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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 926, 2399               PRINTER'S NO.  2488

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 868 Session of 1999


        INTRODUCED BY S. H. SMITH, TANGRETTI, HERSHEY, ARGALL, CAWLEY,
           GEIST, GEORGE, HALUSKA, HENNESSEY, HERMAN, LAUGHLIN, LEH,
           MICOZZIE, ROSS, SAYLOR, SERAFINI, STABACK, STERN, SURRA,
           TIGUE, TRELLO, YOUNGBLOOD, LEVDANSKY, STEELMAN, RAMOS, MAHER,
           COLAFELLA, LESCOVITZ, FARGO AND DeWEESE, MARCH 10, 1999

        SENATOR WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS
           AMENDED, OCTOBER 19, 1999

                                     AN ACT

     1  Providing immunity for certain persons who reclaim certain
     2     abandoned lands or abate certain water pollution.

     3                         TABLE OF CONTENTS                          <--
     4  SECTION 1.  SHORT TITLE.
     5  SECTION 2.  FINDINGS.
     6  SECTION 3.  PURPOSE.
     7  SECTION 4.  DEFINITIONS.
     8  SECTION 5.  ELIGIBILITY AND PROJECT INVENTORY.
     9  SECTION 6.  LANDOWNER LIABILITY LIMITATION AND EXCEPTIONS.
    10  SECTION 7.  PROJECT LIABILITY LIMITATION AND EXCEPTIONS.
    11  SECTION 8.  PERMITS AND ZONING.
    12  SECTION 9.  RELATIONSHIP TO FEDERAL AND STATE PROGRAMS.
    13  SECTION 10.  GENERAL PERMITS.
    14  SECTION 11.  EXCEPTIONS.
    15  SECTION 12.  WATER SUPPLY REPLACEMENT.


     1  SECTION 13.  ORPHAN OIL AND GAS WELLS.
     2  SECTION 14.  REGULATIONS.
     3  SECTION 15.  REPEAL.
     4  SECTION 16.  EFFECTIVE DATE.
     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Environmental
     9  Good Samaritan Act.
    10  Section 2.  Findings.
    11     The General Assembly finds and declares as follows:
    12         (1)  This Commonwealth's long history of mining and the
    13     extraction of oil and gas has left some lands and waters
    14     unreclaimed and polluted.
    15         (2)  These abandoned lands and polluted waters are
    16     unproductive, erode the tax base and are serious impediments
    17     to the economic welfare and growth of this Commonwealth.
    18         (3)  The unreclaimed lands and polluted waters present a
    19     danger to the health, safety and welfare of the people and
    20     the environment.
    21         (4)  This Commonwealth does not possess sufficient
    22     resources to reclaim all the abandoned lands and to abate the
    23     water pollution.
    24         (5)  Numerous landowners, citizens, watershed
    25     associations, environmental organizations and governmental
    26     entities who do not have a legal responsibility to reclaim
    27     the abandoned lands or to abate the water pollution are
    28     interested in addressing these problems but are reluctant to
    29     engage in such reclamation and abatement activities because
    30     of potential liabilities associated with the reclamation and
    19990H0868B2488                  - 2 -

     1     abatement activities.
     2         (6)  It is in the best interest of the health, safety and
     3     welfare of the people of this Commonwealth and the
     4     environment to encourage reclamation of the abandoned lands
     5     and abatement of water pollution.
     6  Section 3.  Purpose.
     7     This act is intended to encourage the improvement of land and
     8  water adversely affected by mining and oil and gas extraction,
     9  to aid in the protection of wildlife, to decrease soil erosion,
    10  to aid in the prevention and abatement of the pollution of
    11  rivers and streams, to protect and improve the environmental
    12  values of this Commonwealth and to eliminate or abate hazards to
    13  health and safety. It is the intent of the General Assembly to
    14  encourage voluntary reclamation of lands adversely affected by
    15  mining or oil or gas extraction. The purpose of this act is to
    16  improve water quality and to control and eliminate water
    17  pollution resulting from mining or oil or gas extraction or
    18  exploration by limiting the liability which could arise as a
    19  result of the voluntary reclamation of abandoned lands or the
    20  reduction and abatement of water pollution. This act is not
    21  intended to limit the liability of a person who under existing
    22  law is or may become responsible to reclaim the land or address
    23  the water pollution or anyone who by contract, order or
    24  otherwise is required to or agrees to perform the reclamation or
    25  abate the water pollution.
    26  Section 4.  Definitions.
    27     The following words and phrases when used in this act shall
    28  have the meanings given to them in this section unless the
    29  context clearly indicates otherwise:
    30     "Approved project."  A reclamation project or water pollution  <--
    19990H0868B2488                  - 3 -

     1  abatement project approved by the Department of Environmental
     2  Protection prior to completion.
     3     "ABANDONED LANDS."  LAND ADVERSELY AFFECTED BY MINERAL OR OIL  <--
     4  OR GAS EXTRACTION AND LEFT OR ABANDONED IN AN UNRECLAIMED OR
     5  INADEQUATELY RECLAIMED CONDITION.
     6     "Consideration."  Something of value promised, given or
     7  performed in exchange for something which has the effect of
     8  making a legally enforceable contract. For the purpose of this
     9  act, the term does not include a promise to a landowner to
    10  repair damage caused by a reclamation project or water pollution
    11  abatement project when the promise is made in exchange for
    12  access to the land.
    13     "Department."  The Department of Environmental Protection of
    14  the Commonwealth.
    15     "Eligible land and water."  Land and water adversely affected
    16  by mining or oil or gas extraction and left or abandoned in an
    17  unreclaimed or inadequately reclaimed condition or left
    18  discharging water pollution and for which no person has a
    19  continuing reclamation or water pollution abatement obligation.
    20  The term shall also include land and water adversely affected by
    21  mining or oil or gas extraction and left in an unreclaimed or
    22  inadequately reclaimed condition or left discharging water
    23  pollution for which the Department of Environmental Protection
    24  has forfeited and collected the operators bonds and there is no
    25  outstanding litigation concerning the bond forfeiture.
    26     "Landowner."  A person who holds either legal or equitable
    27  interest in real property.
    28     "Mineral."  Any aggregate or mass of mineral matter, whether
    29  or not coherent, which is extracted by mining, including, but
    30  not limited to, limestone, dolomite, sand, gravel, slate,
    19990H0868B2488                  - 4 -

     1  argillite, diabase, gneiss, micaceous sandstone known as
     2  bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore,
     3  vermiculite, clay and anthracite and bituminous coal.
     4     "PERMITTED MINING ACTIVITY SITE."  A SITE PERMITTED BY THE     <--
     5  DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO ONE OR MORE
     6  OF THE FOLLOWING ACTS:
     7         (1)  THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN
     8     AS THE CLEAN STREAMS LAW;
     9         (2)  THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS
    10     THE SURFACE MINING CONSERVATION AND RECLAMATION ACT;
    11         (3)  THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31,
    12     NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND
    13     CONSERVATION ACT;
    14         (4)  THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318),
    15     KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT; OR
    16         (5)  THE ACT OF DECEMBER 19, 1984 (P.L.1093, NO.219),
    17     KNOWN AS THE NONCOAL SURFACE MINING CONSERVATION AND
    18     RECLAMATION ACT.
    19     "Person."  A natural person, partnership, association,
    20  association members, corporation, political subdivision of the
    21  Commonwealth, an agency, instrumentality or entity of Federal or
    22  State Government or other legal entity recognized by law as the
    23  subject of rights and liabilities.
    24     "Project work area."  That land necessary for a person to
    25  complete a reclamation project or a water pollution abatement
    26  project.
    27     "Reclamation project."  The restoration of eligible lands and
    28  water to productive use by regrading and revegetating the land
    29  to stable contours that blend in and complement the drainage
    30  pattern of the surrounding terrain with no highwalls, spoil
    19990H0868B2488                  - 5 -

     1  piles or depressions to accumulate water and by plugging
     2  abandoned oil or gas wells and removing production of OR storage  <--
     3  facilities, supplies and equipment from areas disturbed in
     4  siting, drilling, completing and producing such wells.
     5     "WATER POLLUTION."  POLLUTION OF THE WATERS OF THIS            <--
     6  COMMONWEALTH AS DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937
     7  (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, WHICH WAS
     8  CAUSED BY MINING ACTIVITIES OR OIL OR GAS EXTRACTION OR
     9  EXPLORATION FOR THESE RESOURCES.
    10     "Water pollution abatement facilities."  The methods for
    11  treatment or abatement of water pollution located on eligible
    12  lands and water. These methods include, but are not limited to,
    13  a structure, system, practice, technique or method constructed,
    14  installed or followed to reduce, treat or abate such water
    15  pollution.
    16     "Water pollution abatement project."  A plan for treatment or
    17  abatement of water pollution located on eligible lands and
    18  water. These plans include, but are not limited to, the
    19  practices to be followed and the installation, operation and
    20  maintenance of facilities to reduce, treat or abate such water
    21  pollution.
    22  Section 5.  Consultation with department.                         <--
    23     (a)  General rule.--Landowners and persons planning a
    24  reclamation project or a water pollution abatement project may
    25  notify the department of their proposed project. If notified,
    26  the department shall review its files and advise whether any
    27  person is legally responsible for the unreclaimed land or the
    28  water pollution and whether the proposed project would be
    29  located on eligible lands and water.
    30     (b)  Inventory of projects.--The department shall develop and
    19990H0868B2488                  - 6 -

     1  maintain a system to inventory and record each water pollution
     2  abatement project and each reclamation project which is
     3  submitted in writing, reviewed and approved by the department
     4  before each project is completed. The approved project inventory
     5  shall identify the land containing the project work area and
     6  each landowner and each person who, through participation in the
     7  reclamation project or water pollution abatement project, is
     8  entitled to the protections and immunities provided by this act.
     9     (c)  Nature of department approval and identification.--For
    10  the purposes of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice
    11  and procedure of Commonwealth agencies), the act of July 13,
    12  1988 (P.L.530, No.94), known as the Environmental Hearing Board
    13  Act, and the Environmental Hearing Board's regulation at 25 Pa.
    14  Code Ch. 1021 (relating to practice and procedures), the
    15  following shall not be an adjudication or an action:
    16         (1)  The department's approval or disapproval of a
    17     reclamation project or a water pollution abatement project.
    18         (2)  The department's identification or failure to
    19     identify in the approved project inventory land containing
    20     the project work area or a landowner or a person who
    21     participated in a reclamation project or in a water pollution
    22     abatement project.
    23     (d)  Presumptions.--
    24         (1)  Every landowner and person identified in the
    25     approved project inventory shall be presumed to be covered by
    26     the protections and immunities provided by this act. This
    27     presumption may be rebutted by clear and convincing evidence
    28     that the landowner or person did not participate in an
    29     approved reclamation project or water pollution abatement
    30     project.
    19990H0868B2488                  - 7 -

     1         (2)  A landowner or a person who participates in a
     2     reclamation project or a water pollution abatement project
     3     which is not an approved project is eligible for the
     4     protections and immunities provided by this act but shall not
     5     be entitled to the presumption provided by paragraph (1).
     6  SECTION 5.  ELIGIBILITY AND PROJECT INVENTORY.                    <--
     7     (A)  GENERAL RULE.--A LANDOWNER OR PERSON WHO VOLUNTARILY
     8  PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO CHARGE OR AT
     9  COST FOR A RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT
    10  PROJECT IN ACCORDANCE WITH THIS ACT MAY BE IMMUNE FROM CIVIL
    11  LIABILITY, AND MAY RAISE THE PROTECTIONS AFFORDED BY THIS ACT IN
    12  ANY SUBSEQUENT LEGAL PROCEEDING WHICH IS BROUGHT TO ENFORCE
    13  ENVIRONMENTAL LAWS OR OTHERWISE IMPOSE LIABILITY. A LANDOWNER OR
    14  OTHER PERSON IS ONLY ELIGIBLE FOR THE PROTECTIONS AND IMMUNITIES
    15  PROVIDED BY SECTIONS 6 AND 7 IF A DETAILED WRITTEN PLAN OF THE
    16  PROPOSED RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT
    17  PROJECT IS SUBMITTED TO AND APPROVED BY THE DEPARTMENT. THE
    18  PROJECT PLAN SHALL INCLUDE THE OBJECTIVE OF THE PROJECT AND A
    19  DESCRIPTION OF THE WORK THAT WILL BE PERFORMED TO ACCOMPLISH THE
    20  OBJECTIVE AND MUST IDENTIFY THE PROJECT LOCATION, PROJECT
    21  BOUNDARIES, THE PROJECT PARTICIPANTS AND THE OWNERS OF THE LAND.
    22     (B)  NOTICE.--UPON RECEIPT OF EACH PROJECT PLAN THE
    23  DEPARTMENT SHALL EITHER GIVE WRITTEN NOTICE BY CERTIFIED MAIL TO
    24  ADJACENT PROPERTY OWNERS AND RIPARIAN LAND OWNERS LOCATED
    25  DOWNSTREAM OF THE PROPOSED PROJECT OR WILL PROVIDE PUBLIC NOTICE
    26  OF THE PROPOSED PROJECT IN A NEWSPAPER OF GENERAL CIRCULATION,
    27  PUBLISHED IN THE LOCALITY OF THE PROPOSED PROJECT, ONCE A WEEK
    28  FOR FOUR CONSECUTIVE WEEKS AND SHALL GIVE PUBLIC NOTICE IN THE
    29  PENNSYLVANIA BULLETIN. THE PERSON PROPOSING THE PROJECT MAY ALSO
    30  PROVIDE PUBLIC NOTICE. ANY PERSON HAVING AN INTEREST WHICH MAY
    19990H0868B2488                  - 8 -

     1  BE ADVERSELY AFFECTED BY THE PROPOSED PROJECT HAS THE RIGHT TO
     2  FILE WITH THE DEPARTMENT WRITTEN OBJECTION TO THE PROPOSED
     3  PROJECT WITHIN 30 DAYS AFTER RECEIPT OF THE WRITTEN NOTICE OR
     4  THE LAST PUBLICATION OF THE ABOVE NOTICE WHICH SHALL CONCLUDE
     5  THE PUBLIC COMMENT PERIOD. THE DEPARTMENT SHALL PROVIDE TO THE
     6  PERSON PROPOSING THE PROJECT A COPY OF EACH WRITTEN OBJECTION
     7  RECEIVED DURING THE PUBLIC COMMENT PERIOD.
     8     (C)  ADVICE.--THE DEPARTMENT MAY PROVIDE ADVICE TO THE
     9  LANDOWNER OR OTHER INTERESTED PERSON BASED UPON THE DEPARTMENT'S
    10  KNOWLEDGE AND EXPERIENCE IN PERFORMING RECLAMATION PROJECTS AND
    11  WATER POLLUTION ABATEMENT PROJECTS.
    12     (D)  DEPARTMENTAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH
    13  PROPOSED RECLAMATION PROJECT AND APPROVE THE PROJECT IF THE
    14  DEPARTMENT DETERMINES THE PROPOSED PROJECT:
    15         (1)  WILL RESULT IN THE REGRADING OF THE LAND TO STABLE
    16     CONTOURS THAT BLEND IN AND COMPLEMENT THE DRAINAGE PATTERN OF
    17     THE SURROUNDING TERRAIN WITH NO HIGHWALLS, SPOIL PILES OR
    18     DEPRESSIONS TO ACCUMULATE WATER;
    19         (2)  WILL RESULT IN THE APPROPRIATE REVEGETATION OF THE
    20     SITE; AND
    21         (3)  IS NOT LIKELY TO RESULT IN WATER POLLUTION AS
    22     DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 (P.L.1987,
    23     NO.394), KNOWN AS THE CLEAN STREAMS LAW.
    24  THE DEPARTMENT SHALL REVIEW EACH PROPOSED WATER POLLUTION
    25  ABATEMENT PROJECT AND APPROVE THE PROJECT IF THE DEPARTMENT
    26  DETERMINES THE PROPOSED PROJECT IS LIKELY TO IMPROVE THE WATER
    27  QUALITY AND IS NOT LIKELY TO MAKE THE WATER POLLUTION WORSE.
    28     (E)  ADDITIONAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH
    29  PROJECT PLAN IN ACCORDANCE WITH SECTION 11(B).
    30     (F)  PROJECT INVENTORY.--THE DEPARTMENT SHALL DEVELOP AND
    19990H0868B2488                  - 9 -

     1  MAINTAIN A SYSTEM TO INVENTORY AND RECORD EACH PROJECT, THE
     2  PROJECT LOCATION AND BOUNDARIES, EACH LANDOWNER AND EACH PERSON
     3  IDENTIFIED IN A PROJECT PLAN PROVIDED TO THE DEPARTMENT. THE
     4  INVENTORY SHALL INCLUDE THE RESULTS OF THE DEPARTMENT'S REVIEW
     5  OF THE PROPOSED PROJECT AND, WHERE APPLICABLE, INCLUDE THE
     6  DEPARTMENT'S FINDINGS UNDER SECTION 11(B).
     7     (G)  APPEAL.--A PERSON AGGRIEVED BY A DEPARTMENT DECISION TO
     8  APPROVE OR DISAPPROVE A RECLAMATION PROJECT OR A WATER POLLUTION
     9  ABATEMENT PROJECT HAS THE RIGHT TO FILE AN APPEAL WITH THE
    10  ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH THE ACT OF JULY
    11  13, 1988 (P.L.530, NO.94), KNOWN AS THE ENVIRONMENTAL HEARING
    12  BOARD ACT, AND IN ACCORDANCE WITH THE ENVIRONMENTAL HEARING
    13  BOARD'S RULES, 25 PA. CODE CH. 1021 (RELATING TO PRACTICE AND
    14  PROCEDURES).
    15  Section 6.  Landowner liability limitation and exceptions.
    16     (a)  General rule.--Except as specifically provided in
    17  subsections (b) and (c), a landowner who provides access to the
    18  land, without charge or other consideration, which results in
    19  the implementation of a reclamation project or a water pollution
    20  abatement project:
    21         (1)  Shall be immune from liability for any injury or
    22     damage suffered by the person implementing the reclamation
    23     project or the water pollution abatement project while the
    24     person is within the project work area.
    25         (2)  Shall be immune from liability for any injury to or
    26     damage suffered by a third party which arises out of or
    27     occurs as a result of an act or omission of a person
    28     implementing a reclamation project or water pollution
    29     abatement project which occurs during the implementation of
    30     the reclamation project or the water pollution abatement
    19990H0868B2488                 - 10 -

     1     project.
     2         (3)  Shall be immune from liability for any injury to or
     3     damage suffered by a third party which arises out of or
     4     occurs as a result of a reclamation project or a water
     5     pollution abatement project.
     6         (4)  Shall not be deemed to assume legal responsibility
     7     for or incur liability for any pollution resulting from a
     8     reclamation project or water pollution abatement project.
     9         (5)  Shall not be subject to a citizen suit filed
    10     pursuant to section 601 of the act of June 22, 1937
    11     (P.L.1987, No.394), known as The Clean Streams Law, for
    12     pollution resulting from a reclamation project or water
    13     pollution abatement project.
    14         (6)  Shall be immune from liability for the operation,
    15     maintenance or repair of the water pollution abatement
    16     facilities constructed or installed during the project unless
    17     the landowner negligently damages or destroys the water
    18     pollution abatement facilities or denies access to those
    19     persons who operate, maintain or repair the water pollution
    20     abatement facilities.
    21     (b)  Duty to warn.--A landowner shall warn a person
    22  implementing a reclamation project or water pollution abatement
    23  project of known, latent, dangerous conditions located on the
    24  project work area which known, latent, dangerous conditions are
    25  not the subject of the reclamation project or the water
    26  pollution abatement project. Nothing in this act shall limit in
    27  any way or affect a landowner's liability which results from the
    28  landowner's failure to warn of such known, latent, dangerous
    29  conditions.
    30     (c)  Exceptions to immunity.--Nothing is this act shall limit
    19990H0868B2488                 - 11 -

     1  in any way or affect a landowner's liability which results from
     2  a reclamation project or water pollution abatement project and
     3  which would otherwise exist:
     4         (1)  For injury or damage resulting from the landowner's
     5     acts or omissions which are reckless or constitute gross
     6     negligence or willful misconduct.
     7         (2)  Where the landowner charges an access fee or
     8     requires other consideration before allowing access to the
     9     land for the purpose of implementing a reclamation project or
    10     water pollution abatement project or to operate, maintain or
    11     repair water pollution abatement facilities constructed or
    12     installed during a water pollution abatement project.
    13         (3)  For the landowner's unlawful activities.
    14         (4)  FOR DAMAGE TO ADJACENT LANDOWNERS OR DOWNSTREAM       <--
    15     RIPARIAN LANDOWNERS WHICH RESULTS FROM A RECLAMATION PROJECT
    16     OR WATER POLLUTION ABATEMENT PROJECT WHERE WRITTEN NOTICE OR
    17     PUBLIC NOTICE OF THE PROPOSED PROJECT WAS NOT PROVIDED.
    18  Section 7.  Project liability limitation and exceptions.
    19     (a)  General rule.--Except as specifically provided in
    20  subsection (b), a person who implements or participates in        <--
    21  PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO COST OR AT COST   <--
    22  FOR a reclamation project or a water pollution abatement
    23  project:
    24         (1)  Shall be immune from liability for any injury to or
    25     damage suffered by a person which arises out of or occurs as
    26     a result of the water pollution abatement facilities
    27     constructed or installed during the water pollution abatement
    28     project.
    29         (2)  Shall be immune from liability for any pollution
    30     emanating from the water pollution abatement facilities
    19990H0868B2488                 - 12 -

     1     constructed or installed during the water pollution abatement
     2     project unless the person affects an area that is
     3     hydrologically connected to the water pollution abatement
     4     project work area and causes increased pollution by
     5     activities which are unrelated to the implementation of a
     6     water pollution abatement project.
     7         (3)  Shall not be deemed to assume responsibility for or
     8     incur liability for the operation, maintenance and repair of
     9     the water pollution abatement facilities constructed or
    10     installed during the water pollution abatement project.
    11         (4)  Shall not be subject to a citizen suit under section
    12     601 of the act of June 22, 1937 (P.L.1987, No.394), known as
    13     The Clean Streams Law, for pollution emanating from the water
    14     pollution abatement facilities constructed or installed
    15     during the water pollution abatement project.
    16     (b)  Exceptions.--
    17         (1) Nothing in this act shall limit in any way the
    18     liability of a person who implements or participates in a
    19     reclamation project or a water pollution abatement project
    20     which liability results from the reclamation project or the
    21     water pollution abatement project and which would otherwise
    22     exist:
    23             (i)  For injury or damage resulting from the person's
    24         acts or omissions which are reckless or constitute gross
    25         negligence or willful misconduct.
    26             (ii)  For the person's unlawful activities.
    27             (III)  FOR DAMAGES TO ADJACENT LANDOWNERS OR           <--
    28         DOWNSTREAM RIPARIAN LANDOWNERS WHICH RESULT FROM A
    29         RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT
    30         PROJECT WHERE WRITTEN NOTICE OR PUBLIC NOTICE OF THE
    19990H0868B2488                 - 13 -

     1         PROPOSED PROJECT WAS NOT PROVIDED.
     2         (2)  Nothing in this act shall limit in any way the
     3     liability of a person who the department has found to be in
     4     violation of any of the following acts:
     5             (i)  The act of May 31, 1945 (P.L.1198, No.418),
     6         known as the Surface Mining Conservation and Reclamation
     7         Act.
     8             (ii)  The act of April 27, 1966 (1st Sp.Sess.,
     9         P.L.31, No.1), known as The Bituminous Mine Subsidence
    10         and Land Conservation Act.
    11             (iii)  The act of July 7, 1980 (P.L.380, No.97),       <--
    12         known as the Solid Waste Management Act.
    13             (iv)  Any other Federal or State statute relating to
    14         environmental protection or to the protection of the
    15         public health, safety and welfare.
    16  Section 8.  Permits and zoning.
    17     Nothing in this act shall be construed as waiving any
    18  existing permit requirements or waiving any local zoning
    19  requirements.
    20  Section 9.  Relationship to Federal and State programs.
    21     The provisions of this act shall not prevent the Commonwealth
    22  from enforcing requirements necessary or imposed by the Federal
    23  Government as a condition to receiving or maintaining program
    24  authorization, delegation, primacy or Federal funds.
    25  Section 10.  General permits.
    26     If the department determines it will further the purposes of
    27  this act, the department may issue a general permit for each
    28  reclamation project or water pollution abatement project, which
    29  general permit shall:
    30         (1)  Encompass all of the activities included in that
    19990H0868B2488                 - 14 -

     1     reclamation project or water pollution abatement project.
     2         (2)  Be issued in place of any required stream
     3     encroachment, earth disturbance or national pollution
     4     discharge elimination system permits.
     5  Section 11.  Exceptions.
     6     (a)  General rule.--Any person who under existing law shall
     7  be or may become responsible to reclaim the land or treat or
     8  abate the water pollution or any person who for payment or
     9  consideration or who receives some other benefit through a
    10  contract, or any person who through a consent order and
    11  agreement or otherwise agrees or is ordered to perform or
    12  complete reclamation or treat or abate water pollution as well
    13  as a surety which provided a bond for the site shall not be
    14  eligible for nor shall that person receive the benefit of the
    15  protections and immunities available under this act.
    16     (b)  Projects near mining or coal refuse sites.--This act
    17  shall not apply to a reclamation project or a water pollution
    18  abatement project that is located adjacent to, hydrologically
    19  connected to or in close proximity to a site permitted under the
    20  act of May 31, 1945 (P.L.1198, No.418), known as the Surface
    21  Mining Conservation and Reclamation Act, the act of April 27,
    22  1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine
    23  Subsidence and Land Conservation Act, the act of September 24,
    24  1968 (P.L.1040, No.318), known as the Coal Refuse Disposal
    25  Control Act, or the act of December 19, 1984 (P.L.1093, No.219),
    26  known as the Noncoal Surface Mining Conservation and Reclamation
    27  Act, unless:
    28         (1)  The reclamation project or water pollution abatement
    29     project is submitted to the department in writing before the
    30     project is started.
    19990H0868B2488                 - 15 -

     1         (2)  The department finds:
     2             (i)  The reclamation project or the water pollution
     3         abatement project will not adversely affect the
     4         permittee's obligations under the permit and the
     5         applicable law.
     6             (ii)  The activities on the project work area cannot
     7         be used by the permittee to avoid the permittee's
     8         reclamation or water pollution treatment or abatement
     9         obligations.
    10         (3)  The department issues a written notice of its
    11     findings and the approval of the project.
    12     (c)  Projects in lieu of civil penalties.--This act shall not
    13  apply to a reclamation project or a water pollution abatement
    14  project that is performed in lieu of paying civil penalties.
    15     (d)  Land Recycling and Environmental Remediation Standards
    16  Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land
    17  Recycling and Environmental Remediation Standards Act, DOES NOT   <--
    18  APPLY to reclamation projects or water pollution abatement
    19  projects implemented under this act.
    20  SECTION 12.  WATER SUPPLY REPLACEMENT.                            <--
    21     A PUBLIC OR PRIVATE WATER SUPPLY AFFECTED BY CONTAMINATION OR
    22  THE DIMINUTION CAUSED BY THE IMPLEMENTATION OF A RECLAMATION
    23  PROJECT OR THE IMPLEMENTATION OF A WATER POLLUTION ABATEMENT
    24  PROJECT SHALL BE RESTORED OR REPLACED BY THE DEPARTMENT WITH AND
    25  ALTERNATE SOURCE OF WATER ADEQUATE IN QUANTITY AND QUALITY FOR
    26  THE PURPOSES SERVED BY THE WATER SUPPLY.
    27  SECTION 13.  ORPHAN OIL AND GAS WELLS.
    28     A RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT PROJECT
    29  SHALL NOT BE IMPLEMENTED IN A MANNER WHICH WILL LIMIT ACCESS TO
    30  AN ORPHAN GAS WELL OR AN ORPHAN OIL WELL.
    19990H0868B2488                 - 16 -

     1  Section 12 14.  Regulations.                                      <--
     2     The department may promulgate rules and regulations necessary
     3  to implement the provisions of this act.
     4  Section 13 15.  Repeal.                                           <--
     5     All acts and parts of acts are repealed insofar as they are
     6  inconsistent with this act.
     7  Section 14 16.  Effective date.                                   <--
     8     This act shall take effect in 60 days.















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