Current through Register Vol. 54, No. 44, November 2, 2024
Section 90.35 - Protection of the hydrologic balance(a) An application shall contain a detailed description, with appropriate maps and cross-sections, of the measures to be taken during and after the proposed coal refuse disposal activities, in accordance with the performance standard of Subchapter D (relating to performance standard for coal refuse disposal), to ensure protection of: (1) The quality and quantity of the groundwater, both within the proposed permit area and adjacent areas, from adverse effects of the proposed coal refuse disposal activities.(2) The rights of present users to surface and groundwater.(b) Each application shall also contain the following: (1) A plan for the control, in accordance with Subchapter D, of surface and groundwater drainage into, through and out of the area proposed to be affected by coal refuse disposal activities.(2) A plan for the treatment, in accordance with Subchapter D, of surface and groundwater drainage from the area to be affected by the proposed coal refuse disposal activities, and proposed quantitative limits on pollutants in discharges as provided in § 90.102 (relating to hydrologic balance: water quality standards, effluent limitations and best management practices).(3) A plan for collecting, recording and reporting of groundwater and surface water quality and quantity data in accordance with §§ 90.115 and 90.116 (relating to hydrologic balance: groundwater monitoring; and hydrologic balance: surface water monitoring). The plan shall identify monitoring locations and sampling frequency, and logically relate to the determination of the probable hydrologic consequences in Subsection (c).(c) A determination of the probable hydrologic consequences of the proposed coal refuse disposal activities on the proposed permit area and adjacent area, with respect to the hydrologic regime and the quantity and quality of water in surface and groundwater systems under all seasonal conditions, including total dissolved solids, total suspended solids, total iron, pH, total manganese, acidity, alkalinity, sulfates and other parameters required by the Department.(d) A plan shall contain a description of possible alteration in the site development plan or method of disposal, in response to adverse impacts on the hydrologic balance as indicated by the groundwater monitoring system.The provisions of this §90.35 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 December 15, 1995, effective 12/16/1995, 25 Pa.B. 5821.The provisions of this §90.35 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).
This section cited in 25 Pa. Code § 86.37 (relating to criteria for permit approval or denial); and 25 Pa. Code § 90.116 (relating to hydrologic balance: surface water monitoring).