Section 86.128. Public information

The Department will:

(1) Make the information and database system developed under § 86.127 (relating to database and inventory system requirements) available to the public for inspection free of charge and for copying at reasonable cost during established office hours.

(2) Provide information to the public on the petition procedures necessary to have an area designated as unsuitable for all or certain types of surface mining operations or to have designations terminated and describe how the inventory and database system can be used.

(3) Maintain a map of areas designated as unsuitable for all or certain types of surface mining operations.

(4) Make available to persons information within its control regarding designation or terminations, including mineral or elemental content which is potentially toxic in the environment. Other information which is properly classified as proprietary or confidential will be protected by the Department as may be required by law.

The provisions of this § 86.128 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 page (223543).

Notation

Authority

The provisions of this § 86.128 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); and sections 1920-A and 1930-A of The Administrative Code of 1929 (71 P. S. § § 510-20 and 510-30).

Cross References

This section cited in 25 Pa. Code § 86.102 (relating to areas where mining is prohibited or limited); 25 Pa. Code § 86.103 (relating to procedures); 25 Pa. Code § 86.121 (relating to areas exempt from designation as unsuitable for surface mining operations); and 25 Pa. Code § 86.130 (relating to areas designated as unsuitable for mining).