Section 88.287. Vegetation-supporting material: available soil removal

(a) Available soil, as required by § 88.286 (relating to vegetation-supporting material: general requirements), shall be removed from the area to be disturbed prior to any refuse disposal.

(b) In the event that removal of vegetative matter, soil or other materials may result in erosion which may cause air or water pollution, the size of the area from which soil is removed at any one time shall be limited and such other measures shall be taken as the Department may approve or require to control erosion.

(c) If the soil is less than 12 inches in depth, sufficient soil and unconsolidated material immediately below the soil shall be removed to provide a 12-inch layer when redistributed as the final surface.

(d) On areas that have been previously affected by mining or refuse disposal activities with no available soil, the spoil material best suited to support vegetation shall be conserved for redistribution as the final surface.

The provisions of this § 88.287 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382.