1. (a) When the coal refuse disposal activities are being conducted on prime farmland historically used for cropland, a permit for the mining and reclamation operation may be granted by the Department if it first finds, in writing and after consultation with the Natural Resources Conservation Service, that the applicant has demonstrated that:

   1. (1) The approved postdisposal land use of this prime farmland will result in the land restored to a condition of being used for cropland.
   2. (2) The applicant has the technological capability to restore the prime farmland, within a reasonable time, to equivalent or higher levels of yield as nondisposal prime farmland in surrounding areas under equivalent levels of management.
   3. (3) The proposed reclamation will be conducted in compliance with the requirements of this section and § § 90.162—90.165.
2. (b) If a permit is granted under this section, the permit shall be specifically conditioned as containing the plan submitted under § 90.33 (relating to reclamation plan), including any revisions to that plan suggested by the United States Natural Resources Conservation Service.
3. (c) Areas where coal refuse disposal activities were authorized by permits issued under The Clean Streams Law (35 P. S. § § 691.1—691.1001) and the Clean Air Act (42 U.S.C.A. § § 7401—7642) prior to August 3, 1977, are exempt from the prime farmland requirements.

Authority

The provisions of this § 90.161 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); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

Source

The provisions of this § 90.161 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 March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (281268) and (207999).

Cross References

This section cited in 25 Pa. Code § 86.159 (relating to self-bonding); 25 Pa. Code § 90.45 (relating to prime farmland); 25 Pa. Code § 90.125 (relating to coal refuse disposal: construction requirements); and 25 Pa. Code § 90.151 (relating to revegetation: general requirements).