SENATE AMENDED
PRIOR PRINTER'S NOS. 488, 741 PRINTER'S NO. 1558
No. 449 Session of 1977
INTRODUCED BY MESSRS. 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, ENGLEHART AND PETRARCA, MARCH 2, 1977
SENATOR MELLOW, ENVIRONMENTAL RESOURCES, IN SENTATE, AS AMENDED,
JUNE 14, 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 ADDING A DEFINITION OF "CASH," providing for the protection <--
6 of water supplies, and granting certain appeal rights AND <--
7 PROVIDING FOR THE RECOVERY OF CERTAIN COSTS.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 SECTION 1. SECTION 3, ACT OF MAY 31, 1945 (P.L.1198, <--
11 NO.418), KNOWN AS THE "SURFACE MINING CONSERVATION AND
12 RECLAMATION ACT," IS AMENDED BY ADDING A DEFINITION TO READ:
13 SECTION 3. DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES,
14 UNLESS A DIFFERENT MEANING IS PLAINLY REQUIRED BY THE CONTEXT,
15 SHALL HAVE THE FOLLOWING MEANINGS:
16 * * *
17 "CASH" SHALL MEAN, WHEN USED IN REGARD TO BOND REQUIREMENTS,
18 AND/OR CERTIFICATES OF DEPOSIT.
1 Section 1 2. Section 4.2 of the act of May 31, 1945 <--
2 (P.L.1198, No.418), known as the "Surface Mining Conservation
3 and Reclamation Act,: is amended by adding subsections to read:
4 Section 4.2. Health and Safety.--* * *
5 (f) Whenever the secretary determines that a surface mining <--
6 operator has affected a public or private water supply by
7 contamination or diminution, the operator shall restore or
8 replace the affected water supply with an alternate source of
9 water. Any operator who refuses to restore or replace the water
10 source will be ordered to do so by the secretary.
11 (F) ANY SURFACE MINING OPERATOR WHO AFFECTS A PUBLIC OR <--
12 PRIVATE WATER SUPPLY BY CONTAMINATION OR DIMINUTION SHALL
13 RESTORE OR REPLACE THE AFFECTED SUPPLY WITH AN ALTERNATE SOURCE
14 OF WATER ADEQUATE IN QUANTITY AND QUALITY FOR THE PURPOSES
15 SERVED BY THE SUPPLY. IF ANY OPERATOR SHALL FAIL TO COMPLY WITH
16 THIS PROVISION, THE SECRETARY MAY ISSUE SUCH ORDERS TO THE
17 OPERATOR AS ARE NECESSARY TO ASSURE COMPLIANCE.
18 (g) Any operator aggrieved by the secretary's order issued
19 pursuant to subsection (f) shall have the right within thirty
20 (30) days of receipt of such order to appeal to the
21 Environmental Hearing Board. Hearings under this subsection and
22 any subsequent appeal shall be in accordance with section
23 1921(a), act of April 9, 1929 (P.L.177, No.175), known as the
24 "Administrative Code of 1929," and the act of June 4, 1945
25 (P.L.1388, No.442), known as the "Administrative Agency Law."
26 (h) Should the secretary find that the operator is not <--
27 complying with his order with sufficient expediency or if the
28 order of the secretary is appealed, the secretary may, in his
29 discretion, restore or replace the affected water supply with an
30 alternate source of water utilizing moneys from the Surface
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1 Mining Conservation and Reclamation Fund. The operator shall
2 reimburse the fund for costs incurred to restore or replace the
3 affected water supply with an alternate source of water,
4 including, but not limited to, costs incurred for the design and
5 construction of facilities unless the operator's appeal is
6 successful. Should the operator fail to reimburse the fund in
7 accordance with the order of the secretary or any order of the
8 Court of the Commonwealth, or should such order of the secretary
9 be set aside on appeal, the department shall have no recourse
10 against the owner of the water supply for reimbursement.
11 (H) IF THE SECRETARY FINDS (I) THAT IMMEDIATE REPLACEMENT OF <--
12 AN AFFECTED WATER SUPPLY USED FOR POTABLE OR DOMESTIC NEEDS IS
13 REQUIRED TO PROTECT HEALTH AND SAFETY, AND (II) THAT THE
14 OPERATOR HAS APPEALED OR FAILED TO COMPLY WITH AN ORDER ISSUED
15 PURSUANT TO PARAGRAPH (F), THE SECRETARY MAY, IN HIS DISCRETION,
16 RESTORE OR REPLACE THE AFFECTED WATER SUPPLY WITH AN ALTERNATE
17 SOURCE OF WATER UTILIZING MONEYS FROM THE SURFACE MINING
18 CONSERVATION AND RECLAMATION FUND. THE SECRETARY SHALL RECOVER
19 THE COSTS OF RESTORATION OR REPLACEMENT, INCLUDING COSTS
20 INCURRED FOR DESIGN AND CONSTRUCTION OF FACILITIES, FROM THE
21 RESPONSIBLE OPERATOR OR OPERATORS. ANY SUCH COSTS RECOVERED
22 SHALL BE DEPOSITED IN THE FUND.
23 Section 2 3. This act shall take effect immediately. <--
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