Title 25--ENVIRONMENTAL PROTECTION DEPARTMENT OF ENVIRONMENTAL PROTECTION [25 PA. CODE CH. 86] Corrective Amendment to 25 Pa. Code § 86.1 [31 Pa.B. 145] The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 86.1 (relating to definitions) as deposited with the Legislative Reference Bureau and the official text as published at 29 Pa.B. 5289, 5295 (October 9, 1999), and as currently appearing in the Pennsylvania Code. Several definitions were inadvertently omitted.
Therefore, under 45 Pa.C.S. § 901: The Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 86.1. The corrective amendment to 25 Pa. Code § 86.1 is effective as of October 9, 1999, the date the defective text was published in the Pennsylvania Bulletin.
The correct version of 25 Pa. Code § 86.1 appears in Annex A, with ellipses referring to the existing text of the regulation.
Annex A TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE I. LAND RESOURCES CHAPTER 86. SURFACE AND UNDERGROUND COAL MINING Subchapter A. GENERAL PROVISIONS § 86.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Application--The documents and other information filed with the Department for the issuance of a permit.
Bond--A bond by which a permittee assures faithful performance of the requirements of the acts, this chapter, Chapters 87--90 and the requirements of the permit and reclamation plan.
Coal mining activity--Surface mining activities, underground mining activities, coal preparation activities or coal refuse disposal activities as these terms are defined in this section.
Coal preparation activity--An operation in which coal is subject to chemical or physical processing or cleaning, concentrating or other processing or preparation. The term includes a facility associated with the coal preparation activity and the activity by which the land surface has been or is disturbed as a result of or incidental to coal preparation activity of the operator, including, but not limited to, the following:
(i) Private ways and roads appurtenant to the area, land excavations and loading facilities.
(ii) Storage and stockpile facilities.
(iii) Sheds, shops and other buildings.
(iv) Water treatment and water storage facilities.
(v) Settling basins and impoundments.
(vi) Areas in which are situated facilities, equipment, machines, tools or other materials or property which result from or are used in the coal preparation activity.
Coal refuse disposal activities--Activities whereby a plot of land is used as a place for disposing, dumping or storage of coal refuse. These areas may include land thereby affected, including, but not limited to, a deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of the material, but not including coal refuse deposited within an active mine itself or coal refuse never removed from a mine. The term includes activities in which the natural land surface has been disturbed as a result of or incidental to the coal refuse disposal activities of the operator, including, but not limited to, private ways and roads appurtenant to the area, land excavations, workings, tailings, repair areas, storage areas, processing areas, shipping areas and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in coal refuse disposal activities are situated.
* * * * * [Pa.B. Doc. No. 01-26. Filed for public inspection January 12, 2001, 9:00 a.m.]
