AN ACT

 

<-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.

<-6Amending Title 27 (Environmental Resources) of the Pennsylvania
7Consolidated Statutes, in good Samaritan, further providing
8for findings, for definitions, for eligibility and project
9inventory, for landowner liability limitation and exceptions,
10for project liability limitation and exceptions, for
11exceptions and for water supply replacement; and making
12editorial changes.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

<-15Section 1. The definitions of "eligible land and water,"
16"water pollution abatement facilities" and "water pollution 
17abatement project" in section 8104 of Title 27 of the
18Pennsylvania Consolidated Statutes are amended and the section
19is amended by adding definitions to read:

20§ 8104. Definitions.

21The following words and phrases when used in this chapter
22shall have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2* * *

3"Eligible land and water." Land and water adversely affected
4by mining or oil or gas extraction and left or abandoned in an
5unreclaimed or inadequately reclaimed condition or left
6discharging water pollution and for which no person has a
7continuing reclamation or water pollution abatement obligation.
8The term shall also include land and water adversely affected by
9mining or oil or gas extraction and left in an unreclaimed or
10inadequately reclaimed condition or left discharging water
11pollution for which the Department of Environmental Protection
12has forfeited and collected the operators bonds and there is no
13outstanding litigation concerning the bond forfeiture. Without
14limiting the foregoing, for purposes of water pollution
15abatement projects involving the use of mine drainage or mine
16pool water for hydraulic fracturing or other development of a
17gas well, industrial or other water supply or other beneficial
18use of the water, the term also includes land and water
19adversely affected by mining and left in an unreclaimed or
20inadequately reclaimed condition, or left discharging water
21pollution for which a treatment trust fund naming the department
22as the beneficiary of the trust has been established.

23"Industrial or other water supply." The supply of water for
24use by any lawful industrial, commercial or agricultural
25facility or activity or by any public water supply as defined in
26the act of May 1, 1984 (P.L.206, No.43), known as the
27Pennsylvania Safe Drinking Water Act.

28* * *

29"Mine operator." The permittee of an active or closed mine
30that treats mine drainage under a permit issued by the

1department.

2* * *

3"Other beneficial use." Any use of water for a purpose that
4produces any economic, environmental, ecological or other
5benefits, including irrigation, silvaculture, cooling water,
6flow maintenance and augmentation, consumptive use makeup, and
7any other use of water deemed to be a beneficial use under
8common law.

9* * *

10"Treated mine drainage." Water from an active or closed mine
11that is treated by the mine operator or water pollution
12abatement project operator under a permit issued by the
13department. Treated mine drainage that meets the effluent limits
14for the National Pollutant Discharge Elimination System permit
15for the source mine is not a solid waste as defined in section
16103 of the act of July 7, 1980 (P.L.380, No.97), known as the
17Solid Waste Management Act, and the regulations promulgated
18thereunder.

19* * *

20"Water pollution abatement facilities." The methods for
21treatment or abatement of water pollution located on or
22associated with eligible lands and water. These methods include,
23but are not limited to, a structure, system, practice, technique
24or method constructed, installed or followed to reduce, treat or
25abate such water pollution. The methods also include a
26structure, system, practice, technique or method constructed,
27installed or followed to enable the use of mine drainage or mine
28pool water from eligible land and water for hydraulic fracturing
29or other development of a gas well, industrial or other water
30supply or other beneficial use of the water.

1"Water pollution abatement project." A [plan] project for
2treatment or abatement of water pollution located on eligible
3lands and water[. These plans include, but are not limited to,
4the practices to be followed and the installation, operation and
5maintenance of facilities to reduce, treat or abate such water
6pollution.], including, but not limited to, the practices to be
7followed and the installation, operation and maintenance of
8facilities and activities to:

9(1) reduce, treat or abate the water pollution;

10(2) withdraw, divert and use mine drainage or mine pool
11water from eligible land and water for hydraulic fracturing
12or other development of a gas well, industrial or other water
13supply or other beneficial use of the water, with or without
14treatment, that may or may not be located on eligible lands
15and water; or

16(3) withdraw, divert and use treated mine drainage from
17a permitted mining activity site for the hydraulic fracturing
18or other development of a gas well, industrial or other water
19supply or other beneficial use of the water.

20"Water pollution abatement project operator." The owner or
21operator of a water pollution abatement project approved by the
22department, and a person acting as a contractor to the owner or
23operator of a water pollution abatement project.

24Section 2. Section 8105(d) of Title 27 is amended to read:

25§ 8105. Eligibility and project inventory.

26* * *

27(d) Departmental review.--The department shall review each
28proposed reclamation project and approve the project if the
29department determines the proposed project:

30(1) will result in the regrading of the land to stable

1contours that blend in and complement the drainage pattern of
2the surrounding terrain with no highwalls, spoil piles or
3depressions to accumulate water;

4(2) will result in the appropriate revegetation of the
5site; and

6(3) is not likely to result in water pollution as
7defined in section 1 of the act of June 22, 1937 (P.L.1987, 
8No.394), known as The Clean Streams Law.

9The department shall review each proposed water pollution
10abatement project and approve the project if the department
11determines the proposed project is likely to improve the water
12quality [and is not likely to make the water pollution worse] or
13reduce the volume or loading of mine water or an existing
14discharge of pollution of mine water pollutants or will likely
15have a beneficial impact on water resources in this
16Commonwealth.

17* * *

18Section 3. Section 8106 heading and (a)(3) of Title 27 are
19amended and the section is amended by adding a subsection to
20read:

21§ 8106. [Landowner liability] Liability limitation and
22exceptions.

23(a) General rule.--Except as specifically provided in
24subsections (b) and (c), a landowner who provides access to the
25land, without charge or other consideration, which results in
26the implementation of a reclamation project or a water pollution
27abatement project:

28* * *

29(3) Shall be immune from liability for any [injury to]
30cost incurred by a third party, injury to a third party or

1damage suffered by a third party, including a downstream
2riparian landowner, which arises out of or occurs as a result
3of a reclamation project or a water pollution abatement
4project.

5* * *

6(d) Mine water for beneficial uses.--Notwithstanding any
7other provision of this chapter, landowners, mine operators and 
8water pollution abatement project operators that are involved in
9treating mine drainage or mine pool water from a permitted
10mining activity site or water pollution abatement project shall
11not be deemed to assume legal responsibility for or to incur
12liability with respect to a cost, injury or damage that arises
13out of or occurs in connection with the use of mine drainage,
14mine pool water or treated mine water in connection with the
15hydraulic fracturing process or other development of a gas well, 
16industrial or other water supply or other beneficial use of the 
17water.

18Section 4. Section 8107 heading and (a)(1) of Title 27 are
19amended, the subsection is amended by adding paragraphs and the
20section is amended by adding a subsection to read:

21§ 8107. Project liability limitation [and], exceptions and
22exemptions.

23(a) General rule.--Except as specifically provided in
24subsection (b), a water pollution abatement project operator or
25other person who provides equipment, funding, materials or
26services at no cost [or at cost] to the Commonwealth for a
27reclamation project or a water pollution abatement project or
28who implements any such project at no cost to the Commonwealth:

29(1) Shall be immune from liability for any injury to or
30damage suffered by a person, including a downstream riparian

1landowner, which arises out of or occurs as a result of:

2(i) the water pollution abatement facilities
3constructed or installed during the water pollution
4abatement project; and

5(ii) a reclamation project or a water pollution
6abatement project.

7* * *

8(5) May not be considered to be engaging in surface or
9underground mining activities under the act of May 31, 1945
10(P.L.1198, No.418), known as the Surface Mining Conservation
11and Reclamation Act, or the act of April 27, 1966 (1st
12Sp.Sess., P.L.31, No.1), known as The Bituminous Mine
13Subsidence and Land Conservation Act, when the water
14pollution abatement project involves the use of mine drainage
15or mine pool water for hydraulic fracturing or other
16development of a gas well, industrial or other water supply
17or other beneficial use of the water.

18(6) May not be considered to be releasing a hazardous
19substance or contaminant under the act of October 18, 1988
20(P.L.756, No.108), known as the Hazardous Sites Cleanup Act,
21or engaging in the processing, treatment or disposal of a
22solid waste under the act of July 7, 1980 (P.L.380, No.97),
23known as the Solid Waste Management Act, or in the discharge
24of industrial waste or pollutants under The Clean Streams
25Law, when using mine drainage, mine pool water or treated
26mine drainage for hydraulic fracturing or other development
27of a gas well, industrial or other water supply or other
28beneficial use of the water.

29(7) May not be considered an owner or operator of the
30project site for purposes of a State law that imposes

1reclamation or remediation obligations on the basis of past
2or present ownership or operation of the site, solely by
3reason of a water pollution abatement project involving the
4use of mine drainage or mine pool water for hydraulic
5fracturing or other development of a gas well, industrial or
6other water supply or other beneficial use of the water.

7* * *

8(c) Exemptions.--A person qualifying for immunity under this
9chapter, provided that the person's actions comply with the
10water pollution abatement project as approved by the department,
11is not deemed to be releasing hazardous waste or hazardous
12substances and is not subject to enforcement under the Solid
13Waste Management Act or the Hazardous Sites Cleanup Act.

14(d) Definitions.--As used in this section, the following
15words and phrases shall have the meanings given to them in this
16subsection unless the context clearly indicates otherwise:

17"Cost to the Commonwealth." The term does not include the
18awarding of grant funds by the department or a Commonwealth
19agency to a water pollution abatement project operator or other
20person who:

21(1) provides equipment, funding, materials or services
22to the Commonwealth for a reclamation project or a water
23pollution abatement project; or

24(2) implements any such project.

25"Hazardous substances." As defined in the Hazardous Sites
26Cleanup Act.

27"Hazardous waste." As defined in the Hazardous Sites Cleanup
28Act.

29Section 5. Section 8111(a) of Title 27 is amended to read:

30§ 8111. Exceptions.

1(a) General [rule] rules.--The following shall not be
2eligible for nor shall that person receive the benefit of the
3protections and immunities available under this chapter,
4provided that, any person who uses and any person who allows the
5use of or provides mine drainage, mine pool water or treated
6mine water, as part of a water pollution abatement project,
7including a mine operator or water pollution abatement project
8operator that provides for payment or otherwise treated mine
9drainage for hydraulic fracturing or other development of a gas
10well, industrial or other water supply or other beneficial use
11of the water shall receive the benefit of the protections and
12immunities available under this chapter:

13[Any] (1) any person who under existing law shall be or
14may become responsible to reclaim the land or treat or abate
15the water pollution [or];

16(2) any person who [for] receives payment [or],
17consideration or [who receives] some other benefit through a
18contract [or] to reclaim the land or treat or abate the water
19pollution except as provided by the opening paragraph of this
20subsection; or

21(3) any person who through a consent order and agreement
22or otherwise agrees or is ordered to perform or complete
23reclamation or treat or abate water pollution as well as a
24surety which provided a bond for the site [shall not be
25eligible for nor shall that person receive the benefit of the
26protections and immunities available under this chapter].

27* * *

28Section 6. This act shall take effect in 60 days.

<-29Section 1. Section 8102(5) of Title 27 of the Pennsylvania
30Consolidated Statutes is amended to read:

1§ 8102. Findings.

2The General Assembly finds and declares as follows:

3* * *

4(5) Numerous landowners, citizens, watershed associations,
5environmental organizations, private entities and governmental
6entities who do not have a legal responsibility to reclaim the
7abandoned lands or to abate the water pollution are interested
8in addressing these problems but are reluctant to engage in such
9reclamation and abatement activities because of potential
10liabilities associated with the reclamation and abatement
11activities.

12* * *

13Section 2. The definitions of "eligible land and water,"
14"water pollution abatement facilities" and "water pollution
15abatement project" in section 8104 of Title 27 are amended and
16the section is amended by adding definitions to read:

17§ 8104. Definitions.

18The following words and phrases when used in this chapter
19shall have the meanings given to them in this section unless the
20context clearly indicates otherwise:

21* * *

22"Beneficial use." Any use of water for a purpose that 
23results in an economic or environmental benefit, including the 
24supply of water for use by an industrial or commercial facility 
25operating in accordance with the laws of this Commonwealth.

26* * *

27"Eligible land and water." Land and water adversely affected
28by mining or oil or gas extraction [and left or abandoned in an
29unreclaimed or inadequately reclaimed condition or left
30discharging water pollution and] for which no person has a

1continuing reclamation or water pollution abatement obligation.
2The term [shall also include] includes land and water adversely
3affected by mining or oil or gas extraction [and left in an
4unreclaimed or inadequately reclaimed condition or left
5discharging water pollution] for which the Department of
6Environmental Protection has forfeited and collected the
7operators bonds and there is no outstanding litigation
8concerning the bond forfeiture, or for which a treatment trust 
9fund naming the department as the beneficiary has been 
10established.

11* * *

12"Mine drainage" or "mine pool water." Water contained in a
13mine pool, or a surface discharge of water caused by mining
14activities that pollutes or may create a threat of pollution to
15waters of this Commonwealth.

16* * *

17"Mine operator." The permittee of an active or closed mine 
18that treats mine drainage or mine pool water under a permit 
19issued by the department.

20* * *

21"Reclamation project operator." A person who undertakes or 
22performs a reclamation project approved by the department.

23"Treated mine drainage." Water from an active or closed mine 
24that is treated by the mine operator under a permit issued by 
25the department. Treated mine drainage that meets the effluent 
26limits for the National Pollutant Discharge Elimination System 
27permit for the source mine is not a solid waste as defined in 
28section 103 of the act of July 7, 1980 (P.L.380, No.97), known 
29as the Solid Waste Management Act, and the regulations 
30promulgated thereunder.

1* * *

2"Water pollution abatement facilities." The methods for
3treatment or abatement of water pollution located on eligible
4lands and water. These methods include, but are not limited to,
5a structure, system, practice, technique or method constructed,
6installed or followed to reduce, treat or abate such water
7pollution, and facilities to withdraw mine drainage or mine pool 
8water for use in gas well development or another beneficial use.

9"Water pollution abatement project." Any of the following:

10(1) A plan for treatment or abatement of water pollution
11located on eligible lands and water. These plans include, but
12are not limited to, the practices to be followed and the
13installation, operation and maintenance of facilities to
14reduce, treat or abate such water pollution.

15(2) A plan for the withdrawal of mine drainage or mine
16pool water located on eligible lands and water, provided that
17the use is for gas well development or another beneficial
18use. These plans include the installation, operation and
19maintenance of facilities to withdraw such mine drainage or
20mine pool water.

21"Water pollution abatement project operator." A person who 
22undertakes or performs a water pollution abatement project 
23approved by the department.

24Section 3. Section 8105(a), (b) and (d) of Title 27 are
25amended to read:

26§ 8105. Eligibility and project inventory.

27(a) General rule.--A landowner or person who [voluntarily]
28provides equipment, funding, materials or services [at no charge
29or at cost] for a reclamation project or a water pollution
30abatement project in accordance with this chapter may be immune

1from civil liability and may raise the protections afforded by
2this chapter in any subsequent legal proceeding which is brought
3to enforce environmental laws or otherwise impose liability. A
4landowner or other person is only eligible for the protections
5and immunities provided by sections 8106 (relating to landowner
6liability limitation and exceptions) and 8107 (relating to
7project liability limitation and exceptions) if a detailed
8written plan of the proposed reclamation project or water
9pollution abatement project is submitted to and approved by the
10department. The project plan shall include the objective of the
11project and a description of the work that will be performed to
12accomplish the objective and must identify the project location,
13project boundaries, the project participants and the owners of
14the land.

15(b) Notice.--Upon receipt of each project plan, the
16department shall require a water pollution abatement project 
17operator or a reclamation project operator to either give
18written notice by certified mail to adjacent property owners and
19riparian land owners located downstream of the proposed project
20or [will] provide public notice of the proposed project in a
21newspaper of general circulation, published in the locality of
22the proposed project, once a week for four consecutive weeks
23[and]. The department shall give public notice in the
24Pennsylvania Bulletin. [The person proposing the project may
25also provide public notice. Any] All notice under this 
26subsection shall indicate that any person having an interest
27which may be adversely affected by the proposed project has the
28right to file with the department written objection to the
29proposed project within 30 days after receipt of the written
30notice or the last publication of the above notice, which shall

1conclude the public comment period. The department shall provide
2to the person proposing the project a copy of each written
3objection received during the public comment period.

4* * *

5(d) Departmental review.--The department shall review each
6proposed reclamation project and approve the project if the
7department determines the proposed project:

8(1) will result in the regrading of the land to stable
9contours that blend in and complement the drainage pattern of
10the surrounding terrain with no highwalls, spoil piles or
11depressions to accumulate water;

12(2) will result in the appropriate revegetation of the
13site; and

14(3) is not likely to result in water pollution as
15defined in section 1 of the act of June 22, 1937 (P.L.1987, 
16No.394), known as The Clean Streams Law.

17The department shall review each proposed water pollution
18abatement project and approve the project if the department
19determines the proposed project is likely to improve the water
20quality of mine drainage or mine pool water on eligible land and 
21water or will likely have a beneficial impact on water resources 
22in this Commonwealth and is not likely to make the water
23pollution worse.

24* * *

25Section 4. Sections 8106 heading, (a) and (c) and 8107 of
26Title 27 are amended and the sections are amended by adding
27subsections to read:

28§ 8106. [Landowner liability] Liability limitation and
29exceptions.

30(a) General rule.--Except as specifically provided in

1subsections (b) and (c), a landowner who provides access to the
2land[, without charge or other consideration,] which results in
3the implementation of a reclamation project or a water pollution
4abatement project:

5(1) Shall be immune from liability for any injury or
6damage suffered by the person implementing the reclamation
7project or the water pollution abatement project while the
8person is within the project work area.

9(2) Shall be immune from liability for any injury to or
10damage suffered by a third party which arises out of or
11occurs as a result of an act or omission of a person
12implementing a reclamation project or water pollution
13abatement project which occurs during the implementation of
14the reclamation project or the water pollution abatement
15project.

16(3) Shall be immune from liability for any injury to or
17damage suffered by a third party, including adjacent 
18landowners or downstream riparian landowners, which arises
19out of or occurs as a result of a reclamation project or a
20water pollution abatement project.

21(4) Shall not be deemed to assume legal responsibility
22for or incur liability for any pollution resulting from a
23reclamation project or water pollution abatement project.

24(5) Shall not be subject to a citizen suit filed
25pursuant to section 601 of the act of June 22, 1937 
26(P.L.1987, No.394), known as The Clean Streams Law, for
27pollution resulting from a reclamation project or water
28pollution abatement project.

29(6) Shall be immune from liability for the operation,
30maintenance or repair of the water pollution abatement

1facilities constructed or installed during the project unless
2the landowner negligently damages or destroys the water
3pollution abatement facilities or denies access to those
4persons who operate, maintain or repair the water pollution
5abatement facilities.

6* * *

7(c) Exceptions to landowner immunity.--Nothing is this
8chapter shall limit [in any way] or affect a landowner's
9liability which results from a reclamation project or water
10pollution abatement project and which would otherwise exist:

11(1) For injury or damage resulting from the landowner's
12acts or omissions which are reckless or constitute gross
13negligence or willful misconduct.

14[(2) Where the landowner charges an access fee or
15requires other consideration before allowing access to the
16land for the purpose of implementing a reclamation project or
17water pollution abatement project or to operate, maintain or
18repair water pollution abatement facilities constructed or
19installed during a water pollution abatement project.]

20(3) For the landowner's unlawful activities.

21[(4) For damage to adjacent landowners or downstream
22riparian landowners which results from a reclamation project
23or water pollution abatement project where written notice or
24public notice of the proposed project was not provided.]

25(d)  Mine drainage immunity.--A mine operator who provides
26treated mine drainage from a permitted mining activity site
27shall be immune from liability for any cost, injury or damage
28arising out of the use of the treated mine drainage if:

29(1) the treated mine drainage is for use outside the
30boundaries of the permitted mining activity site;

1(2) the treated mine drainage is for the development of
2a gas well or another beneficial use; and

3(3) the mine operator is not the same person using the
4treated mine drainage for gas well development or another
5beneficial use.

6(e) Water pollution abatement immunity.--A water pollution
7abatement project operator who provides mine drainage or mine
8pool water from eligible land and water shall be immune from
9liability for any cost, injury or damage arising out of the use
10of the mine drainage or mine pool water if:

11(1) the mine drainage or mine pool water is for use
12outside the boundaries of the water pollution abatement
13project;

14(2) the mine drainage or mine pool water is for the
15development of a gas well or another beneficial use; and

16(3) the water pollution abatement project operator is
17not the same person using the mine drainage or mine pool
18water for gas well development or another beneficial use.

19(f) Acquisition of water.--A person who acquires mine
20drainage or mine pool water from eligible land and water for use
21in gas well development or another beneficial use may not be
22held liable for the treatment or abatement of the mine drainage
23or mine pool water due to the acquisition or usage.

24(g) Liability limitation.--Except as provided in subsections
25(d) and (e), nothing in this chapter shall limit the liability
26of a person for unlawful spills or releases of mine drainage or
27mine pool water caused by the person after its withdrawal of the
28water that occurs on ineligible land and water in this
29Commonwealth.

30§ 8107. Project liability limitation and exceptions.

1(a) General rule.--Except as specifically provided in
2subsection (b), a [person] reclamation project operator or water 
3pollution abatement project operator who provides equipment,
4funding, materials or services at no cost [or at cost] to the 
5Commonwealth for a reclamation project or a water pollution
6abatement project:

7(1) Shall be immune from liability for any injury to or
8damage suffered by a person which arises out of or occurs as
9a result of the water pollution abatement facilities
10constructed or installed during the water pollution abatement
11project.

12(2) Shall be immune from liability for any pollution
13emanating from the water pollution abatement facilities
14constructed or installed during the water pollution abatement
15project unless the person affects an area that is
16hydrologically connected to the water pollution abatement
17project work area and causes increased pollution by
18activities which are unrelated to the implementation of a
19water pollution abatement project.

20(3) Shall not be deemed to assume responsibility for or
21incur liability for the operation, maintenance and repair of
22the water pollution abatement facilities constructed or
23installed during the water pollution abatement project[.] or 
24for the treatment or abatement of mine drainage or mine pool 
25water that is the object of the water pollution abatement 
26project.

27(4) Shall not be subject to a citizen suit under section
28601 of the act of June 22, 1937 (P.L.1987, No.394), known as
29The Clean Streams Law, for pollution emanating from the water
30pollution abatement facilities constructed or installed

1during the water pollution abatement project.

2(b) Exceptions.--

3(1) Nothing in this chapter shall limit [in any way] the
4liability of a [person] reclamation project operator or a 
5water pollution abatement project operator who provides
6equipment, funding, materials or services [at no cost or at
7cost] for a reclamation project or a water pollution
8abatement project [which liability results from the
9reclamation project or the water pollution abatement project
10and which would otherwise exist]:

11(i) For injury or damage resulting from the
12[person's] water pollution abatement project operator's 
13or the reclamation project operator's acts or omissions
14which are reckless or constitute gross negligence or
15willful misconduct.

16(ii) For the [person's] water pollution abatement 
17project operator's or the reclamation project operator's
18unlawful activities.

19[(iii) For damages to adjacent landowners or
20downstream riparian landowners which result from a
21reclamation project or a water pollution abatement
22project where written notice or public notice of the
23proposed project was not provided.]

24(2) Nothing in this chapter shall limit in any way the
25liability of a person who the department has found to be in
26violation of any of the following acts:

27(i) The act of May 31, 1945 (P.L.1198, No.418),
28known as the Surface Mining Conservation and Reclamation
29Act.

30(ii) The act of April 27, 1966 (1st Sp.Sess.,
 

1P.L.31, No.1), known as The Bituminous Mine Subsidence
2and Land Conservation Act.

3(c) Definitions.--As used in this section, the term "cost to 
4the Commonwealth" does not include the awarding of grant funds 
5by the department or a Commonwealth agency to a water pollution 
6abatement project operator who:

7(1)  provides equipment, funding, materials or services 
8to the Commonwealth for a reclamation project or a water 
9pollution abatement project; or

10(2)  implements any such project.

11Section 5. Sections 8111(a) and 8112 of Title 27 are amended
12to read:

13§ 8111. Exceptions.

14(a) General rule.--Any person who under existing law [shall
15be] is or may become responsible to reclaim the land adversely 
16affected by mining or oil or gas extraction, or treat or abate
17the water pollution [or any person who for payment or
18consideration or who receives some other benefit through a
19contract or any person who through a consent order and agreement
20or otherwise agrees or is ordered to perform or complete
21reclamation or treat or abate water pollution as well as a
22surety which provided a bond for the site] caused by mining or 
23oil or gas extraction shall not be eligible for nor shall that
24person receive the benefit of the protections and immunities
25available under this chapter, except as specifically provided 
26for in section 8106(d) (relating liability limitation and 
27exceptions).

28* * *

29§ 8112. Water supply replacement.

30A public or private water supply affected by contamination or
 

1the diminution caused by the implementation of a reclamation 
2project or the implementation of a water pollution abatement 
3project shall be restored or replaced by the [department] 
4reclamation project operator or the water pollution abatement 
5project operator with an alternate source of water adequate in 
6quantity and quality for the purposes served by the water 
7supply.

8Section 6. This act shall take effect in 60 days.