Notes of Decisions

Mine drainage permit regulations are unclear as to whether permit applications are to be for opera-tions including discharges or for separate discharges. In re Consolidation Coal Co., 73 Pa. D. & C.2d 564 (1976). Under 25 Pa. Code § 99.11, the DER has the authority to require a showing from an applicant for a transfer permit that it can conduct mining so as to prevent pollution of the waters of the Common-wealth, and the DER may do so prior to issuing the requested transfer permit. Fossil Fuels, Inc., v. Department of Environmental Resources, 19 Pa. D.&C. 3d 392 (1981). Unless a permit has become void by operation of 25 Pa. Code § 99.21 (relating to voiding of per-mits) or has been voided by the DER itself, it is within the discretion of the DER to determine whether the mine is active for the purpose of allowing the mining permit to be transferred. Fossil Fuels, Inc. v. Department of Environmental Resources, 19 Pa. D. & C. 3d 392 (1981). The phrase ‘‘active mine’’, as used in 25 Pa. Code § 99.22 (relating to name changes), compre-hends something less than the phrase ‘‘mine in operation’ ’ as used in 25 Pa. Code § 99.23 since the safeguards in the former section greatly exceed those set forth in the latter section. Fossil Fuels, Inc. v. Department of Environmental Resources, 19 Pa. D. & C.3d 392 (1981)