PRINTER'S NO. 488
No. 449 Session of 1977
INTRODUCED BY C. GEORGE, B. F. O'BRIEN, LAUDADIO, F. TAYLOR,
DeWEESE, GOODMAN, GATSKI, LEVI, RENWICK, FISHER, LEHR,
BURNS, J. L. WRIGHT, SWEET, ITKIN, STAIRS, YAHNER,
D. R. WRIGHT AND ENGLEHART, MARCH 2, 1977
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
MARCH 2, 1977
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 regulating the issuance of permits to operate surface
6 mines and providing for the protection of water supplies.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 4.2 of the act of May 31, 1945 (P.L.1198,
10 No.418), known as the "Surface Mining Conservation and
11 Reclamation Act," is amended by adding a subsection to read:
12 Section 4.2. Health and Safety.--* * *
13 (f) Whenever the secretary determines that the corporation,
14 partnership, association, or individual operating the surface
15 mine has caused a loss of adequate water supply or has affected
16 the quality of water, the corporation, partnership, association
17 or individual shall restore or replace the affected water supply
18 with an alternate source of water, or the secretary, under the
1 bond, shall restore an adequate water supply or provide an
2 alternate source of water.
3 Section 2. The act is amended by adding a section to read:
4 Section 4.5. Objections by Municipality.--The department
5 shall not issue or renew any surface mining permit if the proper
6 elected officials of a municipality or water authority whose
7 water supply could be materially affected by such surface mining
8 operation file written objections thereto, until the following
9 conditions are met:
10 (1) The department shall determine the cost of restoring the
11 water supply, or the cost of providing an alternate source of
12 water of similar quality and quantity.
13 (2) Upon determination of the cost, the department shall
14 require the corporation, partnership, association, or individual
15 applying for the permit to undertake the surface mining
16 operation to furnish a bond in the equivalent amount which bond
17 shall remain in force for a period of one year after the permit
18 expires.
19 Section 3. This act shall take effect immediately.
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