THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY D. WHITE, M. WHITE, MUSTO, WAUGH, WARD, EARLL AND ALLOWAY, JANUARY 19, 2010

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 19, 2010  

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 fees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5(b) of the act of September 24, 1968

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

Act, amended October 10, 1980 (P.L.807, No.154), is amended to

read:

Section 5.  Applications.--* * *

(b)  The department is authorized to charge and collect from

persons and municipalities in accordance with rules and

regulations reasonable fees for applications filed and for

permits issued. Such fees may be adjusted from time to time by

regulations promulgated by the Environmental Quality Board.

* * *

Section 2.  This act shall take effect immediately.