PRINTER'S NO. 1996
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1557
Session of
2019
INTRODUCED BY GABLER, BERNSTINE, BOROWICZ, BURNS, CAUSER,
DUNBAR, IRVIN, KAIL, METCALFE, METZGAR, MOUL, O'NEAL,
ORTITAY, PYLE, ROAE, SANKEY, SNYDER, STRUZZI AND FRITZ,
JUNE 4, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 4, 2019
AN ACT
Amending the act of September 24, 1968 (P.L.1040, No.318),
entitled "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 designating areas
unsuitable for coal refuse disposal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6.1(i) of the act of September 24, 1968
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(P.L.1040, No.318), known as the Coal Refuse Disposal Control
Act, is amended to read:
Section 6.1. Designating Areas Unsuitable for Coal Refuse
Disposal.--* * *
(i) All new coal refuse disposal areas shall include a
system to prevent adverse impacts to surface and ground water
and to prevent precipitation from contacting the coal refuse.
The system for preventing precipitation from contacting the coal
refuse shall be installed, as phases of the coal refuse disposal
area reach capacity, as specified in the permit, when the
operator temporarily ceases operation of the coal refuse
disposal area [for a period in excess of ninety days unless the
department, for reasons of a labor strike or business necessity,
approves a longer period that shall not exceed one year] or when
the operator permanently ceases operation of the coal refuse
disposal area. The system shall allow for revegetation and the
prevention of erosion. For the purposes of this act and the
policies, rules and regulations and standards adopted pursuant
to this act, the requirements pertaining to temporary cessation
of coal refuse disposal areas shall be in conformance with
regulations and standards adopted by the Office of Surface
Mining Reclamation and Enforcement pursuant to Federal law,
namely the Surface Mining Control and Reclamation Act of 1977.
Section 2. This act shall take effect in 60 days.
20190HB1557PN1996 - 2 -
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