1Amending Title 27 (Environmental Resources) of the Pennsylvania
2Consolidated Statutes, further providing for definitions, for
3eligibility and project inventory, for landowner liability
4limitation and exceptions, for project liability limitation
5and exceptions and for exceptions.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. The definitions of "eligible land and water,"
9"water pollution abatement facilities" and "water pollution 
10abatement project" in section 8104 of Title 27 of the
11Pennsylvania Consolidated Statutes are amended and the section
12is amended by adding definitions to read:

13§ 8104. Definitions.

14The following words and phrases when used in this chapter
15shall have the meanings given to them in this section unless the
16context clearly indicates otherwise:

17* * *

18"Eligible land and water." Land and water adversely affected

1by mining or oil or gas extraction and left or abandoned in an
2unreclaimed or inadequately reclaimed condition or left
3discharging water pollution and for which no person has a
4continuing reclamation or water pollution abatement obligation.
5The term shall also include land and water adversely affected by
6mining or oil or gas extraction and left in an unreclaimed or
7inadequately reclaimed condition or left discharging water
8pollution for which the Department of Environmental Protection
9has forfeited and collected the operators bonds and there is no
10outstanding litigation concerning the bond forfeiture. Without 
11limiting the foregoing, for purposes of water pollution 
12abatement projects involving the use of mine drainage or mine 
13pool water for hydraulic fracturing or other development of a 
14gas well, industrial or other water supply or other beneficial 
15use of the water, the term also includes land and water 
16adversely affected by mining and left in an unreclaimed or 
17inadequately reclaimed condition, or left discharging water 
18pollution for which a treatment trust fund naming the department 
19as the beneficiary of the trust has been established.

20"Industrial or other water supply." The supply of water for 
21use by any lawful industrial, commercial or agricultural 
22facility or activity or by any public water supply as defined in 
23the act of May 1, 1984 (P.L.206, No.43), known as the 
24Pennsylvania Safe Drinking Water Act.

25* * *

26"Mine operator." The permittee of an active or closed mine
27that treats mine drainage under a permit issued by the
28department.

29* * *

30"Other beneficial use." Any use of water for a purpose that

1produces any economic, environmental, ecological or other
2benefits, including irrigation, silvaculture, cooling water,
3flow maintenance and augmentation, consumptive use makeup, and
4any other use of water deemed to be a beneficial use under
5common law.

6* * *

7"Treated mine drainage." Water from an active or closed mine 
8that is treated by the mine operator or water pollution 
9abatement project operator under a permit issued by the 
10department. Treated mine drainage that meets the effluent limits 
11for the National Pollutant Discharge Elimination System permit 
12for the source mine is not a solid waste as defined in section 
13103 of the act of July 7, 1980 (P.L.380, No.97), known as the 
14Solid Waste Management Act, and the regulations promulgated 
15thereunder.

16* * *

17"Water pollution abatement facilities." The methods for
18treatment or abatement of water pollution located on or 
19associated with eligible lands and water. These methods include,
20but are not limited to, a structure, system, practice, technique
21or method constructed, installed or followed to reduce, treat or
22abate such water pollution. The methods also include a 
23structure, system, practice, technique or method constructed, 
24installed or followed to enable the use of mine drainage or mine 
25pool water from eligible land and water for hydraulic fracturing 
26or other development of a gas well, industrial or other water 
27supply or other beneficial use of the water.

28"Water pollution abatement project." A [plan] project for
29treatment or abatement of water pollution located on eligible
30lands and water[. These plans include, but are not limited to,

1the practices to be followed and the installation, operation and
2maintenance of facilities to reduce, treat or abate such water
3pollution.], including, but not limited to, the practices to be 
4followed and the installation, operation and maintenance of 
5facilities and activities to:

6(1) reduce, treat or abate the water pollution;

7(2) withdraw, divert and use mine drainage or mine pool 
8water from eligible land and water for hydraulic fracturing 
9or other development of a gas well, industrial or other water 
10supply or other beneficial use of the water, with or without 
11treatment, that may or may not be located on eligible lands 
12and water; or

13(3) withdraw, divert and use treated mine drainage from 
14a permitted mining activity site for the hydraulic fracturing 
15or other development of a gas well, industrial or other water 
16supply or other beneficial use of the water.

17"Water pollution abatement project operator." The owner or
18operator of a water pollution abatement project approved by the
19department, and a person acting as a contractor to the owner or
20operator of a water pollution abatement project.

21Section 2. Section 8105(d) of Title 27 is amended to read:

22§ 8105. Eligibility and project inventory.

23* * *

24(d) Departmental review.--The department shall review each
25proposed reclamation project and approve the project if the
26department determines the proposed project:

27(1) will result in the regrading of the land to stable
28contours that blend in and complement the drainage pattern of
29the surrounding terrain with no highwalls, spoil piles or
30depressions to accumulate water;

1(2) will result in the appropriate revegetation of the
2site; and

3(3) is not likely to result in water pollution as
4defined in section 1 of the act of June 22, 1937 (P.L.1987, 
5No.394), known as The Clean Streams Law.

6The department shall review each proposed water pollution
7abatement project and approve the project if the department
8determines the proposed project is likely to improve the water
9quality [and is not likely to make the water pollution worse] or 
10reduce the volume or loading of mine water or an existing 
11discharge of pollution of mine water pollutants or will likely 
12have a beneficial impact on water resources in this 
13Commonwealth.

14* * *

15Section 3. Section 8106 heading and (a)(3) of Title 27 are
16amended and the section is amended by adding a subsection to
17read:

18§ 8106. [Landowner liability] Liability limitation and
19exceptions.

20(a) General rule.--Except as specifically provided in
21subsections (b) and (c), a landowner who provides access to the
22land, without charge or other consideration, which results in
23the implementation of a reclamation project or a water pollution
24abatement project:

25* * *

26(3) Shall be immune from liability for any [injury to]
27cost incurred by a third party, injury to a third party or
28damage suffered by a third party, including a downstream 
29riparian landowner, which arises out of or occurs as a result
30of a reclamation project or a water pollution abatement

1project.

2* * *

3(d) Mine water for beneficial uses.--Notwithstanding any
4other provision of this chapter, landowners, mine operators and 
5water pollution abatement project operators that are involved in
6treating mine drainage or mine pool water from a permitted
7mining activity site or water pollution abatement project shall
8not be deemed to assume legal responsibility for or to incur
9liability with respect to a cost, injury or damage that arises
10out of or occurs in connection with the use of mine drainage,
11mine pool water or treated mine water in connection with the
12hydraulic fracturing process or other development of a gas well, 
13industrial or other water supply or other beneficial use of the 
14water.

15Section 4. Section 8107 heading and (a)(1) of Title 27 are
16amended, the subsection is amended by adding paragraphs and the
17section is amended by adding a subsection to read:

18§ 8107. Project liability limitation [and], exceptions and 
19exemptions.

20(a) General rule.--Except as specifically provided in
21subsection (b), a water pollution abatement project operator or 
22other person who provides equipment, funding, materials or
23services at no cost [or at cost] to the Commonwealth for a
24reclamation project or a water pollution abatement project or 
25who implements any such project at no cost to the Commonwealth:

26(1) Shall be immune from liability for any injury to or
27damage suffered by a person, including a downstream riparian 
28landowner, which arises out of or occurs as a result of:

29(i) the water pollution abatement facilities
30constructed or installed during the water pollution

1abatement project; and

2(ii) a reclamation project or a water pollution
3abatement project.

4* * *

5(5) May not be considered to be engaging in surface or 
6underground mining activities under the act of May 31, 1945 
7(P.L.1198, No.418), known as the Surface Mining Conservation 
8and Reclamation Act, or the act of April 27, 1966 (1st 
9Sp.Sess., P.L.31, No.1), known as The Bituminous Mine 
10Subsidence and Land Conservation Act, when the water 
11pollution abatement project involves the use of mine drainage 
12or mine pool water for hydraulic fracturing or other 
13development of a gas well, industrial or other water supply 
14or other beneficial use of the water.

15(6) May not be considered to be <-releasing a hazardous 
16substance or contaminant under the act of October 18, 1988 
17(P.L.756, No.108), known as the Hazardous Sites Cleanup Act, 
18or engaging in the processing, treatment or disposal of a 
19solid waste under the act of July 7, 1980 (P.L.380, No.97), 
20known as the Solid Waste Management Act, or in the discharge 
21of industrial waste or pollutants under the act <-of June 22, 
221937 (P.L.1987, No.394), known as The Clean Streams Law, when 
23using mine drainage, mine pool water or treated mine drainage 
24for hydraulic fracturing or other development of a gas well, 
25industrial or other water supply or other beneficial use of 
26the water.

27(7) May not be considered an owner or operator of the
28project site for purposes of a State law that imposes
29reclamation or remediation obligations on the basis of past
30or present ownership or operation of the site, solely by

1reason of a water pollution abatement project involving the
2use of mine drainage or mine pool water for hydraulic
3fracturing or other development of a gas well, industrial or
4other water supply or other beneficial use of the water.

5* * *

6(c) Exemptions.--A person qualifying for immunity under this
7chapter, provided that the person's actions comply with the
8water pollution abatement project as approved by the department,
9is not deemed to be releasing hazardous waste or hazardous
10substances and is not subject to enforcement under the Solid
11Waste Management Act or the a<-ct of October 18, 1988 (P.L.756,
12No.108), known as the Hazardous Sites Cleanup Act.

13(d) Definitions.--As used in this section, the following
14words and phrases shall have the meanings given to them in this
15subsection unless the context clearly indicates otherwise:

16"Cost to the Commonwealth." The term does not include the
17awarding of grant funds by the department or a Commonwealth
18agency to a water pollution abatement project operator or other
19person who:

20(1) provides equipment, funding, materials or services
21to the Commonwealth for a reclamation project or a water
22pollution abatement project; or

23(2) implements any such project.

24"Hazardous substances." As defined in the Hazardous Sites
25Cleanup Act.

26"Hazardous waste." As defined in the Hazardous Sites Cleanup
27Act.

28Section 5. Section 8111(a) of Title 27 is amended to read:

29§ 8111. Exceptions.

30(a) General [rule] rules.--The following shall not be 

1eligible for nor shall that person receive the benefit of the 
2protections and immunities available under this chapter, 
3provided that, any person who uses and any person who allows the 
4use of or provides mine drainage, mine pool water or treated 
5mine water, as part of a water pollution abatement project, 
6including a mine operator or water pollution abatement project 
7operator that provides for payment or otherwise treated mine 
8drainage for hydraulic fracturing or other development of a gas 
9well, industrial or other water supply or other beneficial use 
10of the water shall receive the benefit of the protections and 
11immunities available under this chapter:

12[Any] (1) any person who under existing law shall be or
13may become responsible to reclaim the land or treat or abate
14the water pollution [or];

15(2) any person who [for] receives payment [or],
16consideration or [who receives] some other benefit through a
17contract [or] to reclaim the land or treat or abate the water 
18pollution except as provided by the opening paragraph of this 
19subsection; or

20(3) any person who through a consent order and agreement
21or otherwise agrees or is ordered to perform or complete
22reclamation or treat or abate water pollution as well as a
23surety which provided a bond for the site [shall not be
24eligible for nor shall that person receive the benefit of the
25protections and immunities available under this chapter].

26* * *

27Section 6. This act shall take effect in 60 days.