Section 86.252. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Abandoned mine lands—For the purposes of this subchapter, unreclaimed lands affected by surface or underground coal mining or coal refuse disposal activities, including bond forfeiture sites for which the bonds have been collected by the Department.

Act—The Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19b).

Bond credit—A specified amount of money reserved by the Department in the Remining Financial Assurance Fund under section 4.13 of the act (52 P. S. § 1396.4m) to be used by an operator to meet the bonding requirements of section 4 of the act (52 P. S. § 1396.4).

Financial guarantee—A specified amount of money reserved by the Department in the Remining Financial Assurance Fund for a qualified operator’s permitted remining area as authorized by section 4.12 of the act (52 P. S. § 1396.4l).

Qualified consultant—A designated public agency or private consulting firm which the Department has found capable of providing the services of ROAP.

Qualified laboratory—A designated public agency or private analytical laboratory which the Department has found capable of providing the services of ROAP.

ROAP—Remining Operator’s Assistance Program.

Remining—Reaffecting and reclaiming abandoned mine lands, under a coal mining activity permit, which exhibit one or more of the following features:

(i) Highwalls, spoil piles, abandoned buildings and structures, unsealed deep mine openings, subsidence features or safety hazards.

(ii) Exposed or unvegetated coal refuse.

(iii) A source of excess settleable solids to stream flow.

(iv) A source of mine drainage pollution to surface or groundwaters.

(v) Pollution abatement areas as that term is defined in § § 87.202 and 88.502 (relating to definitions).

Remining area—An area of land on which remining will take place, including that amount of previously undisturbed area up to 300 feet from the edge of the unreclaimed area which must be affected to achieve a final grade compatible with adjacent areas. Additional undisturbed land may be within a remining area if the permittee demonstrates that a larger area is needed to accomplish backfilling and grading of the unreclaimed area or is needed for support activities for the remining activity.

Tangible net worth—Total assets minus intangibles such as goodwill and rights to patents or royalties.

The provisions of this § 86.252 amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904. Immediately preceding text appears at serial pages (354289) to (354290).

Notation

Authority

The provisions of this § 86.252 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Cross References

This section cited in 25 Pa. Code § 86.162c (relating to Bioenergy Crop Bonding); 25 Pa. Code § 86.261 (relating to program services); and 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands).