Title 25--ENVIRONMENTAL PROTECTION DEPARTMENT OF ENVIRONMENTAL PROTECTION [25 PA. CODE CH. 89] Corrective Amendment to 25 Pa. Code § 89.67 [29 Pa.B. 5389] The Department of Environmental Protection (Department) has discovered a discrepancy between the agency text of 25 Pa. Code § 89.67 (relating to support facilities) as deposited with the Legislative Reference Bureau and as published at 28 Pa.B. 2215, 2256 (May 9, 1998) and the official text as published in the Pennsylvania Code Reporter (Master Transmittal Sheet No. 285) and as currently appearing in the Pennsylvania Code. Amendments to § 89.67, adopted at 28 Pa.B. 2215, 2256, were never codified.
Therefore, under 45 Pa.C.S. § 901: The Department has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 89.67. The corrective amendment to 25 Pa. Code § 89.67 is effective as of August 1, 1998, the date the defective official text was announced in the Pennsylvania Bulletin.
The correct version of 25 Pa. Code § 89.67 appears in Annex A.
JAMES M. SEIF,
SecretaryTITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES ARTICLE I. LAND RESOURCES CHAPTER 89. UNDERGROUND MINING OF COAL AND COAL PREPARATION FACILITIES Subchapter B. OPERATIONS PERFORMANCE STANDARDS § 89.67. Support facilities.
(a) Support facilities required for, or used incidentally to, the operation of the underground mine, including, but not limited to, mine buildings, coal loading facilities at or near the mine site, coal storage facilities, equipment storage facilities, fan buildings, hoist buildings, preparation plants, sheds, shops and other buildings, shall be located, maintained and used in a manner that does the following:
(1) Prevents or controls erosion and siltation, water pollution and damage to public or private property.
(2) To the extent possible using the best technology currently available:
(i) Minimizes damage to fish, wildlife and related environmental values.
(ii) Minimizes additional contributions of suspended solids to streamflow or runoff outside the permit area. Contributions may not be in excess of limitations of State or Federal law.
(b) All underground mining activities shall be conducted in a manner which minimizes damage, destruction or disruption of services provided by oil, gas and water wells; oil, gas and coal-slurry pipelines; railroads; electric and telephone lines; and water and sewage lines which pass over, under or through the permit area, unless otherwise approved by the owner of those facilities and the Department.
[Pa.B. Doc. No. 99-1742. Filed for public inspection October 15, 1999, 9:00 a.m.]
