PRINTER'S NO. 248
No. 243 Session of 1999
INTRODUCED BY KASUNIC, MUSTO, MELLOW, BELAN, COSTA, STAPLETON,
STOUT AND WHITE, FEBRUARY 1, 1999
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 1, 1999
AN ACT
1 Amending the act of September 24, 1968 (P.L.1040, No.318),
2 entitled, as amended, "An act providing for the protection of
3 the safety, health and welfare of the people, property and
4 public roads and highways of the Commonwealth from conditions
5 on coal refuse disposal areas, or parts thereof, which fail
6 to comply with the established rules, regulations or quality
7 standards adopted to avoid air or water pollution or to
8 protect water supplies, and from the danger of slipping,
9 sliding or burning of coal refuse disposal areas, or parts
10 thereof, sometimes caused by the storage of coal refuse;
11 prescribing for and regulating the operation of coal refuse
12 disposal areas, and parts thereof; prescribing the powers of
13 the Department of Environmental Resources with respect
14 thereto; providing for the power to enjoin the operation of
15 coal refuse disposal areas, or parts thereof, which contain
16 certain conditions; providing for civil and criminal
17 penalties; authorizing the acquisition by condemnation of
18 certain land areas in certain cases; establishing a permit
19 system, authorizing the adoption of rules and regulations,
20 establishing minimum standards ; requiring bonds and for the
21 maintenance of primary jurisdiction over surface coal mining
22 in Pennsylvania; providing incentives for coal refuse
23 disposal activities on previously affected areas; and
24 providing for coal refuse disposal research," limiting the
25 liability of owners who make land available for pollution
26 abatement or educational purposes.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. The act of September 24, 1968 (P.L.1040, No.318),
1 known as the Coal Refuse Disposal Control Act, is amended by
2 adding a section to read:
3 Section 6.4. Use of Land for Pollution Abatement Purposes.--
4 (a) Except as specifically provided in subsection (d) of this
5 section, an owner of land owes no duty of care:
6 (1) to keep the land safe for entry or use by others for
7 pollution abatement or educational purposes under this act; or
8 (2) to give any warning of a dangerous condition, use,
9 structure or activity on the land to persons entering or using
10 the land for pollution abatement or educational purposes.
11 (b) Except as specifically provided in subsection (d) of
12 this section, an owner of land who invites without charge a
13 person to use the land for pollution abatement or educational
14 purposes does not thereby:
15 (1) extend any assurance that the land is safe for any
16 purpose;
17 (2) confer upon the person the legal status of an invitee or
18 licensee to whom a duty of care is owed; or
19 (3) assume responsibility for or incur liability for any
20 injury to third parties caused by an act or omission of a person
21 using the land for pollution abatement or educational purposes.
22 (c) (1) An owner of land who invites without charge a
23 person to enter or use land for pollution abatement purposes
24 shall enter into an agreement with the person making use of the
25 land and the Department of Environmental Protection under which
26 the owner shall have no liability for any contamination of the
27 land caused by the person making use of the land for pollution
28 abatement purposes.
29 (2) Notwithstanding any provision of the act of June 22,
30 1937 (P.L.1987, No.394), known as "The Clean Streams Law," to
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1 the contrary, an owner who enters into an agreement under this
2 subsection shall not be subject to a citizen suit, an action
3 seeking contribution for remediation of the land or an action by
4 the Department of Environmental Protection with respect to the
5 land except an action to enforce the terms of the agreement.
6 (d) Nothing in this section limits in any way any liability
7 which otherwise exists:
8 (1) for willful or malicious failure to guard or warn
9 against a dangerous condition, use, structure or activity; or
10 (2) for injury suffered in any case where the owner of land
11 charges the person or persons who enter or go on the land for
12 pollution abatement or educational purposes, except that in the
13 case of land leased to the Commonwealth or a subdivision, any
14 consideration received by the owner for the lease shall not be
15 deemed a charge within the meaning of this section.
16 (e) Nothing in this section shall be construed to:
17 (1) create a duty of care or ground of liability for injury
18 to persons or property; or
19 (2) relieve any person using the land of another for
20 pollution abatement or educational purposes from any obligation
21 which the person may have in the absence of this section to
22 exercise care in use of the land and in activities conducted on
23 the land, or from the legal consequences of failure to employ
24 care in the use of the land of another.
25 (f) As used in this section, the following words and phrases
26 shall have the meanings given to them in this subsection:
27 "Acid mine drainage" means, for the purposes of this section,
28 any discharge of pollution originating from an abandoned coal
29 mine or from the land containing an abandoned coal mine into the
30 waters of the Commonwealth. It shall include the discharge of
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1 iron, aluminum and manganese or other pollutants usually
2 associated with abandoned mine drainage from a mine or lands
3 into the waters of the Commonwealth.
4 "Educational group" means an environmental organization or
5 group, or public or private school class or club or other club
6 or organization, which studies or examines pollution abatement
7 systems on site.
8 "Educational purpose" means the on site study or examination
9 of pollution abatement systems and techniques, which are
10 employed to treat acid mine drainage, by educational groups.
11 "Land" means unimproved real property, roads, water,
12 watercourses, private ways and buildings, structures and
13 machinery or equipment when attached to the realty.
14 "Owner" means the possessor of a fee interest, a tenant,
15 lessee, occupancy or person in control of the premises.
16 "Pollution abatement purposes" means employment of systems
17 and techniques for the treatment of acid mine drainage that will
18 result in a reduction of land and water pollution.
19 Section 2. This act shall take effect in 60 days.
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