation.
(7) All requirements of §
86.37(a)
(relating to criteria for permit approval or denial) that are not inconsistent
with this section have been met.
(b) An authorization may be denied under this
subchapter if granting the authorization will, or is likely to, affect legal
responsibility or liability under The Clean Streams Law (35 P.S.
§§
691.1-691.1001), the Surface
Mining Conservation and Reclamation Act (52 P.S.
§§
1396.1-1396.19b), Chapter 86
(relating to surface and underground coal mining: general), Chapter 87,
Subchapter B (Reserved) or Subchapters A-C (relating to general provisions;
surface anthracite coal mines: minimum environmental protection performance
standards; and anthracite bank removal and reclamation: minimum environmental
protection performance standards) for the proposed pollution abatement area or
other areas or discharges in the vicinity of the proposed pollution abatement
area.
(c) Authorization may not be
granted under this subchapter unless there are one or more pre-existing
discharges from or on the pollution abatement area.
(d) The authorization allowed under this
subchapter is only for the pollution abatement area and does not apply to other
areas of the permit.