Section 86.126. Procedures: decision

(a) In deciding whether to designate an area as unsuitable for surface mining operations, the EQB will consider:

(1) The information contained in the database and inventory system.

(2) Information provided by other governmental agencies.

(3) The detailed statement prepared under § 86.124(e) (relating to procedures: initial processing, recordkeeping and notification requirements).

(4) Oral and written testimony received during and written testimony received subsequent to public hearing.

(5) The recommendations of the Department.

(b) The EQB will promptly send the decision by certified mail to the petitioner, intervenors and to the Office of Surface Mining Reclamation and Enforcement.

(1) If the decision is to designate an area as unsuitable for surface mining operations, the EQB will deposit and publish its decision as a regulation in the manner required by the Regulatory Review Act (71 P. S. § § 745.1—745.15); the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § § 1102, 1201—1208 and 1602) known as the Commonwealth Documents Law and 45 Pa.C.S. Part I (relating to publication and effectiveness of Commonwealth documents).

(2) If the decision is not to designate an area as unsuitable for surface mining operations, the EQB will publish its decision in the Pennsylvania Bulletin within 30 days.

The provisions of this § 86.126 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 13, 1996, effective December 14, 1996, 26 Pa.B. 5962; amended October 8, 1999, effective October 9, 1999, 29 Pa.B. 5289. Immediately preceding text appears at serial pages (223541) to (223542).

Notation

Authority

The provisions of this § 86.126 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66); The Clean Streams Law (35 P. S. § § 691.1—691.1001); sections 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-20 and 510-30).

Cross References

This section cited in 25 Pa. Code § 86.103 (relating to procedures); 25 Pa. Code § 86.121 (relating to areas designated unsuitable for mining); and 25 Pa. Code § 86.130 (relating to areas designated as unsuitable for mining).