Regular Session 2015-2016 House Bill 1825 P.N. 2799

PRINTER'S NO. 2799

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1825

Session of

2015

INTRODUCED BY SANKEY, CUTLER, GABLER, GREINER, MASSER, McGINNIS,

METZGAR, OBERLANDER, REESE, SANTORA, SAYLOR, SCHWEYER,

THOMAS, TOPPER, WARD AND ZIMMERMAN, FEBRUARY 2, 2016

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

FEBRUARY 2, 2016

AN ACT

Amending the act of May 19, 1995 (P.L.4, No.2), entitled "An act

providing for the recycling of existing industrial and

commercial sites; further defining the cleanup liability of

new industries and tenants; establishing a framework for

setting environmental remediation standards; establishing the

Voluntary Cleanup Loan Fund, the Industrial Land Recycling

Fund and the Industrial Sites Cleanup Fund to aid industrial

site cleanups; assigning powers and duties to the

Environmental Quality Board and the Department of

Environmental Resources; and making repeals," in general

provisions, further providing for definitions; adding

provisions for beneficial use of abandoned mine drainage; and

providing for certain immunity.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 103 of the act of May 19, 1995 (P.L.4,

No.2), known as the Land Recycling and Environmental Remediation

Standards Act, is amended by adding definitions to read:

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Beneficial use." Use of eligible land and water, as

approved by the department, as part of a water pollution

abatement project for use by an industrial or commercial

facility operating in accordance with the laws of this

Commonwealth.

* * *

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

by mining for which no person has a continuing reclamation or

water pollution abatement obligation, including land and water

adversely affected by mining for which the department has

forfeited and collected the operators bonds and there is no

outstanding litigation concerning the bond forfeiture or for

which a treatment trust fund naming the department as the

beneficiary has been established.

* * *

"Environmental laws." All statutes enacted by the

Commonwealth relating to the protection of the environment or

the protection of public health, safety and welfare that are

administered and enforced by the department or by another

Commonwealth agency, including an independent agency, and all

Federal statutes relating to the protection of the environment.

* * *

"Mine drainage" or "mine pool water." Water contained in a

mine pool or a surface discharge of water caused by a mining

activity.

* * *

"Reclamation project operator." A person who undertakes or

performs a reclamation project approved by the department.

* * *

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"Treated mine drainage." Water from an active or closed mine

that is treated by a water pollution abatement project operator

under a permit issued by the department. Treated mine drainage

that meets the effluent limits for the National Pollutant

Discharge Elimination System permit for the source mine is not a

solid waste as defined in section 103 of the act of July 7, 1980

(P.L.380, No.97), known as the Solid Waste Management Act, and

the regulations promulgated under that act.

* * *

"Water pollution abatement facilities." A facility that

abates water pollution located on eligible lands and water

through treatment methods, including, but not limited to, a

structure, system, practice, technique or method constructed,

installed or followed to reduce, treat or abate such water

pollution and facilities to withdraw mine drainage or mine pool

water for use in gas well development or another beneficial use.

"Water pollution abatement plan." A plan for a water

pollution abatement project.

"Water pollution abatement project." A project to treat or

abate water pollution located on eligible lands and water,

including, but not limited to, the installation, operation and

maintenance of facilities to reduce, treat or abate such water

pollution or the installation, operation and maintenance of

facilities to withdraw mine drainage or mine pool water located

on eligible lands and water, provided that the use is

beneficial.

"Water pollution abatement project operator." A person,

including a conservation district, that undertakes or performs a

water pollution abatement project approved by the department.

Section 2. The act is amended by adding a chapter to read:

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CHAPTER 8

BENEFICIAL USE OF ABANDONED

MINE DRAINAGE

Section 801. Plan.

A person seeking immunity under section 805 must submit a

water pollution abatement plan under this chapter to the

department for approval. The plan shall include a description of

the water pollution abatement project and the water pollution

abatement facilities, the work that will be performed, the

location, the boundaries, the names of all property owners where

the water pollution abatement project is located and the names

of all project participants and all property owners of the

eligible land.

Section 802. Notice.

Upon receipt of each project plan, the department shall

publish notice of receipt of plans for water pollution and

abatement projects in the Pennsylvania Bulletin. All notices

under this section shall indicate that any person having an

interest which may be adversely affected by the proposed project

has the right to file with the department written objections to

the proposed project within 30 days after receipt of the written

notice or the last publication of the notice, which shall

conclude the public comment period. The department shall provide

to the person proposing the project a copy of each written

objection received during the public comment period.

Section 803. Departmental review.

The department shall review each proposed reclamation

project. Included in its review, the department shall consider

if the proposed project:

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

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contours that blend in and complement the drainage pattern of

the surrounding terrain with no highwalls, spoil piles or

depressions to accumulate water;

(2) will result in the appropriate revegetation of the

site; and

(3) is not likely to result in pollution as defined in

section 1 of the act of June 22, 1937 (P.L.1987, No.394),

known as The Clean Streams Law.

Section 804. Approval.

Upon review, the department shall approve each proposed water

pollution abatement project if it determines that the proposed

project:

(1) Is likely to improve the water quality of mine

drainage or mine pool water on eligible land and water or

will likely have a beneficial impact on water resources in

this Commonwealth.

(2) Is not likely to exacerbate the water pollution

proposed to be abated.

Section 805. Immunity.

(a) General rule.--Except as otherwise provided in

subsection (b), a landowner, person or water pollution abatement

operator who provides equipment, funding, materials or services

for a water pollution abatement project for a beneficial use

under this chapter shall be immune from:

(1) Suits or enforcement actions, including actions for

civil and criminal penalties, or other actions under the

environmental laws.

(2) Private actions for damage, including actions for

injury to persons, property or the environment based on

negligence, trespass or nuisance, or other common law

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remedies.

(b) Exception.--A landowner, person or water pollution

abatement operator claiming immunity under this chapter shall

not be immune from an action or enforcement order for an

unlawful activity, act or omission that is reckless or

constitutes gross negligence or willful misconduct.

Section 3. This act shall take effect immediately.

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