1. (a) A person conducting coal mining activities under a permit issued in accordance with Chapter 13 (relating to compliance with the Surface Mining Control and Reclamation Act of 1977), who has filed an application for permit under § 86.14(a) (relating to permit application filing deadlines) for which the Department has not rendered a decision may conduct these activities under the permit beyond the period prescribed in § 86.11(c) (relating to general requirements for permits) if:

   1. (1) A timely and complete application for a permit has been made to the Department under this chapter.
   2. (2) The Department has not yet rendered an initial administrative decision with respect to the application.
   3. (3) The operations are conducted in compliance with terms and conditions of the permit, Chapter 13, 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 Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21), the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27) and the Air Pollution Control Act (35 P. S. § § 4001—4015).

2. (b) A person conducting coal preparation activities which were not subject to the requirements of this chapter and Chapters 87—90 prior to August 25, 1989 may continue operating the facility if the following requirements are met:

   1. (1) An initial permit application is submitted by October 24, 1989.
   2. (2) A complete application as defined under § 86.16 (relating to application contents) is submitted to the Department in accordance with a schedule established by the Department.
   3. (3) The Department has not yet rendered an initial administrative decision with respect to the application.
   4. (4) The operations are conducted in compliance with the requirements of the acts and the performance standards in this chapter and Chapters 87—90.

Authority

The provisions of this § 86.12 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.4(a) and 1396.4b); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

Source

The provisions of this § 86.12 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 November 18, 1988, 18 Pa.B. 5155; corrected March 17, 1989, 19 Pa.B. 1169, effective August 25, 1989, 19 Pa.B. 3674; amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904. Immediately preceding text appears at serial pages (336553) to (336554).

Cross References

This section cited in 25 Pa. Code § 86.11 (relating to general requirements for permits); 25 Pa. Code § 86.31 (relating to public notices of filing of permit applications); 25 Pa. Code § 87.203 (relating to applicability); 25 Pa. Code § 88.381 (relating to general requirements); 25 Pa. Code § 88.503 (relating to applicability); and 25 Pa. Code § 90.303 (relating to applicability).