Section 88.298. Hydrologic balance: sedimentation ponds

(a) All surface drainage from the disturbed area shall be passed through a sedimentation pond or a series of sedimentation ponds before leaving the permit area.

(b) If sedimentation ponds are utilized, they are to be constructed in locations which will ensure their effectiveness. The ponds shall be located as near as possible to the area to be disturbed and out of perennial and intermittent streams. Ponds may be located in intermittent streams provided the requirements of Chapter 105 (relating to dam safety and waterway management) are met. They shall be maintained until the disturbed area has been restored and the vegetation requirements have been met.

(c) The Department may waive the required use of sedimentation ponds when the person who conducts coal refuse disposal activities demonstrates to the satisfaction of the Department that sediment ponds are not necessary to meet the effluent limitations under § 88.292 (relating to hydrologic balance: effluent standards).

(d) The following apply to sedimentation ponds:

(1) Where possible, the discharge from a sedimentation pond shall be to a natural waterway and located to avoid additional contact with acid and toxic forming material.

(2) Sedimentation ponds shall be structurally sound and at a minimum meet the requirements of § 88.302 (relating to hydrologic balance: dams, ponds, embankments and impoundments—design, construction and maintenance).

(3) Sediment ponds shall meet the requirements of Chapter 102 (relating to erosion and sediment control).

The provisions of this § 88.298 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended March 30, 1984, 14 Pa.B. 1143, effective August 10, 1985, 15 Pa.B. 2872. Immediately preceding text appears at serial pages (92637) to (92638).