1. (a) Authorization may not be granted under this subchapter unless the authorization is part of:

   1. (1) A permit issued after March 8, 1986, but only if the authorization request is made during one of the following periods:

      1. (i) At the time of the submittal of the permit application for the surface coal mining activities, including the proposed pollution abatement area.
      2. (ii) Prior to a Department decision to issue or deny that permit.

   2. (2) A permit revision under § 86.52 (relating to permit revisions), but only if the operator affirmatively demonstrates to the satisfaction of the Department that:

      1. (i) The operator has discovered pollutional discharges within the permit area that came into existence after its permit application was approved.
      2. (ii) The operator has not caused or contributed to the pollutional discharges.
      3. (iii) The proposed pollution abatement area is not hydrologically connected to an area where surface mining activities have been conducted under the permit.
      4. (iv) The operator has not affected the proposed pollution abatement area by surface mining activities.
      5. (v) The Department has not granted a bonding authorization and mining approval for the area under § 86.37(b) (relating to criteria for permit approval or denial).
2. (b) Notwithstanding subsection (a), no authorization may be granted under this subchapter for repermitting under § § 86.12 and 86.14 (relating to continued operation under interim permits; and permit application filing deadlines), permit renewals under § 86.55 (relating to permit renewals: general requirements) or permit transfers under § 86.56 (relating to transfer of permit).
3. (c) This subchapter applies to pre-existing discharges that are located within or are hydrologically connected to pollution abatement areas of a coal remining operation.
4. (d) When a coal remining operation seeks reissuance of an existing remining permit with best professional judgment limitations and the Department determines that it is not feasible for a remining operator to re-establish baseline pollutant levels in accordance with the statistical procedures in this subchapter, pre-existing discharge limitations at the existing remining operation remain subject to baseline pollutant levels established during the original permit application.

Authority

The provisions of this § 87.203 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 § 87.203 adopted June 28, 1985, 15 Pa.B. 2377, effective March 8, 1986, 16 Pa.B. 673; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6780. Immediately preceding text appears at serial page (237165).