CRITERIA AND PROCEDURES FOR DESIGNATING AREAS ASUNSUITABLE FOR SURFACE MINING

This section and § § 86.122—86.129 do not apply to areas on which:

1. (1) Surface mining operations were being conducted on August 3, 1977.
2. (2) Surface mining operations have been authorized by a valid permit issued under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19b), the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66), The Clean Streams Law (35 P. S. § § 691.1—691.1001) or The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21).
3. (3) A person establishes that substantial legal and financial commitments in surface mining operations were in existence prior to January 4, 1977.

Authority

The provisions of this § 86.121 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).

Source

The provisions of this § 86.121 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 June 15, 1990, 20 Pa.B. 3383, effective July 27, 1991, 21 Pa.B. 3316; amended December 13, 1996, effective December 14, 1996, 26 Pa.B. 5962; amended October 8, 1999, effective October 9, 1999, 29 Pa.B. 5289; amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904. Immediately preceding text appears at serial pages (357483) to (357484).

Cross References

This section cited in 25 Pa. Code § 86.103 (relating to procedures); and 25 Pa. Code § 86.130 (relating to areas designated as unsuitable for mining).