PRINTER'S NO. 3451
No. 2573 Session of 1996
INTRODUCED BY DeWEESE, SERAFINI, STABACK, LAUGHLIN, COLAFELLA,
TRELLO, TIGUE, PETRARCA, YOUNGBLOOD, STEELMAN, JOSEPHS AND
OLASZ, APRIL 30, 1996
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 30, 1996
AN ACT
1 Amending the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1),
2 entitled, as amended, "An act to protect the public health,
3 welfare and safety by regulating the mining of bituminous
4 coal; declaring the existence of a public interest in the
5 support of surface structures; providing a remedy for the
6 restoration or replacement of water supplies affected by
7 underground mining; providing a remedy for the restoration or
8 replacement or compensation for surface structures damaged by
9 underground mining; providing standards for the prevention of
10 hazards to human safety and material damage to certain
11 structures; requiring permits, and in certain circumstances
12 bonds, for the mining of bituminous coal; providing for the
13 filing of maps or plans with recorders of deeds; providing
14 for the giving of notice of mining operations to political
15 subdivisions and surface landowners of record; requiring mine
16 inspectors to accompany municipal officers and their agents
17 on inspection trips; granting powers to public officers and
18 affected property owners to enforce the act; requiring
19 grantors to certify as to whether any structures on the lands
20 conveyed are entitled to support from the underlying coal and
21 grantees to sign an admission of a warning of the possible
22 lack of any such right of support; requiring grantors to
23 provide notice of the existence of voluntary agreements for
24 the restoration or replacement of water supplies or for the
25 repair or compensation for structural damage; imposing duties
26 on the Department of Environmental Resources for the
27 compilation and analysis of data; and imposing liability for
28 violation of the act," further providing for the purpose of
29 the act and for declaration of policy; describing underground
30 mining operations; providing for restoration or conversion of
31 land affected by mine subsidence; and making an editorial
32 change.
1 The General Assembly of the Commonwealth of Pennsylvania
2 hereby enacts as follows:
3 Section 1. The title and sections 2 and 3 of the act of
4 April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The
5 Bituminous Mine Subsidence and Land Conservation Act, amended
6 June 22, 1994 (P.L.357, No.54), are amended to read:
7 AN ACT
8 To protect the public health, welfare and safety by regulating
9 the mining of bituminous coal; declaring the existence of a
10 public interest in the support of surface structures;
11 providing a remedy for the restoration or replacement of
12 water supplies affected by underground mining; providing a
13 remedy for the restoration or replacement or compensation for
14 surface structures damaged by underground mining; providing
15 standards for the prevention of hazards to human safety and
16 material damage to certain structures; providing for the
17 restoration and reasonable alternative use of land affected
18 by mine subsidence; requiring permits, and in certain
19 circumstances bonds, for the mining of bituminous coal;
20 providing for the filing of maps or plans with recorders of
21 deeds; providing for the giving of notice of mining
22 operations to political subdivisions and surface landowners
23 of record; requiring mine inspectors to accompany municipal
24 officers and their agents on inspection trips; granting
25 powers to public officers and affected property owners to
26 enforce the act; requiring grantors to certify as to whether
27 any structures on the lands conveyed are entitled to support
28 from the underlying coal and grantees to sign an admission of
29 a warning of the possible lack of any such right of support;
30 requiring grantors to provide notice of the existence of
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1 voluntary agreements for the restoration or replacement of
2 water supplies or for the repair or compensation for
3 structural damage; imposing duties on the Department of
4 Environmental [Resources] Protection for the compilation and
5 analysis of data; and imposing liability for violation of the
6 act.
7 Section 2. Purpose.--This act shall be deemed to be an
8 exercise of the police powers of the Commonwealth for the
9 protection of the health, safety and general welfare of the
10 people of the Commonwealth, by providing for the conservation of
11 surface land areas which may be affected in the mining of
12 bituminous coal by methods other than "open pit" or "strip"
13 mining, to aid in the protection of the safety of the public, to
14 enhance the value of such lands for taxation, to aid in the
15 preservation of surface water drainage and public and private
16 water supplies, to provide for the restoration or replacement of
17 water supplies affected by underground mining, to provide for
18 the restoration or replacement of or compensation for surface
19 structures damaged by underground mining, to provide for the
20 restoration and reasonable alternative use of land affected by
21 subsidence and generally to improve the use and enjoyment of
22 such lands and to maintain primary jurisdiction over surface
23 coal mining in Pennsylvania.
24 Section 3. Legislative findings; declaration of policy.--It
25 is hereby determined by the General Assembly of Pennsylvania and
26 declared as a matter of legislative findings that:
27 (1) Present mine subsidence legislation and coal mining laws
28 have failed to protect the public interest in Pennsylvania in
29 preserving our land.
30 (2) Damage from mine subsidence has seriously impeded land
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1 development of the Commonwealth.
2 (3) Damage from mine subsidence has caused a very clear and
3 present danger to the health, safety and welfare of the people
4 of Pennsylvania.
5 (4) Damage by subsidence erodes the tax base of the affected
6 municipalities.
7 (5) Coal and related industries and their continued
8 operation are important to the economic welfare and growth of
9 the Commonwealth.
10 (6) In the past, owners of surface structures have not in
11 many instances received adequate notice or knowledge regarding
12 subsurface support, or lack thereof, for surface structures, and
13 therefore the State must exercise its police powers for the
14 protection of the structures covered herein.
15 (7) In order to prevent the occurrence of such state of
16 affairs in the future, the deed notice provisions relating to
17 such subsurface support, or lack thereof to a person desiring to
18 erect a surface structure after the effective date of this act,
19 must be emphasized and strengthened and it is necessary to make
20 available to those persons desiring to erect a surface structure
21 procedures whereby adequate support of such structure can be
22 acquired.
23 The Pennsylvania General Assembly therefore declares it to be
24 the policy of the Commonwealth of Pennsylvania that:
25 (1) The protection of surface structures and better land
26 utilization are of utmost importance to Pennsylvania.
27 (2) Damage to surface structures and the land supporting
28 them caused by mine subsidence is against the public interest
29 and may adversely affect the health, safety and welfare of our
30 citizens.
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1 (3) The prevention or restoration of damage from mine
2 subsidence is recognized as being related to the economic future
3 and well-being of Pennsylvania.
4 (4) The preservation within the Commonwealth of surface
5 structures and the land supporting them is necessary for the
6 safety and welfare of the people.
7 (5) It is the intent of this act to harmonize the protection
8 of surface structures and the land supporting them and the
9 continued growth and development of the bituminous coal industry
10 in the Commonwealth.
11 (6) It is necessary to develop an adequate remedy for the
12 restoration and replacement of water supplies affected by
13 underground mining.
14 (7) It is necessary to develop a remedy for the restoration
15 or replacement of or compensation for surface structures damaged
16 by underground mining.
17 (8) It is necessary to provide a method whereby surface
18 structures erected after the effective date of this act may be
19 protected from damage arising from mine subsidence.
20 (9) It is necessary to restore land affected by underground
21 mining operations to its premining use or to convert it to a
22 reasonable alternative use that protects the value, use and
23 enjoyment of the affected land and adjacent property.
24 Section 2. Section 5 heading of the act, amended October 10,
25 1980 (P.L.874, No.156), is amended and the section is amended by
26 adding a subsection to read:
27 Section 5. Permit; application; map or plan; bond or other
28 security; filing; general rulemaking authority; prevention of
29 damage; mine stability; maintenance of use and value of lands;
30 underground mining operations described.--* * *
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1 (i) For purposes of this act, underground mining operations
2 shall include:
3 (1) surface activities incident to underground extraction of
4 coal or in situ processing, such as construction, use,
5 maintenance and reclamation of roads, aboveground repair areas,
6 storage areas, processing areas, shipping areas, areas upon
7 which are sited support facilities including hoist and
8 ventilating ducts, areas used for the disposal and storage of
9 waste, and areas on which materials incident to underground
10 mining operations are placed;
11 (2) underground activities such as underground construction,
12 operation and reclamation of shafts, adits, underground support
13 facilities, in situ processing, and underground mining, hauling,
14 storage and blasting; and
15 (3) operation of the mine, including preparatory work in
16 connection with the opening or reopening of a mine, backfilling,
17 sealing, and other closing procedures, and any other work done
18 on land or water in connection with the mine.
19 Section 3. The act is amended by adding a section to read:
20 Section 5.7. Restoration or reasonable alternative use of
21 land affected by underground mining operations.--(a) After the
22 effective date of this section, any mine operator who, as a
23 result of underground mining operations, affects land through
24 subsidence in a manner that makes the land unsuitable for its
25 premining use shall restore the land to its premining use or
26 convert the land to a reasonable alternative use pursuant to a
27 complaint filed by the owner of the affected land, an owner of
28 property adjacent to the affected land, or the municipality in
29 which the affected land is located.
30 (b) Whenever the owner of land affected by subsidence, an
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1 owner of property adjacent to land affected by subsidence or the
2 municipality in which land affected by subsidence is located
3 believes that the removal of coal has caused mine subsidence
4 resulting in damage to land that adversely affects the value,
5 use or enjoyment of the affected land or adjacent property, such
6 persons or the municipality shall notify the mine operator. If
7 the mine operator agrees that mine subsidence damaged the land,
8 he shall cause the land to be restored to the same extent and
9 within the same time limits as prescribed by the act of May 31,
10 1945 (P.L.1198, No.418), known as the "Surface Mining
11 Conservation and Reclamation Act." If, in the opinion of the
12 mine operator, restoration of the land is not economically
13 feasible, the mine operator may propose a reasonable alternative
14 use of the land and other options, which may include
15 compensation, to assist the persons or municipality affected by
16 the loss in value, use or enjoyment of the affected land and
17 adjacent property.
18 (c) If the parties are unable to agree, within six months of
19 the date of notice to the mine operator, as to the cause of the
20 damage, the restoration of the land to its premining use, the
21 conversion of the land to a reasonable alternative use and other
22 methods to maintain, or compensate for the loss of the value,
23 use and enjoyment of the affected land or adjacent property, the
24 complaining party may file a claim in writing with the
25 Department of Environmental Protection, a copy of which shall be
26 sent to the operator. All claims under this subsection shall be
27 filed within two years of the date on which damage to the land
28 occurred.
29 (d) The department shall make an investigation within thirty
30 days of receipt of the claim. The department shall, within sixty
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1 days following the investigation, make a determination in
2 writing as to whether the damage was caused by subsidence due to
3 underground coal mining, and if so, whether the land shall be
4 restored to its premining use or converted to a reasonable
5 alternative use to be approved by the department, and whether
6 the complaining party is entitled to compensation for any loss
7 in value, use or enjoyment of the affected land or adjacent
8 property. The complaining party may be required to submit
9 premining and postmining assessments and other information
10 pertaining to the value, use and enjoyment of the affected land
11 or adjacent property.
12 (e) If the department finds the damage to the land to be
13 caused by mining, it shall issue a written order directing the
14 operator to restore the land to the same extent and within the
15 same time limits as prescribed by the "Surface Mining
16 Conservation and Reclamation Act," or to convert the land to a
17 reasonable alternative use, as approved by the department, and
18 to compensate or otherwise provide for the complaining party who
19 has been adversely affected by the loss of value, use or
20 enjoyment of the affected land or adjacent property. The
21 department may also order the operator to take action upon the
22 affected land and adjacent property to protect the health,
23 safety and welfare of landowners or the public.
24 (f) In issuing an order pursuant to this section, the
25 department may take into consideration the cost of restoring the
26 affected land to its premining use, but this shall not be the
27 deciding factor in determining whether the land shall be
28 restored to its premining use or converted to a reasonable
29 alternative use.
30 (g) It shall not be a defense that the mine operator owns
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1 the land that is the subject of a complaint by adjacent
2 landowners or the municipality. The premining use of the land
3 shall be deemed to be the use of the land prior to its
4 acquisition by the mine operator.
5 (h) If either the complaining party or the mine operator is
6 aggrieved by an order issued by the department under this
7 section, the complaining party or the mine operator shall have
8 the right to appeal to the Environmental Hearing Board within
9 thirty days of receipt of the order. The appeal of a mine
10 operator shall not be considered to be perfected unless, within
11 sixty days of the date on which the mine operator received the
12 department's order, the operator has deposited an amount equal
13 to the cost of restoration or conversion and compensation
14 ordered by the department in an interest-bearing escrow account
15 administered for such purposes by the department.
16 (i) If the mine operator fails to comply with the
17 department's order within six months or such longer period as
18 the department has established or fails to perfect an appeal of
19 the department's order directing compensation, the department
20 shall issue such orders and take such actions as are necessary
21 to compel compliance with the requirements of this section,
22 including, but not limited to, cessation orders and permit
23 revocation. If the mine operator fails to comply with the
24 department's order after exhausting the right of appeal, the
25 department shall use the escrow deposit made with respect to the
26 particular claim involved and accrued interest to restore the
27 affected land to its premining use or convert the land to a
28 reasonable alternative use approved by the department, and
29 compensate the complaining party if compensation has been deemed
30 to be due by the department.
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1 (j) Except as provided in subsection (i), the existence of
2 unresolved claims of subsidence damage to land shall not be used
3 by the department as a basis for withholding permits from or
4 suspending review of permit applications submitted by the mine
5 operator against whom unresolved claims have been made.
6 (k) The duty imposed upon a mine operator by an order of the
7 department as a result of this section shall be the sole and
8 exclusive remedy for damages to land caused by subsidence, and
9 this duty shall not be diminished by the existence of contrary
10 provisions in deeds, leases or agreements that relieved mine
11 operators from such duty. Nothing in this section shall impair
12 agreements entered into after April 27, 1966, and prior to the
13 effective date of this section, which, for valid consideration,
14 provide for a waiver or release of any duty to restore or
15 compensate for land subsidence. Any such waiver or release shall
16 only be valid with respect to damage resulting from the mining
17 activity contemplated by such agreement.
18 (l) In every deed for the conveyance of property for which
19 an agreement executed pursuant to subsection (c) is effective at
20 the time of transfer, the grantor shall include in the deed a
21 recital of the agreement and any release contained in the
22 agreement.
23 Section 4. This act shall take effect in 60 days.
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