Authority
The provisions of this Chapter 87 issued and amended under The Clean Streams Law (35 P. S. § § 691.1—691.1001); the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.31); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21); the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66); and Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1—510-108), unless otherwise noted.
Notes of Decisions
Burden of Proof
The protection of the waters of the Commonwealth is a primary concern of these mining regulations. Accordingly, the burden is placed upon the applicant to demonstrate affirmatively the probable impact of the mining on the waters on and adjacent to the mine site and the measures to be taken to protect these waters. No application can be approved if this has not been done. Empire Coal Mining & Dev., Inc. v. Department of Environmental Protection, 1995 EHB 944.
Cross References
This chapter cited in 25 Pa. Code § 86.1 (relating to definitions); 25 Pa. Code § 86.2 (relating to scope); 25 Pa. Code § 86.5 (relating to extraction of coal incidental to noncoal surface mining); 25 Pa. Code § 86.6 (relating to extraction of coal incidental to government-financed construction or government-financed reclamation projects); 25 Pa. Code § 86.12 (relating to continued operation under interim permits); 25 Pa. Code § 86.13 (relating to compliance with permits); 25 Pa. Code § 86.16 (relating to application contents); 25 Pa. Code § 86.38 (relating to criteria for approval or denial: existing structures); 25 Pa. Code § 86.131 (relating to scope); 25 Pa. Code § 86.174 (relating to standards for release of bonds); 25 Pa. Code § 86.194 (relating to system for assessment of penalties); 25 Pa. Code § 86.201 (relating to procedures for assessment of civil penalties); 25 Pa. Code § 86.267 (relating to determination of data requirements); 25 Pa. Code § 89.5 (relating to definitions); 25 Pa. Code § 89.62 (relating to use of explosives); 25 Pa. Code § 89.145a (relating to water supply replacement: performance standards); 25 Pa. Code § 89.146a (relating to water supply replacement: procedure for resolution of water supply damage claims); 25 Pa. Code § 89.152 (relating to water supply replacement: relief from responsibility); 25 Pa. Code § 90.3 (relating to general requirements: permit); 25 Pa. Code § 90.128 (relating to coal refuse disposal: active surface mines); 25 Pa. Code § 90.305 (relating to application approval or denial); 25 Pa. Code § 92a.11 (relating to other chapters applicable); 25 Pa. Code § 92a.12 (relating to treatment requirements); 25 Pa. Code § 102.8 (relating to PCSM requirements); 25 Pa. Code § 102.14 (relating to riparian buffer requirements); 25 Pa. Code § 211.102 (relating to scope); 25 Pa. Code § 290.101 (relating to general requirements for beneficial use); and 25 Pa. Code § 290.104 (relating to beneficial use at coal mining activity).
