Section 77.529. Acid-forming and toxic-forming spoil

If applicable, drainage from acid-forming and toxic-forming spoil into groundwater and surface water shall be avoided by the following:

(1) Identifying, burying and treating, if necessary, spoil that may adversely affect water quality if not treated or buried.

(2) Preventing water from coming into contact with acid-forming and toxic-forming spoil under § 77.596 (relating to covering coal and acid-forming and toxic-forming materials) and other measures as required by the Department.

(3) Temporary storage of the spoil may be approved by the Department upon a finding that storage will not result in a risk of water pollution or other environmental damage. Storage shall be limited to the period until burial or treatment first becomes feasible. Acid-forming or toxic-forming spoil to be stored shall be placed on impermeable material and protected from erosion and contact with surface water. Discharge shall be collected and treated to conform to § 77.522 (relating to effluent standards).

The provisions of this § 77.529 adopted March 16, 1990, effective March 17, 1990, 20 Pa.B. 1643.