SUBPART C
                                 IMMUNITY

     Chapter
       81.  Good Samaritan
       83.  Participation in Environmental Law or Regulation

        Enactment.  Subpart C was added December 15, 1999, P.L.949,
     No.68, effective December 31, 1999.

                                CHAPTER 81
                              GOOD SAMARITAN

     Sec.
     8101.  Short title of chapter.
     8102.  Findings.
     8103.  Purpose.
     8104.  Definitions.
     8105.  Eligibility and project inventory.
     8106.  Landowner liability limitation and exceptions.
     8107.  Project liability limitation and exceptions.
     8108.  Permits and zoning.
     8109.  Relationship to Federal and State programs.
     8110.  General permits.
     8111.  Exceptions.
     8112.  Water supply replacement.
     8113.  Orphan oil and gas wells.
     8114.  Regulations.

        Enactment.  Chapter 81 was added December 15, 1999, P.L.949,
     No.68, effective in 60 days.
     § 8101.  Short title of chapter.
        This chapter shall be known and may be cited as the
     Environmental Good Samaritan Act.
     § 8102.  Findings.
        The General Assembly finds and declares as follows:
            (1)  This Commonwealth's long history of mining and the
        extraction of oil and gas has left some lands and waters
        unreclaimed and polluted.
            (2)  These abandoned lands and polluted waters are
        unproductive, erode the tax base and are serious impediments
        to the economic welfare and growth of this Commonwealth.
            (3)  The unreclaimed lands and polluted waters present a
        danger to the health, safety and welfare of the people and
        the environment.
            (4)  This Commonwealth does not possess sufficient
        resources to reclaim all the abandoned lands and to abate the
        water pollution.
            (5)  Numerous landowners, citizens, watershed
        associations, environmental organizations and governmental
        entities who do not have a legal responsibility to reclaim
        the abandoned lands or to abate the water pollution are
        interested in addressing these problems but are reluctant to
        engage in such reclamation and abatement activities because
        of potential liabilities associated with the reclamation and
        abatement activities.
            (6)  It is in the best interest of the health, safety and
        welfare of the people of this Commonwealth and the
        environment to encourage reclamation of the abandoned lands
        and abatement of water pollution.
     § 8103.  Purpose.
        This chapter is intended to encourage the improvement of land
     and water adversely affected by mining and oil and gas
     extraction, to aid in the protection of wildlife, to decrease
     soil erosion, to aid in the prevention and abatement of the
     pollution of rivers and streams, to protect and improve the
     environmental values of this Commonwealth and to eliminate or
     abate hazards to health and safety. It is the intent of the
     General Assembly to encourage voluntary reclamation of lands
     adversely affected by mining or oil or gas extraction. The
     purpose of this chapter is to improve water quality and to
     control and eliminate water pollution resulting from mining or
     oil or gas extraction or exploration by limiting the liability
     which could arise as a result of the voluntary reclamation of
     abandoned lands or the reduction and abatement of water
     pollution. This chapter is not intended to limit the liability
     of a person who under existing law is or may become responsible
     to reclaim the land or address the water pollution or anyone who
     by contract, order or otherwise is required to or agrees to
     perform the reclamation or abate the water pollution.
     § 8104.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Abandoned lands."  Land adversely affected by mineral or oil
     or gas extraction and left or abandoned in an unreclaimed or
     inadequately reclaimed condition.
        "Consideration."  Something of value promised, given or
     performed in exchange for something which has the effect of
     making a legally enforceable contract. For the purpose of this
     chapter, the term does not include a promise to a landowner to
     repair damage caused by a reclamation project or water pollution
     abatement project when the promise is made in exchange for
     access to the land.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Eligible land and water."  Land and water adversely affected
     by mining or oil or gas extraction and left or abandoned in an
     unreclaimed or inadequately reclaimed condition or left
     discharging water pollution and for which no person has a
     continuing reclamation or water pollution abatement obligation.
     The term shall also include land and water adversely affected by
     mining or oil or gas extraction and left in an unreclaimed or
     inadequately reclaimed condition or left discharging water
     pollution for which the Department of Environmental Protection
     has forfeited and collected the operators bonds and there is no
     outstanding litigation concerning the bond forfeiture.
        "Landowner."  A person who holds either legal or equitable
     interest in real property.
        "Mineral."  Any aggregate or mass of mineral matter, whether
     or not coherent, which is extracted by mining, including, but
     not limited to, limestone, dolomite, sand, gravel, slate,
     argillite, diabase, gneiss, micaceous sandstone known as
     bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore,
     vermiculite, clay and anthracite and bituminous coal.
        "Permitted mining activity site."  A site permitted by the
     Department of Environmental Protection pursuant to one or more
     of the following acts:
            (1)  the act of June 22, 1937 (P.L.1987, No.394), known
        as The Clean Streams Law;
            (2)  the act of May 31, 1945 (P.L.1198, No.418), known as
        the Surface Mining Conservation and Reclamation Act;
            (3)  the act of April 27, 1966 (1st Sp.Sess., P.L.31,
        No.1), known as The Bituminous Mine Subsidence and Land
        Conservation Act;
            (4)  the act of September 24, 1968 (P.L.1040, No.318),
        known as the Coal Refuse Disposal Control Act; or
            (5)  the act of December 19, 1984 (P.L.1093, No.219),
        known as the Noncoal Surface Mining Conservation and
        Reclamation Act.
        "Person."  A natural person, partnership, association,
     association members, corporation, political subdivision of the
     Commonwealth, an agency, instrumentality or entity of Federal or
     State Government or other legal entity recognized by law as the
     subject of rights and liabilities.
        "Project work area."  That land necessary for a person to
     complete a reclamation project or a water pollution abatement
     project.
        "Reclamation project."  The restoration of eligible lands and
     water to productive use by regrading and revegetating the land
     to stable contours that blend in and complement the drainage
     pattern of the surrounding terrain with no highwalls, spoil
     piles or depressions to accumulate water and by plugging
     abandoned oil or gas wells and removing production or storage
     facilities, supplies and equipment from areas disturbed in
     siting, drilling, completing and producing such wells.
        "Water pollution."  Pollution of the waters of this
     Commonwealth as defined in section 1 of the act of June 22, 1937
     (P.L.1987, No.394), known as The Clean Streams Law, which was
     caused by mining activities or oil or gas extraction or
     exploration for these resources.
        "Water pollution abatement facilities."  The methods for
     treatment or abatement of water pollution located on eligible
     lands and water. These methods include, but are not limited to,
     a structure, system, practice, technique or method constructed,
     installed or followed to reduce, treat or abate such water
     pollution.
        "Water pollution abatement project."  A plan for treatment or
     abatement of water pollution located on eligible lands and
     water. These plans include, but are not limited to, the
     practices to be followed and the installation, operation and
     maintenance of facilities to reduce, treat or abate such water
     pollution.
     § 8105.  Eligibility and project inventory.
        (a)  General rule.--A landowner or person who voluntarily
     provides equipment, materials or services at no charge or at
     cost for a reclamation project or a water pollution abatement
     project in accordance with this chapter may be immune from civil
     liability and may raise the protections afforded by this chapter
     in any subsequent legal proceeding which is brought to enforce
     environmental laws or otherwise impose liability. A landowner or
     other person is only eligible for the protections and immunities
     provided by sections 8106 (relating to landowner liability
     limitation and exceptions) and 8107 (relating to project
     liability limitation and exceptions) if a detailed written plan
     of the proposed reclamation project or water pollution abatement
     project is submitted to and approved by the department. The
     project plan shall include the objective of the project and a
     description of the work that will be performed to accomplish the
     objective and must identify the project location, project
     boundaries, the project participants and the owners of the land.
        (b)  Notice.--Upon receipt of each project plan, the
     department shall either give written notice by certified mail to
     adjacent property owners and riparian land owners located
     downstream of the proposed project or will provide public notice
     of the proposed project in a newspaper of general circulation,
     published in the locality of the proposed project, once a week
     for four consecutive weeks and shall give public notice in the
     Pennsylvania Bulletin. The person proposing the project may also
     provide public notice. Any person having an interest which may
     be adversely affected by the proposed project has the right to
     file with the department written objection to the proposed
     project within 30 days after receipt of the written notice or
     the last publication of the above 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.
        (c)  Advice.--The department may provide advice to the
     landowner or other interested person based upon the department's
     knowledge and experience in performing reclamation projects and
     water pollution abatement projects.
        (d)  Departmental review.--The department shall review each
     proposed reclamation project and approve the project if the
     department determines the proposed project:
            (1)  will result in the regrading of the land to stable
        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 water pollution as
        defined in section 1 of the act of June 22, 1937 (P.L.1987,
        No.394), known as The Clean Streams Law.
     The department shall review each proposed water pollution
     abatement project and approve the project if the department
     determines the proposed project is likely to improve the water
     quality and is not likely to make the water pollution worse.
        (e)  Additional review.--The department shall review each
     project plan in accordance with section 8111(b) (relating to
     exceptions).
        (f)  Project inventory.--The department shall develop and
     maintain a system to inventory and record each project, the
     project location and boundaries, each landowner and each person
     identified in a project plan provided to the department. The
     inventory shall include the results of the department's review
     of the proposed project and, where applicable, include the
     department's findings under section 8111(b).
        (g)  Appeal.--A person aggrieved by a department decision to
     approve or disapprove a reclamation project or a water pollution
     abatement project has the right to file an appeal with the
     Environmental Hearing Board in accordance with the act of July
     13, 1988 (P.L.530, No.94), known as the Environmental Hearing
     Board Act, and in accordance with the Environmental Hearing
     Board's rules, 25 Pa. Code Ch. 1021 (relating to practice and
     procedures).
     § 8106.  Landowner liability limitation and exceptions.
        (a)  General rule.--Except as specifically provided in
     subsections (b) and (c), a landowner who provides access to the
     land, without charge or other consideration, which results in
     the implementation of a reclamation project or a water pollution
     abatement project:
            (1)  Shall be immune from liability for any injury or
        damage suffered by the person implementing the reclamation
        project or the water pollution abatement project while the
        person is within the project work area.
            (2)  Shall be immune from liability for any injury to or
        damage suffered by a third party which arises out of or
        occurs as a result of an act or omission of a person
        implementing a reclamation project or water pollution
        abatement project which occurs during the implementation of
        the reclamation project or the water pollution abatement
        project.
            (3)  Shall be immune from liability for any injury to or
        damage suffered by a third party which arises out of or
        occurs as a result of a reclamation project or a water
        pollution abatement project.
            (4)  Shall not be deemed to assume legal responsibility
        for or incur liability for any pollution resulting from a
        reclamation project or water pollution abatement project.
            (5)  Shall not be subject to a citizen suit filed
        pursuant to section 601 of the act of June 22, 1937
        (P.L.1987, No.394), known as The Clean Streams Law, for
        pollution resulting from a reclamation project or water
        pollution abatement project.
            (6)  Shall be immune from liability for the operation,
        maintenance or repair of the water pollution abatement
        facilities constructed or installed during the project unless
        the landowner negligently damages or destroys the water
        pollution abatement facilities or denies access to those
        persons who operate, maintain or repair the water pollution
        abatement facilities.
        (b)  Duty to warn.--A landowner shall warn a person
     implementing a reclamation project or water pollution abatement
     project of known, latent, dangerous conditions located on the
     project work area which known, latent, dangerous conditions are
     not the subject of the reclamation project or the water
     pollution abatement project. Nothing in this chapter shall limit
     in any way or affect a landowner's liability which results from
     the landowner's failure to warn of such known, latent, dangerous
     conditions.
        (c)  Exceptions to immunity.--Nothing is this chapter shall
     limit in any way or affect a landowner's liability which results
     from a reclamation project or water pollution abatement project
     and which would otherwise exist:
            (1)  For injury or damage resulting from the landowner's
        acts or omissions which are reckless or constitute gross
        negligence or willful misconduct.
            (2)  Where the landowner charges an access fee or
        requires other consideration before allowing access to the
        land for the purpose of implementing a reclamation project or
        water pollution abatement project or to operate, maintain or
        repair water pollution abatement facilities constructed or
        installed during a water pollution abatement project.
            (3)  For the landowner's unlawful activities.
            (4)  For damage to adjacent landowners or downstream
        riparian landowners which results from a reclamation project
        or water pollution abatement project where written notice or
        public notice of the proposed project was not provided.

        Cross References.  Section 8106 is referred to in section
     8105 of this title.
     § 8107.  Project liability limitation and exceptions.
        (a)  General rule.--Except as specifically provided in
     subsection (b), a person who provides equipment, materials or
     services at no cost or at cost for a reclamation project or a
     water pollution abatement project:
            (1)  Shall be immune from liability for any injury to or
        damage suffered by a person which arises out of or occurs as
        a result of the water pollution abatement facilities
        constructed or installed during the water pollution abatement
        project.
            (2)  Shall be immune from liability for any pollution
        emanating from the water pollution abatement facilities
        constructed or installed during the water pollution abatement
        project unless the person affects an area that is
        hydrologically connected to the water pollution abatement
        project work area and causes increased pollution by
        activities which are unrelated to the implementation of a
        water pollution abatement project.
            (3)  Shall not be deemed to assume responsibility for or
        incur liability for the operation, maintenance and repair of
        the water pollution abatement facilities constructed or
        installed during the water pollution abatement project.
            (4)  Shall not be subject to a citizen suit under section
        601 of the act of June 22, 1937 (P.L.1987, No.394), known as
        The Clean Streams Law, for pollution emanating from the water
        pollution abatement facilities constructed or installed
        during the water pollution abatement project.
        (b)  Exceptions.--
            (1) Nothing in this chapter shall limit in any way the
        liability of a person who provides equipment, materials or
        services at no cost or at cost for a reclamation project or a
        water pollution abatement project which liability results
        from the reclamation project or the water pollution abatement
        project and which would otherwise exist:
                (i)  For injury or damage resulting from the person's
            acts or omissions which are reckless or constitute gross
            negligence or willful misconduct.
                (ii)  For the person's unlawful activities.
                (iii)  For damages to adjacent landowners or
            downstream riparian landowners which result from a
            reclamation project or a water pollution abatement
            project where written notice or public notice of the
            proposed project was not provided.
            (2)  Nothing in this chapter shall limit in any way the
        liability of a person who the department has found to be in
        violation of any of the following acts:
                (i)  The act of May 31, 1945 (P.L.1198, No.418),
            known as the Surface Mining Conservation and Reclamation
            Act.
                (ii)  The act of April 27, 1966 (1st Sp.Sess.,
            P.L.31, No.1), known as The Bituminous Mine Subsidence
            and Land Conservation Act.

        Cross References.  Section 8107 is referred to in section
     8105 of this title.
     § 8108.  Permits and zoning.
        Nothing in this chapter shall be construed as waiving any
     existing permit requirements or waiving any local zoning
     requirements.
     § 8109.  Relationship to Federal and State programs.
        The provisions of this chapter shall not prevent the
     Commonwealth from enforcing requirements necessary or imposed by
     the Federal Government as a condition to receiving or
     maintaining program authorization, delegation, primacy or
     Federal funds.
     § 8110.  General permits.
        If the department determines it will further the purposes of
     this chapter, the department may issue a general permit for each
     reclamation project or water pollution abatement project, which
     general permit shall:
            (1)  Encompass all of the activities included in that
        reclamation project or water pollution abatement project.
            (2)  Be issued in place of any required stream
        encroachment, earth disturbance or national pollution
        discharge elimination system permits.
     § 8111.  Exceptions.
        (a)  General rule.--Any person who under existing law shall
     be or may become responsible to reclaim the land or treat or
     abate the water pollution or any person who for payment or
     consideration or who receives some other benefit through a
     contract or any person who through a consent order and agreement
     or otherwise agrees or is ordered to perform or complete
     reclamation or treat or abate water pollution as well as a
     surety which provided a bond for the site shall not be eligible
     for nor shall that person receive the benefit of the protections
     and immunities available under this chapter.
        (b)  Projects near mining or coal refuse sites.--This chapter
     shall not apply to a reclamation project or a water pollution
     abatement project that is located adjacent to, hydrologically
     connected to or in close proximity to a site permitted under 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, the act of September 24,
     1968 (P.L.1040, No.318), known as the Coal Refuse Disposal
     Control Act, or the act of December 19, 1984 (P.L.1093, No.219),
     known as the Noncoal Surface Mining Conservation and Reclamation
     Act, unless:
            (1)  The reclamation project or water pollution abatement
        project is submitted to the department in writing before the
        project is started.
            (2)  The department finds:
                (i)  The reclamation project or the water pollution
            abatement project will not adversely affect the
            permittee's obligations under the permit and the
            applicable law.
                (ii)  The activities on the project work area cannot
            be used by the permittee to avoid the permittee's
            reclamation or water pollution treatment or abatement
            obligations.
            (3)  The department issues a written notice of its
        findings and the approval of the project.
        (c)  Projects in lieu of civil penalties.--This chapter shall
     not apply to a reclamation project or a water pollution
     abatement project that is performed in lieu of paying civil
     penalties.
        (d)  Land Recycling and Environmental Remediation Standards
     Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land
     Recycling and Environmental Remediation Standards Act, does not
     apply to reclamation projects or water pollution abatement
     projects implemented under this chapter.

        Cross References.  Section 8111 is referred to in section
     8105 of this title.
     § 8112.  Water supply replacement.
        A public or private water supply affected by contamination or
     the diminution caused by the implementation of a reclamation
     project or the implementation of a water pollution abatement
     project shall be restored or replaced by the department with an
     alternate source of water adequate in quantity and quality for
     the purposes served by the water supply.
     § 8113.  Orphan oil and gas wells.
        A reclamation project or water pollution abatement project
     shall not be implemented in a manner which will limit access to
     an orphan gas well or an orphan oil well.
     § 8114.  Regulations.
        The department may promulgate rules and regulations necessary
     to implement the provisions of this chapter.