THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARHAI, SOLOBAY, DeWEESE, GEORGE, CARROLL, CAUSER, CHRISTIANA, CLYMER, ELLIS, GEIST, GIBBONS, GRUCELA, HENNESSEY, KORTZ, KULA, OBERLANDER, PYLE, REED, REICHLEY, SIPTROTH, STERN, STEVENSON, WHITE AND YOUNGBLOOD, JULY 10, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JULY 10, 2009  

AN ACT

Amending the act of September 24, 1968 (P.L.1040, No.318),

entitled, as amended, "An act providing for the protection of

the safety, health and welfare of the people, property and

public roads and highways of the Commonwealth from conditions

on coal refuse disposal areas, or parts thereof, which fail

to comply with the established rules, regulations or quality

standards adopted to avoid air or water pollution or to

protect water supplies, and from the danger of slipping,

sliding or burning of coal refuse disposal areas, or parts

thereof, sometimes caused by the storage of coal refuse;

prescribing for and regulating the operation of coal refuse

disposal areas, and parts thereof; prescribing the powers of

the Department of Environmental Resources with respect

thereto; providing for the power to enjoin the operation of

coal refuse disposal areas, or parts thereof, which contain

certain conditions; providing for civil and criminal

penalties; authorizing the acquisition by condemnation of

certain land areas in certain cases; establishing a permit

system, authorizing the adoption of rules and regulations,

establishing minimum standards ; requiring bonds and for the

maintenance of primary jurisdiction over surface coal mining

in Pennsylvania; providing incentives for coal refuse

disposal activities on previously affected areas; and

providing for coal refuse disposal research," further

providing for site selection.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4.1(a) of the act of September 24, 1968

(P.L.1040, No.318), known as the Coal Refuse Disposal Control

Act, added December 7, 1994 (P.L.808, No.114), is amended to

read:

Section 4.1.  Site Selection.--(a)  Preferred sites shall be

used for coal refuse disposal unless the applicant demonstrates

to the department another site is more suitable based upon

engineering, geology, economics, transportation systems and

social factors and is not adverse to the public interest. A

preferred site is one of the following:

(1)  A watershed polluted by acid mine drainage.

(2)  A watershed containing an unreclaimed surface mine but

which has no mining discharge.

(3)  A watershed containing an unreclaimed surface mine with

discharges that could be improved by the proposed coal refuse

disposal operation.

(4)  Unreclaimed coal refuse disposal piles that could be

improved by the proposed coal refuse disposal operation.

(5)  Other unreclaimed areas previously affected by mining

activities.

(6)  An area adjacent to or an expansion of an existing coal

refuse disposal site.

Where, however, the adverse environmental impacts of the

preferred site clearly outweigh the public benefits, the site

shall not be considered a preferred site.

* * *

Section 2.  This act shall take effect in 60 days.