PRINTER'S NO. 1927
No. 1583 Session of 1975
INTRODUCED BY LAUDADIO, LETTERMAN, HASKELL, McCLATCHY,
MANMILLER, YAHNER, MENHORN, COWELL, GLEESON AND VALICENTI,
JULY 2, 1975
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
JULY 2, 1975
AN ACT
1 Amending the act of September 24, 1968 (P.L.1040, No.318),
2 entitled "An act providing for the protection of the safety,
3 health and welfare of the people, property and public roads
4 and highways of the Commonwealth from conditions on coal
5 refuse disposal piles, or parts thereof, which fail to comply
6 with the established rules, regulations or quality standards
7 adopted to avoid air or water pollution and from the danger
8 of slipping, sliding or burning of coal refuse disposal
9 piles, or parts thereof, sometimes caused by the storage of
10 coal refuse; prescribing for and regulating the operation of
11 coal refuse disposal piles, and parts thereof; prescribing
12 the powers of the Department of Mines and Mineral Industries
13 and the Secretary of Mines and Mineral Industries with
14 respect thereto; prescribing the duties of mine inspectors
15 with respect thereto; providing for the power to enjoin the
16 operation of coal refuse disposal piles, or parts thereof,
17 which contain certain conditions; providing for criminal
18 penalties; and authorizing the acquisition by condemnation of
19 certain land areas in certain cases," establishing a permit
20 system, authorizing the adoption of rules and regulations,
21 establishing minimum standards, requiring proof of financial
22 responsibility, making repeals and making changes to conform
23 to existing law.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. The title and act of September 24, 1968
27 (P.L.1040, No.318), known as the "Coal Refuse Disposal Control
1 Act," are amended to read:
2 AN ACT
3 Providing for the protection of the safety, health and welfare
4 of the people, property and public roads and highways of the
5 Commonwealth from conditions on coal refuse disposal piles,
6 or parts thereof, which fail to comply with the established
7 rules, regulations or quality standards adopted to avoid air
8 or water pollution and from the danger of slipping, sliding
9 or burning of coal refuse disposal piles, or parts thereof,
10 sometimes caused by the storage of coal refuse; prescribing
11 for and regulating the operation of coal refuse disposal
12 piles, and parts thereof; prescribing the powers of the
13 Department of [Mines and Mineral Industries and the Secretary
14 of Mines and Mineral Industries] Environmental Resources with
15 respect thereto; [prescribing the duties of mine inspectors
16 with respect thereto;] providing for the power to enjoin the
17 operation of coal refuse disposal piles, or parts thereof,
18 which contain certain conditions; providing for criminal
19 penalties; and authorizing the acquisition by condemnation of
20 certain land areas in certain cases.
21 Section 1. Findings and Declaration of Policy.--It is hereby
22 determined by the General Assembly of Pennsylvania and declared
23 as a matter of legislative finding that:
24 (1) [As a normal consequence of coal mining in some areas,
25 it is and has been necessary to deposit, on the surface, refuse
26 material which is removed from the subsurface along with the
27 coal.
28 (2)] The accumulation and storage of coal refuse material
29 can cause a condition which fails to comply with the established
30 rules, regulations or quality standards adopted to avoid air or
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1 water pollution and can create a danger to persons, property or
2 public roads or highways, either by reason of shifting or
3 sliding, or by exposing persons walking onto the refuse to the
4 danger of being burned.
5 [(3)](2) No coal refuse disposal pile, or part thereof,
6 should be operated in such manner as to cause a condition which
7 fails to comply with the established rules, regulations or
8 quality standards adopted to avoid air or water pollution or to
9 cause a danger to persons, property or public roads or highways,
10 and such condition and danger must be prevented and eliminated
11 by the control and regulation of coal refuse disposal so as to
12 effectuate the policy declared in this section.
13 [(4)](3) The mining of coal is and has been an important and
14 necessary industry, which has provided and will continue to
15 provide for the effective use and development of a valuable
16 natural resource underlying a large part of the Commonwealth of
17 Pennsylvania.
18 (4) Research and development of methods for reuse,
19 backstowing in underground mines and surface disposal of coal
20 refuse is essential to establish the technology necessary to
21 assure adequate environmental protection.
22 (5) The utilization of abandoned surface coal mines for coal
23 refuse disposal has been shown to be an acceptable alternative
24 to surface disposal and should be encouraged because it restores
25 the land resources and it improves the Commonwealth's air and
26 water quality.
27 The General Assembly of Pennsylvania therefore declares it to
28 be the policy of the Commonwealth of Pennsylvania that the
29 prevention and elimination of certain conditions resulting from
30 the operation of coal refuse disposal piles is directly related
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1 to the safety, health and welfare of the people of the
2 Commonwealth, making it necessary to control and regulate coal
3 refuse disposal.
4 Section 2. Short Title.--This act shall be known and may be
5 cited as the "Coal Refuse Disposal Control Act."
6 Section 3. Definitions.--The following words and terms shall
7 have the following meanings unless the context clearly indicates
8 otherwise:
9 (1) "Department" means the Department of [Mines and Mineral
10 Industries] Environmental Resources organized and operating in
11 the Commonwealth of Pennsylvania and its authorized
12 representatives.
13 (2) "Secretary of [Mines and Mineral Industries]
14 Environmental Resources" means the head of the Department of
15 [Mines and Mineral Industries] Environmental Resources appointed
16 and commissioned by the Governor and hereinafter referred to as
17 the secretary.
18 [(3) "Mine inspector" means the person commissioned by the
19 Governor to be supervisor of mines as described in the act of
20 July 17, 1961 (P.L.659), known as the "Pennsylvania Bituminous
21 Coal Mine Act," or the act of November 10, 1965 (P.L.721), known
22 as the "Pennsylvania Anthracite Coal Mine Act," as amended and
23 supplemented.
24 (4) "Commission" means an investigating commission
25 consisting of at least three mine inspectors appointed by the
26 secretary for the purpose of investigating and making a
27 determination with respect to the propriety of any cease-work
28 order issued by any mine inspector under section 7 of this act.
29 (5)](3) "Cease-work order" means an order issued pursuant to
30 [section 7 of] this act to cease operations on any coal refuse
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1 disposal pile, or part thereof, whichever is appropriate in the
2 circumstances, because of the imminent danger to persons,
3 property or public roads or highways due to the threat of
4 sliding or shifting of said coal refuse disposal pile or part
5 thereof.
6 [(6) "Correction order" means any order to correct a
7 condition on any coal refuse disposal pile, or part thereof,
8 whichever is appropriate in the circumstances, issued pursuant
9 to section 6 of this act, because of danger due to shifting,
10 sliding or burning of said coal refuse disposal pile, or part
11 thereof, or because the said coal refuse disposal pile, or part
12 thereof, is being operated so as to cause a condition which
13 fails to comply with the established rules, regulations or
14 quality standards adopted to avoid air or water pollution:
15 Provided, however, That the term "correction order" is not
16 synonymous with and is exclusive of the term "cease-work order."
17 (7)](4) "Person" means any individual, partnership,
18 association, authority, joint stock company, public or private
19 corporation, government agency, interstate agency, political
20 subdivision or other entity.
21 [(8)](5) "Property" means both real and personal property.
22 [(9)](6) "Coal refuse" means any waste coal, rock, shale,
23 slurry, culm, gob, boney, slate, clay and related materials,
24 associated with or near a coal seam, which are either brought
25 above ground or otherwise removed from a coal [mine in the the
26 process of mining coal, or which are separated from coal during
27 the cleaning or preparation operations: Provided, however, That
28 coal refuse shall not mean overburden from strip mining
29 operations, rock from mine shafts or mine tunnels or garbage,
30 refuse, ashes, rubbish or other materials not removed from a
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1 mine in the process of mining coal] mine in the process of
2 mining coal or which are separated from coal during the cleaning
3 or preparation operations.
4 [(10)](7) "Coal refuse disposal pile" means any deposit of
5 coal refuse on or buried in the earth and intended as permanent
6 disposal of or long-term storage of such material, but not
7 including coal refuse deposited within a mine itself or coal
8 refuse never removed from a mine. Continuous deposits of coal
9 refuse shall be considered as a single coal refuse disposal pile
10 [unless such deposits are so separated as to practically and
11 substantially minimize the danger referred to in section 4 of
12 this act].
13 [(11)](8) "Coal refuse disposal area" means any general area
14 or plot of land used as a place for dumping, storage or disposal
15 of coal refuse [containing one or more coal refuse disposal
16 piles, but not including any part of a "waste disposal area" as
17 defined in section 2 of the act of April 6, 1956 (P.L.1436)]
18 including a buffer zone.
19 [(12)](9) "Operate" means to enter upon a coal refuse
20 disposal [pile, or part thereof, for the purpose of disposing,
21 depositing or dumping coal refuse thereon.] area for the purpose
22 of disposing, depositing or dumping coal refuse or otherwise
23 physically altering the coal refuse disposal area except for
24 routine maintenance, or for the purpose of reclaiming or
25 removing coal refuse, ashes, or red dog or other material from a
26 coal refuse disposal area pursuant to the requirements of the
27 Surface Mining Conservation and Reclamation Act of May 31, 1945
28 (P.L.1198, No.418).
29 [(13)](10) "Operator" means any person operating any coal
30 refuse disposal pile, or part thereof.
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1 [(14)](11) "Air pollution" and "water pollution" shall,
2 respectively, have the definitions ascribed to them under
3 applicable laws, as amended, from time to time.
4 (12) "Stability" means the maintenance of a condition which
5 prevents danger to the safety, health or welfare of persons,
6 property or public roads or highways because of slipping,
7 shifting or sliding of coal refuse deposited on coal refuse
8 disposal areas.
9 (13) "Active operation" shall mean an operation on which the
10 operator has dumped, deposited, or disposed of coal refuse in
11 the preceding year.
12 (14) "Buffer zone" means land surrounding the immediate
13 perimeter of a coal refuse disposal area upon which no refuse
14 will be deposited and will be available for access, the
15 construction of diversion and collection devices, sedimentation
16 ponds and such other uses as may arise in the operation of the
17 area.
18 (15) "Reclamation and restoration" means the conservation
19 and improvement of land affected by coal refuse disposal to
20 enhance the value of such land for taxation, to decrease soil
21 erosion and siltation, to prevent pollution of the waters of the
22 Commonwealth, to prevent pollution of the air, to prevent and
23 eliminate hazards to health, safety, and welfare, and to improve
24 the use and enjoyment of said lands.
25 (16) "Abandoned coal refuse disposal area" means an area
26 which has not been operated for a period of twelve months or
27 more.
28 (17) "Inactive operation" means an operation upon which
29 operations have been suspended or discontinued for a period of
30 less than twelve months but more than six months.
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1 Section 3.1. Powers and Duties of the Department.--The
2 department shall have the power and its duty shall be to:
3 (1) Administer the coal refuse disposal control program
4 pursuant to the provisions of this act.
5 (2) Cooperate with appropriate Federal, State, interstate
6 and local units of government and with appropriate private
7 organizations in carrying out its duties under this act.
8 (3) Adopt such rules, regulations, standards and procedures
9 as shall be necessary to conserve the air, water and land
10 resources of the Commonwealth, protect the public health and
11 safety, prevent public nuisances, and enable it to carry out the
12 purposes and provisions of this act.
13 (4) Report to the Legislature from time to time on further
14 assistance that may be needed to administer this act.
15 (5) Initiate, conduct and support research, demonstration
16 projects, and investigations and coordinate all State agency
17 research programs pertaining to coal refuse disposal systems.
18 (6) Establish policies for effective coal refuse disposal.
19 (7) Issue such permits and orders and conduct such
20 inspections as may be necessary to implement the provisions of
21 this act and the rules and regulations and standards adopted
22 pursuant to the act.
23 (8) Review all Commonwealth research programs pertaining to
24 coal refuse disposal, including but not limited to water quality
25 and air pollution control: Provided, however, That this section
26 shall not be construed to limit the authority of each department
27 to conduct research programs and operations as authorized by
28 law.
29 (9) Review and take appropriate action on all permit
30 applications submitted pursuant to the provisions of this act
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1 and to issue, modify, suspend or revoke permits pursuant to this
2 act and to the rules and regulations adopted hereto. To order
3 the immediate stopping of any operation that is started without
4 the operator thereof having first obtained a permit as required
5 by this act, or in any case where regulations are being violated
6 or where the public welfare or safety calls for the immediate
7 halt of the operation until corrective steps have been started
8 by the operator to the satisfaction of the department.
9 (10) Enter upon, examine and inspect each and every coal
10 refuse disposal area in the Commonwealth, as often as necessary,
11 to determine whether any coal refuse disposal activities are
12 being operated in accordance with the provisions of this act.
13 Section 3.2. Powers and Duties of the Environmental Quality
14 Board.--(a) The Environmental Quality Board shall have the power
15 and its duties shall be to adopt rules and regulations to
16 accomplish the purposes of this act, including but not limited
17 to the protection of the safety, health, welfare and property of
18 the public, and the air and waters of the Commonwealth.
19 (b) Such rules and regulations shall be adopted pursuant to
20 the provisions of the act of July 31, 1968 (P.L.769, No.240),
21 known as the "Commonwealth Documents Law," upon such notice and
22 after such public hearings as the Environmental Quality Board
23 deems appropriate.
24 Section 3.3. Powers and Duties of the Environmental Hearing
25 Board.--The Environmental Hearing Board shall have the power and
26 its duties shall be to hear and determine all appeals from
27 actions of the department taken in accordance with the
28 provisions of this act. Any and all actions taken by the
29 Environmental Hearing Board with reference to any such appeal
30 shall be in the form of an adjudication, and all such actions
19750H1583B1927 - 9 -
1 shall be subject to the provisions of the act of June 4, 1945
2 (P.L.1388, No.442), known as the "Administrative Agency Law."
3 Section 4. [Proper Operation of Coal Refuse Disposal Pile,
4 or Part Thereof] Permits.--(a) [From and after the passage of
5 this act, no operator of a coal refuse disposal pile shall
6 operate the same, or a part thereof, in such a way as to cause a
7 condition which fails to comply with the established rules,
8 regulations or quality standards adopted to avoid air or water
9 pollution, or in such a way as to constitute a danger to the
10 safety, health or welfare of persons, property or public roads
11 or highways because of the burning, slipping or sliding of coal
12 refuse deposited on the coal refuse disposal pile, or part
13 thereof.] No person shall establish or operate a coal refuse
14 disposal area or enter upon an abandoned coal refuse disposal
15 area or reactivate an inactive operation for the purposes of
16 coal refuse disposal without first having obtained a permit from
17 the department.
18 (b) [From and after the passage of this act, any operator
19 may be ordered, with respect to any new coal refuse disposal
20 pile created thereafter, or any part of an existing coal refuse
21 disposal pile on which he operates thereafter, to build drainage
22 ditches, trenches and/or gullies, to build impervious dams, to
23 remove combustible materials, to alter locations, to engage in
24 spreading, compacting and/or layering to use clay, soil and/or
25 other inert sealing materials, or to alter slopes, if some or
26 all of the foregoing are, in the circumstances, necessary to
27 prevent or correct a condition which fails to comply with the
28 established rules, regulations or quality standards adopted to
29 avoid air or water pollution, or are, in the circumstances,
30 necessary to prevent or correct a condition constituting a
19750H1583B1927 - 10 -
1 danger to the safety, health or welfare of persons, property or
2 public roads or highways because of the burning, slipping or
3 sliding of coal refuse deposited on a coal refuse disposal pile,
4 or part thereof.] Permits for coal refuse disposal are not
5 transferable or assignable, but may be reissued by the
6 department upon a change of ownership upon a determination by
7 the department that compliance with applicable statutes and
8 rules and regulations has been achieved.
9 (c) Permits granted under the provisions of this act shall
10 be subject to suspension or revocation at any time the
11 department has determined that the coal refuse disposal area is
12 being operated in violation of the permit, the rules and
13 regulations or the provisions of this act. Changes in the method
14 of disposal unless approved by the department shall be deemed a
15 violation of the permit.
16 (d) The provisions of this act shall not apply to the
17 disposal of coal refuse on land covered by a permit issued
18 pursuant to the requirements of the Surface Mining Conservation
19 and Reclamation Act (52 P.S.1396.1 et seq.) to an active
20 surface mining operation or to an operation removing or
21 reclaiming coal refuse, ashes, or red dog or other material from
22 a coal refuse disposal area.
23 (e) The department may withhold the issuance of any permit
24 required by this act when the applicant has been found to be in
25 violation of any relevant provision of this act, or of any
26 relevant rule, regulation or order of the Environmental Hearing
27 Board, or of any relevant order of the department or when the
28 said violation demonstrates a lack of ability or intention on
29 the part of the applicant to comply with the law or with the
30 conditions of the permit sought. In such case, the department
19750H1583B1927 - 11 -
1 shall forthwith notify the applicant in writing of the grounds
2 for withholding issuance of the permit, setting forth in
3 reasonable detail the nature of the violation. Should the
4 applicant wish to do so, he may offer evidence of his ability
5 and intention to comply with the provisions of this act and the
6 rules, regulations and orders of the Environmental Hearing Board
7 and of the conditions of the permit notwithstanding such
8 violation, and should the department be satisfied, it may in its
9 discretion grant said permit under such terms and conditions as
10 it may deem necessary.
11 Section 5. [Powers of the Department of Mines and Mineral
12 Industries and the Secretary of Mines and Mineral Industries]
13 Applications.--(a) [All rights and powers heretofore possessed
14 by the Sanitary Water Board and the Air Pollution Commission
15 under existing laws shall remain as heretofore, except that the
16 department, acting by and through its mine inspectors, shall be
17 the exclusive investigating, examining, reporting and
18 enforcement agency for the Sanitary Water Board, and for the Air
19 Pollution Commission with respect to their respective powers,
20 duties, obligations and responsibilities as such are involved in
21 or related to the operation of coal refuse disposal areas as
22 defined in this act. In that regard, the department shall have
23 power and its duty shall be to enter upon, examine and inspect
24 each and every coal refuse disposal area in the Commonwealth, as
25 often as may be necessary, to determine whether any coal refuse
26 disposal pile, or part thereof, is being operated in such manner
27 as to cause a condition which fails to comply with the
28 established rules, regulations or quality standards adopted to
29 avoid air or water pollution, and to determine whether there is
30 present any danger to any person, property or public roads or
19750H1583B1927 - 12 -
1 highways because of the shifting, sliding or burning of coal
2 refuse thereon, or on any part thereof.] Application for a
3 permit shall be in writing and shall be made on a form
4 prescribed, prepared and furnished by the department and shall
5 set forth such information and be accompanied by such data as
6 the department may require including but not limited to maps,
7 geological reports, soils reports, design and operational plans,
8 and shall be prepared by and bear the seal and signature of a
9 registered professional engineer.
10 (b) [In the enforcement of this act, and in the adoption and
11 enforcement of rules and regulations with respect to the
12 operation of coal refuse disposal areas, the Sanitary Water
13 Board, the Air Pollution Commission and the Department of Mines
14 and Mineral Industries shall coordinate their activities to the
15 fullest extent possible to achieve a uniform system of control
16 and to avoid inconsistencies.] Applications shall be accompanied
17 by a filing fee of five hundred dollars ($500) plus ten dollars
18 ($10) per acre for acreage in excess of fifty acres. For
19 purposes of computing the filing fee the acreage shall
20 correspond to that area specified in the definition of a coal
21 refuse disposal area in this act. The filing fee is not
22 refundable.
23 (c) The applicant shall file with the department a bond for
24 the land affected by each operation on a form to be prescribed
25 and furnished by the department, payable to the Commonwealth and
26 conditioned that the applicant shall faithfully perform all of
27 the requirements of this act. The amount of the bond required
28 shall be in an amount determined by the department based upon
29 the total estimated cost to the Commonwealth of completing the
30 approved reclamation plan. Said estimate shall be based upon an
19750H1583B1927 - 13 -
1 evaluation of the application, data, and other documents
2 submitted by the applicant, inspection of the coal refuse
3 disposal area, and such other criteria as may be relevant,
4 including the proposed land use. Such bond may consist of surety
5 or collateral bonds, or cash deposited in escrow and shall not
6 be required for a period longer than ten years after the coal
7 refuse disposal operation has ceased. Except that when coal
8 refuse disposal is accomplished in abandoned surface mine pits
9 so that reclamation and restoration of the land is intended,
10 bonding shall not be required in excess of five hundred dollars
11 ($500) per acre of coal refuse disposal area. The total amount
12 of the bond required may be reduced by the department as
13 portions of the operations are reclaimed and restored in
14 accordance with the terms and conditions of the permit and the
15 approved design plan and plan of operation.
16 (d) Coal refuse disposal areas in existence on the effective
17 date of this act shall include a schedule of time by which the
18 portion of the area in operation on such effective date will be
19 in full compliance with the requirements of this act. The
20 department may set such dates for compliance with the act for
21 any coal refuse area as it deems necessary to prevent or abate
22 pollution, health or safety hazards, or nuisances.
23 Section 6. [Powers and Duties of Mine Inspectors; Correction
24 Order.--(a) Any mine inspector directed by the Department of
25 Mines and Mineral Industries shall have the right to enter any
26 coal refuse disposal area in order to inspect and examine any
27 coal refuse disposal pile therein, and if he finds during his
28 inspection and examination any condition on any coal refuse
29 disposal pile, or part thereof, which, in his opinion, based on
30 observable conditions, constitutes a danger to any person,
19750H1583B1927 - 14 -
1 property or public roads or highways either because of shifting,
2 sliding or burning of coal refuse or because the coal refuse
3 disposal pile, or part thereof, is being operated so as to cause
4 a condition which fails to comply with the established rules,
5 regulations or quality standards adopted to avoid air or water
6 pollution, he shall have the authority to issue a written
7 correction order requiring the operator to correct such
8 condition, in reasonable fashion, within a reasonable time.]
9 Design Plan Requirements.--(a) Upon receipt of notification that
10 an application is complete and site approval has been granted by
11 the department the applicant shall submit a detailed design
12 plan. The design plan shall set forth information pertinent to
13 insure compliance with the requirements of the act of June 22,
14 1937 (P.L.1987, No.394), known as "The Clean Streams Law"; the
15 act of January 8, 1960 (P.L.2119, No.787), known as the "Air
16 Pollution Control Act"; the acts of June 25, 1913 (P.L.555,
17 No.355), June 25, 1931 (P.L.1371, No.341), June 14, 1923
18 (P.L.704, No.294), the water obstruction acts; and department
19 regulations applicable to these acts.
20 (b) [In the event that any operator fails to comply with any
21 written correction order issued by a mine inspector concerning
22 the slipping, sliding or burning of a coal refuse disposal pile,
23 or part thereof, (not including those conditions as they might
24 involve failure to comply with the established rules,
25 regulations or quality standards adopted to avoid air or water
26 pollution), the mine inspector shall at once notify the
27 secretary, and immediately send or deliver a copy of the notice
28 to the operator, and the secretary shall, if he agrees that the
29 slipping, sliding or burning condition is of the dangerous type
30 contemplated in this act, even though not imminently dangerous,
19750H1583B1927 - 15 -
1 request the Attorney General to apply, in the name of the
2 Commonwealth, either to the court of common pleas in the county
3 in which such coal refuse disposal pile, or part thereof, is
4 located or to the Commonwealth Court, whichever the Attorney
5 General may deem appropriate in the circumstances, for an
6 injunction to enjoin any further operation of such coal refuse
7 disposal pile, or part thereof, whichever is appropriate in the
8 circumstances, until the dangerous condition giving rise to the
9 order is corrected.] The plan shall provide for reclamation and
10 restoration by minimizing the portion of the pile that will
11 remain exposed to precipitation at any time, and shall describe
12 the proposed cover material including the type and quantity of
13 material available and conservation of topsoil and subsoil for
14 use as a final cover for purposes of revegetation, and a
15 complete planting program utilizing rapid growing trees,
16 grasses, legumes, shrubs or any combination thereof. Planting of
17 side slopes and completed portions of the coal refuse disposal
18 pile shall occur as the operation proceeds, and a final layer of
19 cover soil suitable for revegetation shall be placed on each
20 portion of the surface of the disposal pile as soon as
21 practicable after placing the final layer of coal refuse on said
22 portion. On slopes exceeding fifteen percent the minimum depth
23 of cover soil shall be three feet. On slopes less than fifteen
24 percent the minimum depth of cover soil shall be two feet,
25 unless the department finds upon affirmative demonstration by
26 the permittee that the coal refuse area can be effectively
27 revegetated by other means.
28 (c) [Whenever any such written correction order is issued
29 because a condition of noncompliance with the established rules,
30 regulations or quality standards adopted to avoid air or water
19750H1583B1927 - 16 -
1 pollution is caused by the operation of a coal refuse disposal
2 pile, or part thereof, and the operator fails to correct the
3 condition, in reasonable fashion, within the time prescribed by
4 the mine inspector, a full report thereof shall be sent to the
5 Sanitary Water Board or the Air Pollution Commission, as the
6 case may be, with a copy being immediately sent or delivered to
7 the operator, and such board or commission, as the case may be,
8 shall determine whether the condition fails to comply with the
9 established rules, regulations or quality standards adopted to
10 avoid air or water pollution. If either the Sanitary Water Board
11 or the Air Pollution Commission should find a coal refuse
12 disposal pile, or part thereof, being operated in violation of
13 the provisions of this act or in a manner not in accordance with
14 the established rules, regulations or quality standards adopted
15 to avoid air or water pollution, as the case may be, it shall
16 take appropriate action, by and through the department as its
17 agent, under and in accordance with existing laws.] Impoundments
18 shall not be located on coal refuse disposal areas except as
19 approved by the department.
20 (d) A minimum clear space shall be provided from the outer
21 perimeter of any coal refuse disposal pile as required by the
22 department.
23 (e) Coal refuse shall be deposited in layers and compacted
24 as required by the department.
25 (f) Slopes of coal refuse disposal piles shall be limited to
26 insure stability and prevent erosion.
27 (g) The height of coal refuse disposal piles shall be
28 limited to insure stability.
29 (h) Coal refuse shall not be deposited on or near any
30 portion of a coal refuse disposal pile known to be burning.
19750H1583B1927 - 17 -
1 (i) Waste materials including, but not limited to wood,
2 cloth, waste paper, oil, grease and garbage shall not be
3 deposited on or near any coal refuse disposal pile.
4 Section 6.1. Proof of Financial Responsibility.--(a) Prior
5 to the issuance of a coal refuse disposal permit by the
6 department, the operator shall file with the department a bond
7 for the land affected, as described in section 5, on a form to
8 be prescribed and furnished by the department, payable to the
9 Commonwealth and conditioned that the operator shall faithfully
10 perform all of the requirements of this act. Liability under
11 such bond shall be for the duration of the coal refuse disposal
12 operation, and for a period of ten years after the completion of
13 the operation, unless released in whole or in part prior
14 thereto.
15 (b) Such bond shall be executed by the operator and a
16 corporate surety licensed to do business in the Commonwealth and
17 approved by the secretary: Provided, however, That the operator
18 may elect to deposit cash or negotiable bonds of the United
19 States Government or the Commonwealth of Pennsylvania, the
20 Pennsylvania Turnpike Commission, the General State Authority,
21 the State Public School Building Authority, or any municipality
22 within the Commonwealth, with the department in lieu of a
23 corporate surety. The cash deposit or market value of such
24 securities shall be equal at least to the sum of the bond. The
25 secretary shall, upon receipt of any such deposit of cash or
26 securities, immediately place the same with the State Treasurer,
27 whose duty it shall be to receive and hold the same in the name
28 of the Commonwealth, in trust, for the purposes for which such
29 deposit is made. The State Treasurer shall at all times be
30 responsible for the custody and safekeeping of such deposits.
19750H1583B1927 - 18 -
1 The operator making the deposit shall be entitled from time to
2 time to demand and receive from the State Treasurer, on the
3 written order of the secretary, the whole or any portion of any
4 securities so deposited, upon depositing with him, in lieu
5 thereof, other negotiable securities of the classes herein
6 specified having a market value at least equal to the sum of the
7 bond, and also to demand, receive and recover the interest and
8 income from said securities as the same becomes due and payable:
9 Provided, however, That where securities, deposited as
10 aforesaid, mature or are called, the State Treasurer, at the
11 request of the operator, shall convert such securities into such
12 other negotiable securities of the classes herein specified as
13 may be designated by the operator.
14 (c) Provisions shall be made for maintenance of the site for
15 as long as necessary after completion of the operation to
16 prevent health safety or pollution hazards or nuisances from
17 occurring. Maintenance shall include but not be limited to
18 repair of cracks or fissures, repair of areas where settling
19 occurs, repair of erosion areas, treatment of acid drainage or
20 runoff, extinguishment of fires or hot spots, reseeding and soil
21 treatment until adequate vegetative cover is established.
22 Liability of the permittee shall continue for as long as
23 necessary, provided that when the department specifically finds
24 upon affirmative demonstration by the permittee that the coal
25 refuse area is not likely to cause health, safety or pollution
26 hazards or nuisances the department may release the permittee
27 from liability.
28 Section 7. [Imminent Danger; Cease-Work Order.--] Prohibited
29 Acts.--It shall be unlawful for any person to:
30 [(a) If the mine inspector finds, at the time of his
19750H1583B1927 - 19 -
1 inspection of a coal refuse disposal area, that any coal refuse
2 disposal pile, or part thereof, constitutes an imminent danger
3 to persons, property or public roads or highways because of the
4 threat of sliding or shifting, he shall immediately order all
5 operations in such coal refuse disposal pile, or part thereof,
6 whichever is appropriate in the circumstances, to cease and
7 shall immediately notify the secretary in writing of his action
8 and immediately send or deliver a copy of such writing to the
9 operator, and the secretary shall immediately and within twenty-
10 four hours, appoint a commission to accompany promptly the said
11 mine inspector to the coal refuse disposal pile, or part
12 thereof, whereon said condition of imminent danger is alleged to
13 exist.]
14 (1) Dump or deposit or permit the dumping or depositing of
15 any coal refuse onto the surface of the ground or into the
16 waters of the Commonwealth without having obtained a permit as
17 required by section 4.
18 [(b) The commission shall immediately and before the end of
19 the day of its appointment make a full investigation and make
20 its determination whether to affirm or disaffirm the cease-work
21 order. It shall give the operator a reasonable opportunity to be
22 present, to be heard and to produce evidence at such
23 investigation. If the commission shall agree that there is a
24 condition of imminent danger they shall affirm the cease-work
25 order issued by the mine inspector. If the commission disagrees
26 with the finding of the mine inspector, the commission shall
27 disaffirm the cease-work order and, in such case, the said order
28 shall be rescinded and be completely null and void and any
29 operation in disregard thereof shall not be deemed a misdemeanor
30 or be subject to any penalty or prejudice whatsoever.]
19750H1583B1927 - 20 -
1 (2) Construct, alter or operate a coal refuse disposal
2 facility or area or pile without a permit from the department or
3 in violation of the rules, regulations, standards, or orders of
4 the department.
5 [(c) If the commission affirms the cease-work order by the
6 mine inspector, it shall report the same immediately to the
7 secretary and, in such event, the secretary shall immediately
8 and fully investigate the alleged condition of imminent danger
9 and shall also give the operator a reasonable opportunity to be
10 present, to be heard and to produce evidence at such
11 investigation and the secretary shall thereupon determine what
12 condition, if any, must be rectified in reasonable fashion, in
13 order for operation in the coal refuse disposal pile or that
14 part thereof affected by the cease-work order, to resume and
15 shall immediately notify the operator of the coal refuse
16 disposal pile in question as to his determination.]
17 (3) Burn coal refuse except in a manner approved by the
18 department.
19 [(d) When, in any case, the secretary determines that the
20 condition of imminent danger calling for the cease-work order
21 has been rectified, in reasonable fashion, he shall, within
22 twenty-four hours after making such determination, notify the
23 operator accordingly, and the operator may immediately resume
24 operations on the coal refuse disposal pile, or part thereof.]
25 (4) Store, process or dispose of coal refuse contrary to the
26 rules, regulations, standards or orders of the department or in
27 such a manner as to create a public nuisance.
28 [(e) If the cease-work order has been affirmed by the
29 commission, then the secretary shall, within three days after
30 the commission has affirmed the cease-work order issued by the
19750H1583B1927 - 21 -
1 mine inspector, decide whether to proceed for an injunction
2 against the operator of the coal refuse disposal pile, or part
3 thereof, whichever may be appropriate in the circumstances, as
4 hereinafter provided in section 8 of this act. If the secretary
5 decides to proceed for an injunction, he shall do so by
6 requesting the Attorney General to take appropriate action in
7 the name of the Commonwealth either in the court of common pleas
8 in the county in which such coal refuse disposal pile, or part
9 thereof, is located, or in the Commonwealth Court, whichever the
10 Attorney General may deem appropriate in the circumstances. If,
11 in any case, the secretary does not, acting by and through the
12 Attorney General, institute action to obtain an injunction
13 within said three-day period, the cease-work order of the mine
14 inspector shall be deemed rescinded and completely null and
15 void, and the operator may thereupon continue operating the coal
16 refuse disposal pile, or part thereof, as theretofore and any
17 operation thereon in disregard of the cease-work order shall not
18 be deemed a misdemeanor or subject to any penalty or prejudice
19 whatsoever.]
20 (5) Fail to comply with any rule or regulation or to fail to
21 comply with any order of the department, to violate or to assist
22 in the violation of any of the provisions of this act or rules
23 and regulations adopted hereunder, or to in any manner hinder,
24 obstruct, delay, resist, prevent or in any way interfere or
25 attempt to interfere with the department or its personnel in the
26 performance of any duty hereunder, or refuse to permit such
27 personnel to perform their duty by refusing them, after proper
28 identification or presentation of a written order of the
29 department, entrance at reasonable hours to any premises.
30 [(f) In any case where a cease-work order is ultimately
19750H1583B1927 - 22 -
1 determined to be invalid, no operation in disregard thereof
2 shall be deemed a misdemeanor or subject to any penalty or
3 prejudice whatsoever. Continued operation pursuant to a
4 supersedeas or similar order shall not be deemed a misdemeanor
5 or be subject to any penalty or prejudice whatsoever.]
6 (6) Deposit coal refuse within one hundred feet of the
7 outside line of the right-of-way of any public highway or within
8 three hundred feet of any occupied dwelling house, unless
9 released by the owner thereof, or any public building, school,
10 park or community or institutional building or within one
11 hundred feet of any cemetery, or of the bank of any stream.
12 Section 8. [Injunctive Relief.--In any case where an
13 injunction is sought pursuant to the provisions of sections 6 or
14 7 of this act, the court in which the application for an
15 injunction is filed shall at once proceed to hear and determine
16 the case; and if the cause appears to be sufficient, after
17 hearing the parties and their evidence, as in like cases, shall
18 issue its writ to restrain the operation of such coal refuse
19 disposal pile, or part thereof, whichever may be appropriate in
20 the circumstances, until the dangerous condition giving rise to
21 the order is corrected, as said court shall so direct; and the
22 costs shall be borne by the operator of the coal refuse disposal
23 pile: Provided, That if said court shall find the cause not
24 sufficient, then the case shall be dismissed, and the costs
25 shall be borne by the county wherein said coal refuse disposal
26 pile, or part thereof involved, is located: Provided, further,
27 That, except in cases of emergency where, in the opinion of the
28 court, the exigencies of the case require immediate
29 rectification or correction of a dangerous condition, the court
30 may, in its decree, fix a reasonable time during which the
19750H1583B1927 - 23 -
1 operator responsible for the condition may make provision for
2 the rectification or correction of the same.] Imminent Danger;
3 Cease-Work Orders.--(a) If the department finds at the time of
4 an inspection of a coal refuse disposal area, that any coal
5 refuse disposal pile, or part thereof, constitutes an imminent
6 danger to persons, property or public roads or highways because
7 of the threat of sliding or shifting, the department shall have
8 the power to immediately order all operations in such coal
9 refuse disposal pile, or part thereof, whichever is appropriate
10 in the circumstances, to cease immediately and shall immediately
11 send or deliver a copy of such order in writing to the operator.
12 (b) When, in any case, the department determines that the
13 condition of imminent danger calling for the cease-work order
14 has been rectified, it shall notify the operator accordingly,
15 and the operator may immediately resume operations on the coal
16 refuse disposal pile, or part thereof.
17 Section 9. [Criminal Penalties.--Any operator who refuses to
18 comply with a cease-work order issued by a mine inspector
19 pursuant to this act shall, except as otherwise herein provided,
20 be guilty of a misdemeanor, and, upon conviction thereof in the
21 court of quarter sessions of the county in which the coal refuse
22 disposal pile, or part thereof, is located, shall be sentenced
23 to pay a fine of not less than one thousand dollars ($1,000),
24 nor more than five thousand dollars ($5,000), and the operator,
25 or if such operator be an association or copartnership, then the
26 members thereof, or if such operator be a corporation, then the
27 officers, agents, servants and employes thereof, may be
28 imprisoned in the county jail for a period of not more than one
29 year. All prosecutions under the penal provisions herein set
30 forth, shall be instituted and prosecuted by the Attorney
19750H1583B1927 - 24 -
1 General, or by and with his written consent. Each day of
2 continued refusal by an operator to comply with a cease-work
3 order shall constitute a separate offense.] Enforcement
4 Orders.--The department may issue such orders as are necessary
5 to aid in the enforcement of the provisions of this act. Such
6 orders shall include, but shall not be limited to, orders
7 modifying, suspending or revoking permits and orders requiring
8 persons to cease operations of disposal area which in the course
9 of its operation is in violation of any provision of this act.
10 An order issued under this act shall take effect upon notice,
11 unless the order specifies otherwise. An appeal to the
12 Environmental Hearing Board shall not act as a supersedeas. The
13 right of the department to issue an order under this act is in
14 addition to any penalty which may be imposed pursuant to this
15 act.
16 Section 10. [Health Nuisances.--Nothing in this act shall
17 limit the powers conferred upon the Department of Health to
18 control and abate nuisances detrimental to the public health as
19 provided in any law now in effect.] Injunctive Relief.--(a) In
20 addition to any other remedies provided for in this act, the
21 department may request the Attorney General to petition the
22 Commonwealth Court of the court of common pleas in the county in
23 which the defendant resides or has his place of business for an
24 injunction to restrain all violation and to that end
25 jurisdiction is hereby conferred in law and equity upon such
26 courts.
27 (b) The penalties and remedies prescribed by this act shall
28 be deemed concurrent and the existence of or exercise of any
29 remedy shall not prevent the department from exercising any
30 other remedy hereunder, at law or in equity.
19750H1583B1927 - 25 -
1 Section 11. [Authorizing Operator to Acquire Interests in
2 Land by Eminent Domain.--Whenever any operator is directed by a
3 mine inspector, or a court of common pleas, or the Commonwealth
4 Court, or otherwise, to cease operating a coal refuse disposal
5 pile, or part thereof, whichever is appropriate in the
6 circumstances, or to correct a dangerous condition thereon,
7 pursuant to the public policy set forth in this act, then such
8 operator, if not otherwise vested with the right of eminent
9 domain, may make application to the secretary for a finding and
10 an order that the use by the applicant of a specified interest
11 in a specifically described area of land is necessary to enable
12 the applicant to operate in a lawful manner in connection with
13 the correction of a dangerous condition. Whenever an operator
14 foresees that it will be necessary to acquire a specified
15 interest in a specifically described area of land in order to
16 operate a coal refuse disposal area or pile, or part thereof, in
17 a lawful manner, then such operator, if not otherwise vested
18 with the right of eminent domain, may make application to the
19 secretary for a finding and an order that the use by the
20 applicant of a specified interest in a specifically described
21 piece of land is necessary in order to enable said operator to
22 operate said area or pile, or part thereof, in a lawful manner.
23 In either such event, the secretary may, after hearing, with
24 reasonable notice to the proposed condemnee or condemnees, and
25 full opportunity to be heard and present evidence, make the
26 appropriate finding and issue the appropriate order authorizing
27 the acquisition of the specified interest in a specifically
28 described area of land by the operator by the power of eminent
29 domain. Upon the making of said finding and the issuance of said
30 order, then, for the purpose of this act, such operator
19750H1583B1927 - 26 -
1 receiving the order shall be vested with the right of eminent
2 domain which shall be exercised only upon said authorization by
3 the secretary, and in such event the operator shall proceed in
4 the manner and form set forth in the act of June 22, 1964
5 (P.L.84), known as the "Eminent Domain Code": Provided, That no
6 property used as a place of public worship or for burial
7 purposes shall be taken under the right of eminent domain:
8 Provided further, That where any existing public street or road
9 is vacated by any municipality in order to facilitate any
10 undertaking in connection with land acquired under the right of
11 eminent domain as provided for above, the operator acquiring
12 such land shall reimburse all public utilities for the costs of
13 relocating and reconstructing their facilities necessitated by
14 the closing of any such street or road.] Civil Penalties.--In
15 addition to proceeding under any other remedy available at law
16 or in equity for a violation of a provision of this act or a
17 rule or regulation or an order of the department, the
18 Environmental Hearing Board or court, after hearing, may assess
19 a civil penalty upon a person for such violation. Such a penalty
20 may be assessed whether or not the violation was willful. The
21 civil penalty so assessed shall not exceed ten thousand dollars
22 ($10,000), plus five hundred dollars ($500) for each day of
23 continued violation. In determining the amount of the civil
24 penalty the Environmental Hearing Board or court shall consider
25 the willfulness of the violation, damage or injury to the
26 waters, land or air of the Commonwealth or their uses, cost of
27 restoration, and other relevant factors. It shall be payable to
28 the Commonwealth of Pennsylvania and shall be collectible in any
29 manner provided at law for the collection of debts. If any
30 person liable to pay any such penalty neglects or refuses to pay
19750H1583B1927 - 27 -
1 the same after demand, the amount, together with interest and
2 any costs that may accrue, shall be a lien in favor of the
3 Commonwealth upon the property, both real and personal, of such
4 person but only after same has been entered and docketed of
5 record by the prothonotary of the county where such is situated.
6 The Environmental Hearing Board or court may, at any time,
7 transmit to the prothonotaries of the respective counties
8 certified copies of all such liens, and it shall be the duty of
9 each prothonotary to enter and docket the same of record in his
10 office, and to index the same as judgments are indexed, without
11 requiring the payment of costs as a condition precedent to the
12 entry thereof.
13 Section 12. [Severability Clause.--The provisions of this
14 act are severable and if any provision or part thereof shall be
15 held invalid or unconstitutional or inapplicable to any person
16 or circumstances, such invalidity, unconstitutionality or
17 inapplicability shall not affect or impair the remaining
18 provisions of the act.] Criminal Penalties.--(a) Any person who
19 violates any provision of this act or any rule or regulation or
20 any order of the department issued pursuant to this act is
21 guilty of a summary offense and, upon conviction, shall be
22 subject to a fine of not less than one hundred dollars ($100)
23 nor more than one thousand dollars ($1,000) for each separate
24 offense, and, in default of the payment of such fine, the
25 person, or if such person be a partnership, then the members
26 thereof, or if such person be a corporation or association, then
27 the officers, members, agents, servants or employes thereof,
28 shall be imprisoned in the county jail for a period of sixty
29 days.
30 (b) Any person who, after a conviction in a summary
19750H1583B1927 - 28 -
1 proceeding within two years as above provided, violates any
2 provision of this act or any rule or regulation or order of the
3 Environmental Hearing Board or any order of the department
4 issued pursuant to this act is guilty of a misdemeanor and, upon
5 conviction, shall be subject to a fine not less than one hundred
6 dollars ($100) nor more than five thousand dollars ($5,000) for
7 each separate offense or to imprisonment in the county jail for
8 a period of not more than one year, or both. In the case of the
9 partnership the members thereof, and in the case of a
10 corporation or an association the officers, members, agents,
11 servants or employees thereof, may be subject to any such
12 sentence of imprisonment.
13 (c) Each day of continued violation of any provision of this
14 act or any rule or regulation or order of the Environmental
15 Hearing Board or any order of the department issued pursuant to
16 this act shall constitute a separate offense under subsections
17 (a) and (b).
18 Section 13. Summary Proceedings.--All summary proceedings
19 under the provisions of this act may be brought before any
20 magistrate, alderman or justice of the peace of the county where
21 the offense occurred or in the county where the public is
22 affected, and to that end jurisdiction is hereby conferred upon
23 said magistrates, alderman or justice of the peace, subject to
24 appeal by either party in the manner provided by law. In the
25 case of any appeal from any such conviction in the manner
26 provided by law for appeals from summary conviction, it shall be
27 the duty of the district attorney of the county to represent the
28 interests of the Commonwealth.
29 Section 14. Appeals.--Any person who shall be aggrieved by
30 an action of the department under this act shall have the right
19750H1583B1927 - 29 -
1 to appeal such action to the Environmental Hearing Board
2 pursuant to section 3.3.
3 Section 15. Coal Refuse Fund.--All fines, civil penalties
4 and fees collected under this act shall be paid into the
5 Treasury of the Commonwealth in a special fund known as the
6 "Coal Refuse Fund," hereby established, which shall be
7 administered by the department for use in the elimination of
8 pollution, the abatement of health and safety hazards and
9 nuisances and such other purposes as are necessary to implement
10 the provisions of this act pursuant to the rules and regulations
11 adopted by the Environmental Quality Board.
12 Section 16. Authorizing Operator to Acquire Interests in
13 Land by Eminent Domain.--Whenever any operator is directed by
14 the department, or a court of common pleas, or the Commonwealth
15 Court, or otherwise, to cease operating a coal refuse disposal
16 pile, or part thereof, whichever is appropriate in the
17 circumstances, or to correct a dangerous condition thereon,
18 pursuant to the public policy set forth in this act, then such
19 operator, if not otherwise vested with the right of eminent
20 domain, may make application to the secretary for a finding and
21 an order that the use by the applicant of a specified interest
22 in a specifically described area of land is necessary to enable
23 the applicant to operate in a lawful manner in connection with
24 the correction of a dangerous condition. Whenever an operator
25 foresees that it will be necessary to acquire a specified
26 interest in a specifically described area of land in order to
27 operate a coal refuse disposal area or pile, or part thereof, in
28 a lawful manner, then such operator, if not otherwise vested
29 with the right of eminent domain, may make application to the
30 secretary for a finding and an order that the use by the
19750H1583B1927 - 30 -
1 applicant of a specified interest in a specifically described
2 piece of land is necessary in order to enable said operator to
3 operate said area or pile, or part thereof, in a lawful manner.
4 In either such event, the secretary may, after hearing, with
5 reasonable notice to the proposed condemnee or condemnees, and
6 full opportunity to be heard and present evidence, make the
7 appropriate finding and issue the appropriate order authorizing
8 the acquisition of the specified interest in a specifically
9 described area of land by the operator by the power of eminent
10 domain. Upon the making of said finding and the issuance of said
11 order, then, for the purpose of this act, such operator
12 receiving the order shall be vested with the right of eminent
13 domain which shall be exercised only upon said authorization by
14 the secretary, and in such event the operator shall proceed in
15 the manner and form set forth in the act of June 22, 1964
16 (P.L.84, No.6), known as the "Eminent Domain Code": Provided,
17 That no property used as a place of public worship or for burial
18 purposes shall be taken under the right of eminent domain:
19 Provided further, That where any existing public street or road
20 is vacated by any municipality in order to facilitate any
21 undertaking in connection with land acquired under the right of
22 eminent domain as provided for above, the operator acquiring
23 such land shall reimburse all public utilities for the cost of
24 relocating and reconstructing their facilities necessitated by
25 the closing of any such street or road.
26 Section 17. Savings Clause.--Nothing in this act shall be
27 construed as estopping the Commonwealth, or any district
28 attorney from proceeding in courts of law or equity to abate
29 pollutions forbidden under this act, or abate nuisances under
30 existing law. It is hereby declared to be the purpose of this
19750H1583B1927 - 31 -
1 act to provide additional and cumulative remedies to control the
2 disposal of coal refuse in this Commonwealth, and nothing
3 contained in this act shall in any way abridge or alter rights
4 of action or remedies now or hereafter existing in equity, or
5 under the common law or statutory law, criminal or civil, nor
6 shall any provision of this act, be construed as estopping the
7 Commonwealth, persons or municipalities, in the exercise of
8 their rights under the common law or decisional law or in
9 equity, from proceeding in courts of law or equity to suppress
10 nuisances, or to abate any pollution now or hereafter existing,
11 or enforce common law or statutory rights. No courts of this
12 Commonwealth having jurisdiction to abate public or private
13 nuisance shall be deprived of such jurisdiction to abate any
14 private or public nuisance instituted by any person for the
15 reason that such nuisance constitutes air or water pollution.
16 Section 18. Severability Clause.--The provisions of this act
17 are severable and if any provision or part thereof shall be held
18 invalid or unconstitutional or inapplicable to any person or
19 circumstances, such invalidity, unconstitutionality or
20 inapplicability shall not affect or impair the remaining
21 provisions of the act.
D1L32JLW/19750H1583B1927 - 32 -