An operator who receives an authorization under this subchapter shall comply with Chapter 86 (relating to surface and underground coal mining: general) and Subchapters A—D except as specifically modified by this subchapter. The operator shall also:

1. (1) Implement the approved water quality and quantity monitoring program for the pollution abatement area until the requirements of § 90.309 (relating to criteria and schedule for release of bonds on pollution abatement areas) are met. The monitoring program must conform to the following:

   1. (i) Sampling shall be conducted on a monthly basis for the pre-existing discharges and should adequately represent the seasonal range in loading rates as well as the median loading rate from each pre-existing discharge or combination of discharges.
   2. (ii) Results shall be submitted on a quarterly basis.
   3. (iii) Data must include the flow measurements and loading calculations.
2. (2) Implement the approved pollution abatement plan.

3. (3) Notify the Department when more frequent sampling is required.

   1. (i) Weekly sampling of the pre-existing discharges shall begin if any two consecutive monthly samples of pollution load at any of the monitoring points or hydrologic units exceed one or more of the triggers established by the baseline data.
   2. (ii) Weekly sampling requirements shall continue until two consecutive weekly sample analyses indicate that all parameters which triggered weekly sampling have dropped below the trigger established by the baseline data.

Authority

The provisions of this § 90.306 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 § 90.306 amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6780. Immediately preceding text appears at serial pages (378242) and (281279).

Cross References

This section cited in 25 Pa. Code § 90.307 (relating to treatment of discharges); and 25 Pa. Code § 90.309 (relating to criteria and schedule for release of bonds on pollution abatement areas).