PRINTER'S NO. 2313
No. 177 Session of 1985
INTRODUCED BY SWEET, RYBAK, HALUSKA, BALDWIN, J. L. WRIGHT,
COHEN, SAURMAN, DEAL, OLASZ, FARGO, PETRARCA, COLAFELLA AND
HERMAN, OCTOBER 16, 1985
REFERRED TO COMMITTEE ON RULES, OCTOBER 21, 1985
A RESOLUTION
1 Urging the Department of Environmental Resources to modify its
2 contract conditions applying to reclamation of abandoned mine
3 lands.
4 WHEREAS, The Department of Environmental Resources publishes
5 a document entitled "General Conditions for Construction," the
6 terms of which are to be complied with by all contractors doing
7 business with the Department; and
8 WHEREAS, This document lists 47 Federal statutes and 80
9 Pennsylvania statutes and requires all contractors to be
10 familiar with and comply with all provisions of these acts and
11 the regulations issued pursuant thereto; and
12 WHEREAS, This document also sets forth detailed
13 specifications for certain services and facilities to be
14 provided to Department personnel by all contractors; and
15 WHEREAS, The provision of such facilities imposes a
16 substantial cost on contractors; and
17 WHEREAS, These contract requirements are imposed on those
18 surface coal mine operators participating in the Department's
1 publicly bid program for reclamation of abandoned mine lands;
2 and
3 WHEREAS, Such contract conditions are not imposed on those
4 operators who reclaim their own permitted operations; and
5 WHEREAS, Such contract provisions may add unnecessary costs;
6 and
7 WHEREAS, The Commonwealth possesses an obligation to reclaim
8 nearly 200,000 acres of abandoned mine lands, the highest
9 abandoned acreage among the nation's mining states; and
10 WHEREAS, Such contract provisions constitute a disincentive
11 to operators wishing to participate and assist in the
12 Commonwealth's effort to reclaim abandoned mine lands; therefore
13 be it
14 RESOLVED, That imposition of said conditions imposes on
15 participating operators an unnecessary and inefficient
16 regulatory burden which weakens Pennsylvania's effort to reclaim
17 and restore abandoned mines lands; and be it further
18 RESOLVED, That the House of Representatives urge the
19 Department of Environmental Resources to alleviate the burden
20 and disincentive of these conditions by reviewing and reducing,
21 where appropriate and consistent with public health and safety,
22 the terms of these conditions, in order to encourage the
23 participation of the State's coal mining community in the
24 reclamation of abandoned mine lands; and be it further
25 RESOLVED, That a copy of this resolution be transmitted to
26 the Secretary of Environmental Resources.
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