25 Pa. Code § 90.108 - Hydrologic balance: sedimentation ponds
(a) Surface drainage from the disturbed area,
including disturbed areas that have been graded, seeded, or planted, shall be
passed through a sedimentation pond or a series of sedimentation ponds before
leaving the permit area. The Department may waive the required use of
sedimentation ponds when the person who conducts coal refuse disposal
activities demonstrates to the satisfaction of the Department that sediment
ponds are not necessary to meet the effluent limitations under §
90.102 (relating to hydrologic
balance: water quality standards, effluent limitations and best management
practices).
(b) Sedimentation ponds
shall be constructed in accordance with this section and §§
90.111 and
90.112 (relating to hydrologic
balance: impoundments; and hydrologic balance: dams, ponds, embankments, and
impoundments-design, construction and maintenance), in appropriate locations
before any disturbance of the area to be drained into the pond. The ponds shall
be located as near as possible to the area to be disturbed and out of perennial
and intermittent streams. Ponds may be located in intermittent streams provided
the requirements of Chapter 105 (relating to dam safety and waterway
management) are met.
(c)
Sedimentation ponds may not be removed until the disturbed area has been
stabilized and revegetated and the Department approves the removal of the
ponds. The ponds may not be removed sooner than 2 years after the last
augmented seeding, unless the Department finds that the disturbed area has been
sufficiently revegetated and stabilized.
(d) At a minimum, sedimentation ponds shall
meet the requirements of Chapter 102 (relating to erosion and sediment
control).
(e) The water storage
resulting from inflow shall be removed by a nonclogging dewatering device
approved by the Department. The dewatering device may not be located at a lower
elevation than the maximum elevation of the sediment storage volume. The device
shall have a discharge rate to achieve and maintain the required detention
time.
(f) The ponds shall be
designed, constructed and maintained to prevent short circuiting.
(g) The design, construction and maintenance
of a sediment pond in accordance with this section does not relieve the person
who conducts coal refuse disposal activities of the responsibility for
complying with the applicable treatment requirements and effluent limitations
established under § 90.102.
(h) There may be no discharge through the
emergency spillway during the passage of the runoff resulting from the 10-year,
24-hour precipitation events or lesser events through the sedimentation
pond.
(i) The elevation of the
crest of the emergency spillway shall be a minimum of 1.0 foot above the crest
of the principal spillway.
Notes
The provisions of this § 90.108 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1-1396.19a); The Clean Streams Law (35 P. S. §§ 691.1-691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).
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