PART VI
                          SANCTIONS AND REMEDIES

     Subpart
        A.  General Provisions
        C.  Immunity

        Enactment.  Part VI was added December 15, 1999, P.L.949,
     No.68, effective December 31, 1999.

                                SUBPART A
                            GENERAL PROVISIONS

     Chapter
       77.  Costs and Fees

        Enactment.  Subpart A was added December 20, 2000, P.L.980,
     No.138, effective in 60 days.

                                CHAPTER 77
                              COSTS AND FEES

     Sec.
     7707.  Participation in environmental law or regulation.
     7708.  Costs for mining proceedings.

        Enactment.  Chapter 77 was added December 20, 2000, P.L.980,
     No.138, effective in 60 days, unless otherwise noted.
        Special Provisions in Appendix.  See the preamble of Act 138
     of 2000 in the appendix to this title for special provisions
     relating to legislative findings and declarations.
     § 7707.  Participation in environmental law or regulation.
        A person that successfully defends against an action under
     Chapter 83 (relating to participation in environmental law or
     regulation) shall be awarded reasonable attorney fees and the
     costs of litigation. If the person prevails in part, the court
     may make a full award or a proportionate award.
     § 7708.  Costs for mining proceedings.
        (a)  Purpose.--This section establishes costs and fees
     available in proceedings involving coal mining activities. The
     purpose of this section is to provide costs and fees to the same
     extent of section 525(e) of the Surface Mining Control and
     Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C. § 1201 et
     seq.) and the regulations promulgated pursuant thereto. It is
     hereby determined that it is in the public interest for the
     Commonwealth to maintain primary jurisdiction over the
     enforcement and administration of the Surface Mining Control and
     Reclamation Act of 1977 and that the purpose of this section is
     to maintain primary jurisdiction over coal mining in this
     Commonwealth but in no event to authorize standards which are
     more stringent than Federal standards for the award of costs and
     fees.
        (b)  General rule.--Any party may file a petition for award
     of costs and fees reasonably incurred as a result of that
     party's participation in any proceeding involving coal mining
     activities which results in a final adjudication being issued by
     the Environmental Hearing Board or a final order being issued by
     an appellate court.
        (c)  Recipients of awards.--Appropriate costs and fees
     incurred for a proceeding concerning coal mining activities may
     be awarded:
            (1)  To any party from the permittee if:
                (i)  The party initiates or participates in any
            proceeding reviewing enforcement actions upon a finding
            that a violation of a Commonwealth coal mining act,
            regulation or permit has occurred or that an imminent
            hazard existed.
                (ii)  The Environmental Hearing Board determines that
            the party made a substantial contribution to the full and
            fair determination of the issues.
        Except that the contribution of a party who did not initiate
        a proceeding shall be separate and distinct from the
        contribution made by a party initiating the proceeding.
            (2)  To any party, other than a permittee or his
        representative, from the department if that party:
                (i)  Initiates or participates in any proceeding
            concerning coal mining activities.
                (ii)  Prevails in whole or in part, achieving at
            least some degree of success on the merits.
        Upon a finding that the party made a substantial contribution
        to a full and fair determination of the issues.
            (3)  To a permittee from the department when the
        permittee demonstrates that the department in a matter
        concerning coal mining activities issued an order of
        cessation, a compliance order or an order to show cause why a
        permit should not be suspended or revoked, in bad faith and
        for the purpose of harassing or embarrassing the permittee.
            (4)  To a permittee from any party where the permittee
        demonstrates that the party, in bad faith and for the purpose
        of harassing or embarrassing the permittee:
                (i)  initiated a proceeding under one or more of the
            coal mining acts or the regulations promulgated pursuant
            to any of those acts concerning coal mining activities;
            or
                (ii)  participated in such a proceeding in bad faith
            for the purpose of harassing or embarrassing the
            permittee.
        (d)  Time for filing.--The petition for an award of costs and
     fees shall be filed with the Environmental Hearing Board within
     30 days of the date an adjudication of the Environmental Hearing
     Board becomes final.
        (e)  Contents of petition.--A petition filed under this
     section shall include the name of the party from whom costs and
     fees are sought, and the following shall be submitted in support
     of the petition:
            (1)  An affidavit setting forth in detail all reasonable
        costs and fees reasonably incurred for or in connection with
        the party's participation in the proceeding.
            (2)  Receipts or other evidence of such costs and fees.
            (3)  Where attorney fees are claimed, evidence concerning
        the hours expended on the case, the customary commercial rate
        of payment for such services in the area and the experience,
        reputation and ability of the individual or individuals
        performing the services.
        (f)  Answer.--Any party shall have 30 days from service of
     the petition within which to file an answer to such petition.
        (g)  Exclusive remedy.--Except for section 601 of the act of
     June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
     Law, section 18.3 of the act of May 31, 1945 (P.L.1198, No.418),
     known as the Surface Mining Conservation and Reclamation Act,
     section 13 of the act of April 27, 1966 (1st Sp.Sess., P.L.31,
     No.1), known as The Bituminous Mine Subsidence and Land
     Conservation Act, and section 13 of the act of September 24,
     1968 (P.L.1040, No.318), known as the Coal Refuse Disposal
     Control Act, this section shall be the exclusive remedy for the
     awarding of costs and fees in proceedings involving coal mining
     activities.
        (h)  Definitions.--The following words and phrases when used
     in this section shall have the meanings given to them in this
     subsection unless the context clearly indicates otherwise:
        "Coal mining activities."  The extraction of coal from the
     earth, waste or stockpiles, pits or banks by removing the strata
     or material which overlies or is above or between them or
     otherwise exposing and retrieving them from the surface,
     including, but not limited to, strip mining, auger mining,
     dredging, quarrying and leaching and all surface activity
     connected with surface or underground coal mining, including,
     but not limited to, exploration, site preparation, coal
     processing or cleaning, coal refuse disposal, entry, tunnel,
     drift, slope, shaft and borehole drilling and construction, road
     construction, use, maintenance and reclamation, water supply
     restoration or replacement, repair or compensation for damages
     to structures caused by underground coal mining and all
     activities related thereto.
        "Coal mining acts."  The provisions of the act of June 22,
     1937 (P.L.1987, No.394), known as The Clean Streams Law, the act
     of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining
     Conservation and Reclamation Act, the act of April 27, 1966 (1st
     Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence
     and Land Conservation Act, and the act of September 24, 1968
     (P.L.1040, No.318), known as the Coal Refuse Disposal Control
     Act, which govern coal mining or activities related to coal
     mining.
        "Costs and fees."  All reasonable costs and expenses,
     including attorney fees and expert witness fees, reasonably
     incurred as a result of participation in a proceeding involving
     coal mining activities.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Proceeding."  Appeals of final Department of Environmental
     Protection actions before the Environmental Hearing Board and
     judicial review of Environmental Hearing Board adjudications.

        Effective Date.  Section 4(1)(i) of Act 138 of 2000 provided
     that section 7708 shall take effect immediately.
        Applicability.  Section 3 of Act 138 of 2000 provided that
     section 7708 shall apply to all proceedings and petitions for
     costs and fees filed after the effective date of Act 138.