GENERAL REQUIREMENTS FOR PERMITS ANDPERMIT APPLICATIONS

1. (a) No person may operate a mine or allow a discharge from a mine into the waters of the Commonwealth unless the person has obtained a permit from the Department.
2. (b) Permits will be issued only to an operator.
3. (c) Except as provided in § 86.12 (relating to continued operation under interim permits) and Subchapter E (relating to coal exploration), on and after 8 months from the effective date of this chapter, no person may engage in or carry out coal mining activities within this Commonwealth unless that person has obtained a valid permit and authorization issued by the Department.

Source

The provisions of this § 86.11 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. Immediately preceding text appears at serial page (148466).

Notes of Decisions

It was proper for the Department of Environmental Resources to refuse to exempt small mines from its permit requirements and this section was not preempted by Federal law. Budinsky v. Department of Environmental Resources, 819 F.2d 418, 420 (3rd Cir. 1987); cert. denied 484 U. S. 926; reh’g denied 484 U. S. 1083 (U. S. 1988).

Cross References

This section cited in 25 Pa. Code § 86.12 (relating to continued operation under interim permits); and 25 Pa. Code § 88.381 (relating to general requirements).