SENATE AMENDED
PRIOR PRINTER'S NOS. 2094, 2275, 2786, PRINTER'S NO. 4169
2846
No. 1642 Session of 1985
INTRODUCED BY PETRARCA, SWEET, J. L. WRIGHT, ITKIN, HALUSKA,
TRELLO, STABACK, LLOYD, OLASZ, SALOOM, STEWART, FATTAH,
MARKOSEK, KASUNIC, ANGSTADT, ARGALL, CARLSON, DALEY,
BELFANTI, McCALL, CLARK, DeWEESE, JOSEPHS, MICHLOVIC, STAIRS,
D. W. SNYDER, SAURMAN, BLACK, ROBBINS, GEIST, FARGO AND VAN
HORNE, SEPTEMBER 18, 1985
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE,
AS AMENDED, NOVEMBER 19, 1986
AN ACT
1 Amending the act of May 31, 1945 (P.L.1198, No.418), entitled,
2 as amended, "An act providing for the conservation and
3 improvement of land affected in connection with surface
4 mining; regulating such mining; and providing penalties,"
5 further providing for the Surface Mining Conservation and <--
6 Reclamation Fund; and providing procedures for the
7 expenditure of moneys in coal-producing counties. RECLAMATION <--
8 PLANS.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 18 of the act of May 31, 1945 (P.L.1198, <--
12 No.418), known as the Surface Mining Conservation and
13 Reclamation Act, is amended by adding a subsection to read:
14 Section 18. Surface Mining Conservation and Reclamation
15 Fund; Payments to Clean Water Fund.--* * *
16 (j) Moneys from this fund shall not be used for
17 administrative costs associated with implementation of this act.
1 Such administrative costs include, but shall not be limited to,
2 salaries, wages and other compensation, travel expenses,
3 contractual services and other necessary expenses, including
4 purchase, lease or rental of vehicles, equipment, office space,
5 laboratory supplies or other supplies and materials: Provided,
6 however, That this subsection shall not be construed to prohibit
7 contracts entered into by the department for the purposes of
8 reclaiming lands or restoring water supplies pursuant to this
9 section.
10 Section 2. The act is amended by adding sections to read:
11 Section 18.9. Implementation of Permanent Regulatory
12 Scheme.--Upon implementation of a permanent regulatory scheme in
13 this Commonwealth in accordance with the Surface Mining Control
14 and Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C. § 1201,
15 et seq.), all moneys received by the Commonwealth from the
16 Abandoned Mine Reclamation Fund representing the State's share
17 shall be expended to effectuate mine reclamation within each
18 coal-producing county, at the same ratio at which fees were
19 collected from that county. Moneys expended shall be in shares
20 directly proportionate to the moneys contributed on a per-county
21 basis.
22 Section 18.10. Completion of Abandoned Mine Reclamation.--
23 Upon completion of all abandoned mine reclamation in a coal-
24 producing county, that county's share of the moneys may be
25 expended in other coal-producing counties at the discretion of
26 the Secretary of Environmental Resources.
27 Section 3. This act shall take effect July 1, 1987.
28 SECTION 1. SECTION 4(A)(2)F OF THE ACT OF MAY 31, 1945 <--
29 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
30 RECLAMATION ACT, AMENDED OCTOBER 12, 1984 (P.L.916, NO.181), IS
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1 AMENDED TO READ:
2 SECTION 4. MINING PERMIT; RECLAMATION PLAN; BOND.--(A)
3 BEFORE ANY PERSON SHALL HEREAFTER PROCEED TO MINE MINERALS BY
4 THE SURFACE MINING METHOD, HE SHALL APPLY TO THE DEPARTMENT, ON
5 A FORM PREPARED AND FURNISHED BY THE DEPARTMENT, FOR A PERMIT
6 FOR EACH SEPARATE OPERATION. THE DEPARTMENT IS AUTHORIZED TO
7 CHARGE AND COLLECT FROM PERSONS A REASONABLE FILING FEE. SUCH
8 FEE SHALL NOT EXCEED THE COST OF REVIEWING, ADMINISTERING AND
9 ENFORCING SUCH PERMIT. AS A PART OF EACH APPLICATION FOR A
10 PERMIT, THE OPERATOR SHALL, UNLESS MODIFIED OR WAIVED BY THE
11 DEPARTMENT FOR CAUSE, FURNISH THE FOLLOWING:
12 * * *
13 (2) RECLAMATION PLAN. A COMPLETE AND DETAILED PLAN FOR THE
14 RECLAMATION OF THE LAND AFFECTED. EXCEPT AS OTHERWISE HEREIN
15 PROVIDED, OR UNLESS A VARIANCE FOR CAUSE IS SPECIALLY ALLOWED BY
16 THE DEPARTMENT AS HEREIN PROVIDED, EACH SUCH PLAN SHALL INCLUDE
17 THE FOLLOWING:
18 * * *
19 F. EXCEPT FOR PERMIT APPLICATIONS BASED UPON LEASES IN
20 EXISTENCE ON JANUARY 1, 1964 FOR BITUMINOUS COAL SURFACE MINES,
21 OR LEASES IN EXISTENCE ON JANUARY 1, 1972 FOR ANTHRACITE COAL
22 SURFACE MINING OPERATIONS AND ALL NONCOAL SURFACE MINING
23 OPERATIONS, [OR LEASES IN EXISTENCE ON OCTOBER 20, 1980 FOR COAL
24 REFUSE DISPOSAL AREAS AND SURFACE EFFECTS OF UNDERGROUND MINES,]
25 THE APPLICATION FOR A PERMIT SHALL INCLUDE, UPON A FORM PREPARED
26 AND FURNISHED BY THE DEPARTMENT, THE WRITTEN CONSENT OF THE
27 LANDOWNER TO ENTRY UPON ANY LAND TO BE AFFECTED BY THE OPERATION
28 BY THE OPERATOR AND BY THE COMMONWEALTH AND ANY OF ITS
29 AUTHORIZED AGENTS PRIOR TO THE INITIATION OF SURFACE MINING
30 OPERATIONS, DURING SURFACE MINING OPERATIONS AND FOR A PERIOD OF
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1 FIVE YEARS AFTER THE OPERATION IS COMPLETED OR ABANDONED FOR THE
2 PURPOSE OF RECLAMATION, PLANTING, AND INSPECTION OR FOR THE
3 CONSTRUCTION OF ANY POLLUTION ABATEMENT FACILITIES AS MAY BE
4 DEEMED NECESSARY BY THE DEPARTMENT FOR THE PURPOSES OF THIS ACT.
5 IN THE CASE OF LEASES IN EXISTENCE IN JANUARY 1, 1964, FOR
6 BITUMINOUS COAL SURFACE MINES, OR LEASES IN EXISTENCE ON JANUARY
7 1, 1972 FOR ANTHRACITE COAL SURFACE MINING OPERATIONS AND ALL
8 NONCOAL SURFACE MINING OPERATIONS, [OR LEASES IN EXISTENCE ON
9 OCTOBER 20, 1980 FOR COAL REFUSE DISPOSAL AREAS AND SURFACE
10 EFFECTS OF UNDERGROUND MINES,] THE APPLICATION FOR PERMIT SHALL
11 INCLUDE UPON A FORM PRESCRIBED AND FURNISHED BY THE DEPARTMENT,
12 A NOTICE OF THE EXISTENCE OF SUCH LEASE AND A DESCRIPTION OF THE
13 CHAIN OF TITLE:
14 (I) SUCH FORMS SHALL BE DEEMED TO BE RECORDABLE DOCUMENTS,
15 AND PRIOR TO THE INITIATION OF SURFACE MINING OPERATIONS UNDER
16 THE PERMIT, SUCH FORMS SHALL BE RECORDED BY THE APPLICANT AT THE
17 OFFICE OF THE RECORDER OF DEEDS IN THE COUNTY OR COUNTIES IN
18 WHICH THE AREA TO BE AFFECTED UNDER THE PERMIT IS SITUATE.
19 (II) THE [FORM PREPARED AND FURNISHED BY THE DEPARTMENT FOR
20 THE WRITTEN CONSENT OF THE LANDOWNER TO ENTRY UPON LAND TO BE
21 AFFECTED BY THE OPERATION OR AS A NOTICE OF THE EXISTENCE OF
22 LEASES ON JANUARY 1, 1964 FOR BITUMINOUS COAL SURFACE MINES,
23 LEASES EXISTING ON JANUARY 1, 1972 FOR ANTHRACITE COAL SURFACE
24 MINING OPERATIONS AND ALL NONCOAL SURFACE MINING LEASES IN
25 EXISTENCE ON OCTOBER 20, 1980 FOR COAL REFUSE DISPOSAL AREAS AND
26 SURFACE EFFECTS OF UNDERGROUND MINES,] FORMS SHALL REQUIRE THE
27 INFORMATION AND EXECUTION NECESSARY TO PROVIDE ENTRY UPON LAND
28 TO BE AFFECTED BY THE OPERATION WITHOUT CONSTRAINTS PERTAINING
29 TO THE ASSIGNABILITY, TRANSFERABILITY OR DURATION OF THE CONSENT
30 EXCEPT AS PROVIDED FOR IN THIS ACT. FURTHERMORE, THIS FORM SHALL
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1 NOT BE CONSTRUED TO ALTER OR CONSTRAIN THE CONTRACTUAL
2 AGREEMENTS AND RIGHTS OF THE PARTIES THERETO[.]: PROVIDED,
3 HOWEVER, THAT IN THE CASE OF PERMIT APPLICATIONS FOR COAL REFUSE
4 DISPOSAL AREAS, COAL PREPARATION FACILITIES WHICH ARE NOT
5 SITUATED ON A SURFACE MINING PERMIT AREA, AND THE SURFACE
6 ACTIVITIES OF UNDERGROUND MINES, THE APPLICANT SHALL SUBMIT A
7 DESCRIPTION OF THE DOCUMENTS UPON WHICH THE APPLICANT BASES THE
8 RIGHT TO ENTER UPON THE SURFACE LAND AND CONDUCT MINING
9 ACTIVITIES. DURING THE MINING ACTIVITIES AND FOR A PERIOD OF
10 FIVE (5) YEARS AFTER COMPLETION OR ABANDONMENT OF THE MINING AND
11 RECLAMATION ACTIVITIES, THE DEPARTMENT SHALL HAVE ACCESS TO
12 PERMITTED SURFACE FACILITIES AND LANDS FOR THE PURPOSE OF
13 RECLAMATION, PLANTING AND INSPECTION OR FOR THE CONSTRUCTION OF
14 POLLUTION-ABATEMENT FACILITIES DEEMED NECESSARY BY THE
15 DEPARTMENT FOR THE PURPOSES OF THIS ACT. IF A LANDOWNER FAILS OR
16 REFUSES TO COMPLY WITH AN ORDER ISSUED UNDER THIS SECTION, THE
17 LANDOWNER SHALL BE LIABLE FOR REASONABLE LEGAL EXPENSES INCURRED
18 BY THE DEPARTMENT IN ENFORCING THE ORDER. FOR PURPOSES OF THIS
19 SECTION, "LANDOWNER" INCLUDES A PERSON HOLDING TITLE TO OR
20 HAVING A PROPRIETARY INTEREST IN EITHER SURFACE OR SUBSURFACE
21 RIGHTS. COMPLIANCE WITH THIS SECTION SHALL SATISFY THE
22 REQUIREMENTS OF SUBSECTION (G) OF SECTION 315 OF THE ACT OF JUNE
23 22, 1937 (P.L.1987, NO.394), KNOWN AS "THE CLEAN STREAMS LAW,"
24 AND SUBSECTION (M) OF SECTION 5 OF THE ACT OF SEPTEMBER 24, 1968
25 (P.L.1040, NO.318), KNOWN AS THE "COAL REFUSE DISPOSAL CONTROL
26 ACT."
27 SECTION 2. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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