SENATE AMENDED
PRIOR PRINTER'S NO. 2842 PRINTER'S NO. 3357
No. 2178 Session of 1976
INTRODUCED BY MESSRS. LAUDADIO, LAUGHLIN, MANDERINO, LINCOLN,
IRVIS AND FINEMAN, FEBRUARY 25, 1976
SENATOR MELLOW, ENVIRONMENTAL RESOURCES, IN SENATE, AS AMENDED,
JUNE 2, 1976
AN ACT
1 Amending the act of January 19, 1968 (1967 P.L.990, No.443),
2 entitled "An act authorizing the creation of indebtedness of
3 five hundred million dollars for the conservation and
4 reclamation of land and water resources; defining the powers
5 and duties of certain offices, agencies and political
6 subdivisions; providing for the allotment of proceeds
7 hereunder including Commonwealth grants; prescribing
8 standards and making appropriations," redesignating funds for
9 stream pollution from mine damage to prevention of surface
10 subsidence and extinguishment of mine fires.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Clause THE FIRST PARAGRAPH OF CLAUSE (1) of <--
14 subsection (a) of section 16, act of January 19, 1968 (1967
15 P.L.996, No.443), known as "The Land and Water Conservation and
16 Reclamation Act," amended July 12, 1972 (P.L.857, No.193), is
17 amended to read:
18 Section 16. Allotment of Moneys.--(a) The moneys received by
19 the Commonwealth from the issuance and sale of bonds and notes
20 pursuant to this act when appropriated by the General Assembly
21 from the development fund shall be allotted for the following
1 specific purposes:
2 (1) To the Department of Environmental Resources the sum of
3 two hundred million dollars ($200,000,000) for the elimination
4 of land and water scars created by past [coal] mining practices, <--
5 [one hundred fifty million dollars ($150,000,000)] one hundred
6 forty million dollars ($140,000,000) of which shall be used for
7 the prevention, control and elimination of stream pollution from
8 mine drainage and may include the restoration of abandoned strip
9 mine areas twenty million dollars ($20,000,000) of which shall
10 be used for the prevention, control and elimination of air
11 pollution from abandoned burning coal refuse banks provided such
12 land and bank material is publicly owned, and [thirty million
13 dollars ($30,000,000)] forty million dollars ($40,000,000) of
14 which shall be used for the prevention of surface subsidence
15 above abandoned mine operations, for the control and
16 extinguishment of surface and underground fires from abandoned
17 mines and for administration expenses attendant thereto.
18 Pending the acquisition by the Commonwealth, a county or a <--
19 municipality, when necessary, of any land or other property
20 interest required to combat stream pollution, air pollution,
21 subsidence or mine fires, whenever the Secretary of
22 Environmental Resources makes a finding of fact that: (i) a mine
23 fire, refuse bank fire, stream pollution resulting from an
24 abandoned strip mine area, or subsidence resulting from mining
25 is at a stage where in the public interest immediate action
26 should be taken; and (ii) in the cases of mine fires, refuse
27 bank fires or subsidence, an emergency exists and no other
28 person or agency will act to combat the condition; and (iii) the
29 owners of the property upon which entry must be made to combat
30 the mine fire, refuse bank fire, stream pollution resulting from
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1 an abandoned strip mine area, or subsidence resulting from
2 mining are not known, are not readily available or will not give
3 permission for the Secretary of Environmental Resources,
4 political subdivisions of the Commonwealth or municipalities,
5 their agents, employes or contractors to enter upon such
6 premises, or the delay entailed in reaching said owners and in
7 securing from them the right to enter upon the premises in the
8 case of mine fires, refuse bank fires and subsidence constitutes
9 a clear and immediate danger to the life or property of others.
10 Then, upon giving notice to the owners if known or by posting
11 notice upon the premises and advertising once in a newspaper of
12 general circulation in the municipality in which the land lies,
13 and filing with the prothonotary of the court of common pleas of
14 the county in which said premises lie of such intention of entry
15 or taking, in conformity with the provisions of the "Eminent
16 Domain Code," the Secretary of Environmental Resources,
17 political subdivisions of the Commonwealth or municipalities,
18 their agents, employes or contractors, shall have the right to
19 enter upon the premises to combat the mine fire, refuse bank
20 fire, stream pollution resulting from an abandoned strip mine
21 area, or subsidence resulting from mining and to do all
22 necessary or expedient to do so. The moneys expended for such
23 work and the benefits accruing to any such premises so entered
24 upon shall immediately become a charge against such land and
25 shall mitigate or offset any claim in or any action brought by
26 any owner of any interest in such premises for any alleged
27 damages by virtue of such entry. Within six months after the
28 completion of any of the work herein contemplated on any
29 property, the Secretary of Environmental Resources shall itemize
30 the moneys so expended and shall file a statement thereof in the
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1 office of the prothonotary of the county in which the land lies.
2 Such statement shall constitute a lien upon the said land as of
3 the date of the expenditure of the moneys and shall have
4 priority as a lien second only to the lien of real estate taxes
5 imposed upon said land. The lien shall not exceed an amount
6 determined by a board of viewers, appointed as provided in the
7 "Eminent Domain Code," to be the market value of the land
8 immediately after the Department of Environmental Resources has
9 completed its work, and the lien shall extend only to that
10 portion of the premises directly involved in the work of the
11 Department of Environmental Resources under this act.
12 (I) The Department of Environmental Resources shall have the
13 power and authority, if not granted it otherwise, to engage in
14 the work aforesaid and to do all things necessary and expedient
15 to effect such programs.
16 (II) The Department of Environmental Resources shall have
17 the power and authority to construct and operate a plant or
18 plants for the control and treatment of water pollution
19 resulting from mine drainage. The extent of this control and
20 treatment may be dependent upon the ultimate use of the water:
21 Provided, That the above provisions of this paragraph shall not
22 be deemed in any way to repeal or supersede any portion of the
23 act of June 22, 1937 (P.L.1987, No.394), as amended, known as
24 "The Clean Streams Law," and no control or treatment hereunder
25 shall be in any way less than that required under the act of
26 June 22, 1937 (P.L.1987, No.394), as amended, known as "The
27 Clean Streams Law." The construction of a plant or plants may
28 include major interceptors and other facilities appurtenant to
29 the plant. In the operation of such plant or plants the
30 Department of Environmental Resources shall have the power to
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1 permit coal mine operators or owners to discharge their mine
2 drainage to such plant or plants and the Secretary of
3 Environmental Resources shall have the authority to charge coal
4 mine operators or owners for the treatment of such mine
5 drainage. The charge to the coal mine operators or owners for
6 the treatment of such mine drainage shall be based upon their
7 proportional share of the capital and operating cost and the
8 quantity and quality of the pollutant. Further, the Secretary of
9 Environmental Resources shall have the authority to sell any by-
10 product or products resulting from the operation of such plants.
11 Any such moneys so received shall be placed in the General Fund
12 and are hereby appropriated to the Department of Environmental
13 Resources.
14 (III) The Secretary of Environmental Resources shall have
15 the power and authority to establish rules and regulations and
16 establish rates to implement the foregoing paragraph. Such rules
17 and regulations may provide for the escrowing of payments made
18 prior to the construction or operation of the plant or plants.
19 * * *
20 Section 2. This act shall take effect immediately.
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