PRIOR PRINTER'S NO. 1364 PRINTER'S NO. 3557
No. 1176 Session of 1983
INTRODUCED BY LETTERMAN, DORR, CESSAR, BELFANTI, SHOWERS, GEIST,
MISCEVICH, DOMBROWSKI, KOWALYSHYN, HAYES, SCHEETZ, SEMMEL,
PETRARCA, MORRIS, DININNI, STEIGHNER, PETERSON, JACKSON,
SALOOM, MOEHLMANN, MOWERY, D. R. WRIGHT, BOWSER, BURD, CLARK,
OLASZ AND COY, JUNE 7, 1983
AS REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT,
HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 1984
AN ACT
1 Relating to noncoal surface mining conservation and reclamation.
2 TABLE OF CONTENTS
3 Section 1. Short title. <--
4 Section 2. Purpose of act.
5 Section 3. Definitions.
6 Section 4. Operator's license.
7 Section 5. Specifications for construction projects.
8 Section 6. Mining permit; reclamation plan; bond.
9 Section 7. Public health and safety.
10 Section 8. Violation notices; suspension of license; cease and
11 desist orders.
12 Section 9. Mine conservation inspectors.
13 Section 10. Local ordinances.
14 Section 11. Noncoal Surface Mining Conservation and Reclamation
15 Fund.
1 Section 12. Release of operator on transfer of operation.
2 Section 13. Injunctive relief.
3 Section 14. Remedies of citizens.
4 Section 15. Existing licenses and permits.
5 Section 16. Repeals.
6 Section 17. Effective date.
7 SECTION 1. SHORT TITLE. <--
8 SECTION 2. PURPOSE OF ACT.
9 SECTION 3. DEFINITIONS.
10 SECTION 4. RELATIONSHIP TO COAL MINING.
11 SECTION 5. OPERATOR'S LICENSE.
12 SECTION 6. SPECIFICATIONS FOR CONSTRUCTION PROJECTS.
13 SECTION 7. MINING PERMIT; RECLAMATION PLAN.
14 SECTION 8. PERMIT APPROVAL OR DENIAL.
15 SECTION 9. BONDING.
16 SECTION 10. PUBLIC NOTICE; INFORMAL CONFERENCES; AND
17 PUBLIC INFORMATION.
18 SECTION 11. RULEMAKING; ORDERS; PUBLIC HEALTH AND SAFETY;
19 AND RELATED MATTERS.
20 SECTION 12. PROGRESS REPORT.
21 SECTION 13. TEMPORARY CESSATION.
22 SECTION 14. RIGHT TO ENTER AND INSPECT.
23 SECTION 15. DEPARTMENT INSPECTORS.
24 SECTION 16. LOCAL ORDINANCES.
25 SECTION 17. NONCOAL SURFACE MINING CONSERVATION AND RECLAMATION
26 FUND.
27 SECTION 18. RELEASE OF OPERATOR ON TRANSFER OF OPERATION.
28 SECTION 19. INJUNCTIVE RELIEF.
29 SECTION 20. REMEDIES OF CITIZENS.
30 SECTION 21. CIVIL PENALTIES.
19830H1176B3557 - 2 -
1 SECTION 22. CRIMINAL PENALTIES.
2 SECTION 23. UNLAWFUL CONDUCT.
3 SECTION 24. EXISTING LICENSES AND PERMITS.
4 SECTION 25. SOIL CONSERVATION DISTRICTS.
5 SECTION 26. WAIVER OF PERMIT REQUIREMENTS; GENERAL PERMITS.
6 SECTION 27. REPEALS.
7 SECTION 28. EFFECTIVE DATE.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title. <--
11 This act shall be known and may be cited as the Noncoal
12 Surface Mining Conservation and Reclamation Act.
13 Section 2. Purpose of act.
14 This act shall be deemed to be an exercise of the police
15 powers of the Commonwealth for the general welfare of the people
16 of this Commonwealth, to provide for the conservation and
17 improvement of areas of land affected in the surface mining of
18 noncoal minerals, to aid in the protection of birds and
19 wildlife, to enhance the value of the land for taxation, to
20 decrease soil erosion, to aid in the prevention of the pollution
21 of rivers and streams, to prevent and eliminate hazards to
22 health and safety and generally to improve the use and enjoyment
23 of the lands.
24 Section 3. Definitions.
25 The following words and phrases when used in this act shall
26 have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Abandoned." An operation where no mineral has been produced
29 or overburden removed for a period of six months, verified by
30 monthly reports submitted to the department by the operator and
19830H1176B3557 - 3 -
1 by inspections made by the department, unless:
2 (1) an operator, within 30 days after receipt of
3 notification by the secretary terming an operation abandoned,
4 submits sufficient evidence to the secretary that there is a
5 reasonable likelihood that additional materials will be
6 extracted from the permit area in the future; and
7 (2) there is sufficient bond to provide for reclamation.
8 "Active operation." One in which the surface mine operator
9 removes a minimum of 500 tons per acre of minerals for
10 commercial purposes in a calendar year.
11 "Cash." Includes, when used in regard to bond requirements,
12 negotiable certificates of deposit.
13 "Contouring." Reclamation achieved by beginning at or beyond
14 the top of the highwall and sloped to the toe of the spoil bank
15 at a maximum angle not to exceed the approximate original
16 contour of the land, with no depressions to accumulate water and
17 with adequate provisions for drainage.
18 "Degree." The inclination from the horizontal in each case
19 subject to a tolerance of five degrees.
20 "Department." The Department of Environmental Resources.
21 "Fund." The Noncoal Surface Mining Conservation and
22 Reclamation Fund.
23 "Land." The surface of the land upon which surface mining is
24 conducted.
25 "Landowner." The person or municipality in whom the legal
26 title to the land is vested.
27 "Lease." All documents which transfer or convey title to or
28 rights in minerals in place, together with the right to remove
29 the minerals. The term includes leases, mining leases, deeds of
30 severance and deeds conveying title to or rights in minerals
19830H1176B3557 - 4 -
1 previously severed from the surface interest.
2 "Minerals." Any aggregate or mass of mineral matter, whether
3 or not coherent, which is extracted by surface mining. The term
4 includes, but is not limited to, limestone and dolomite, sand
5 and gravel, rock and stone, earth, fill, slag, iron ore, zinc
6 ore, vermiculite and clay; but it does not include anthracite or
7 bituminous coal.
8 "Municipality." Includes any county, city, borough, town,
9 township, school district, institution or any authority created
10 by any of the foregoing.
11 "Operation." The pit located upon a single tract of land or
12 a continuous pit embracing or extending upon two or more
13 contiguous tracts of land.
14 "Operator." A person engaged in surface mining as a
15 principal as distinguished from an agent or independent
16 contractor. Where more than one person is engaged in surface
17 mining activities in a single operation, they shall be deemed
18 jointly and severally responsible for compliance with the
19 provisions of this act.
20 "Overburden." The strata or material overlying a mineral
21 deposit or in between mineral deposits in its natural state
22 before or after its removal by surface mining.
23 "Person." Any natural person, partnership, association,
24 corporation or municipality or any agency, instrumentality or
25 entity of Federal or State Government.
26 "Pit." The place where any minerals are being mined by
27 surface mining.
28 "Secretary." The Secretary of Environmental Resources.
29 "Spoil pile." The overburden and reject minerals as piled or
30 deposited in surface mining.
19830H1176B3557 - 5 -
1 "Surface mining." The extraction of minerals from the earth,
2 from waste or stockpiles, from pits or from banks by removing
3 the strata or material which overlies or is above or between
4 them or otherwise exposing and retrieving them from the surface.
5 The term includes, but is not limited to, strip and auger
6 mining, dredging, quarrying and leaching and activities related
7 thereto; but it does not include those mining operations carried
8 out beneath the surface by means of shafts, tunnels or other
9 underground mine openings. In operations where the extraction of
10 coal is incidental to the extraction of minerals and where the
11 coal extracted does not exceed 16 2/3% of the tonnage of
12 materials removed for purposes of commercial use or sale, such
13 activities shall be "surface mining" subject to this act and
14 shall not be subject to the act of May 31, 1945 (P.L.1198,
15 No.418), known as the Surface Mining Conservation and
16 Reclamation Act. The term does not include:
17 (1) The extraction of minerals by a landowner for his
18 own noncommercial use from land owned or leased by him.
19 (2) The extraction of sand, gravel, rock, stone, earth
20 or fill from borrow pits from highway construction purposes
21 if the work is performed under a bond, contract and
22 specifications which substantially provide for and require
23 reclamation of the area affected in the manner provided by
24 this act.
25 (3) The handling, processing or storage of slag on the
26 premises of a manufacturer as a part of the manufacturing
27 process.
28 (4) Those mining operations carried out by dredging in
29 navigable waters.
30 "Terracing." Grading where the steepest contour of the
19830H1176B3557 - 6 -
1 highwall is not greater than 35 degrees from the horizontal,
2 with the table portion of the restored area a flat terrace
3 without depressions to hold water and with adequate provision
4 for drainage, unless otherwise approved by the department.
5 "Tract." A single parcel of land or two or more contiguous
6 parcels of land with common ownership or control.
7 Section 4. Operator's license.
8 (a) General rule.--No person shall conduct an active
9 operation within this Commonwealth as an operator without first
10 obtaining a surface mining operator's license from the
11 department. Applications for a surface mining operator's license
12 shall be made in writing to the department upon forms prepared
13 and furnished by the department and shall contain such
14 information as the department shall require about the applicant
15 and, when the applicant is a corporation, partnership or
16 association, about its officers, directors and principal owners.
17 The initial application for a license shall be accompanied by a
18 fee of $50 in the case of persons mining 2,000 tons or less of
19 marketable minerals per year and a fee of $500 in the case of
20 persons mining more than 2,000 tons of marketable minerals per
21 year. All persons having a surface mining operator's license
22 shall renew such license annually and shall pay for each license
23 renewal a fee of $50 in the case of persons mining 2,000 tons or
24 less of marketable minerals per year and a fee of $300 in the
25 case of all other persons. The application for renewal of a
26 surface mining operator's license shall be made annually on or
27 before January 1 of the next succeeding year. Any person who
28 conducts an active operation as an operator without having
29 applied for and received a license as provided in this section
30 or in violation of the terms of his license commits a
19830H1176B3557 - 7 -
1 misdemeanor and shall, upon conviction, be sentenced to pay a
2 fine of not less than $5,000 or an amount not less than the
3 total profits derived by him as a result of his unlawful
4 activities, as determined by the court, together with the
5 estimated cost to the Commonwealth of any reclamation work which
6 may reasonably be required to restore the land to its condition
7 prior to the commencement of the offense or to undergo
8 imprisonment not more than one year, or both. The fine shall be
9 payable to the Noncoal Surface Mining Conservation and
10 Reclamation Fund.
11 (b) Nonissuance, nonrenewal.--The department shall not issue
12 any new surface mining operator's license or renew any existing
13 surface mining operator's license if it finds, after
14 investigation and an opportunity for an informal hearing, that
15 the applicant has failed and continues to fail to comply with
16 this act or any of the acts repealed or amended by this act
17 insofar as the acts relate to noncoal surface mining. Where the
18 applicant is a corporation, partnership or association, the
19 department shall not issue such license or renewal if, after
20 investigation and an opportunity for an informal hearing, it
21 finds any of the following:
22 (1) Any officer, director or principal owner of the
23 applicant has failed and continues to fail to comply with
24 this act or any other acts insofar as they relate to noncoal
25 surface mining or that any officer, director or principal
26 owner of the applicant is or has been an officer, director or
27 principal owner of any other corporation, partnership or
28 association which has failed and continues to fail to comply
29 with this act or other acts insofar as they relate to noncoal
30 surface mining. However, the department shall issue such
19830H1176B3557 - 8 -
1 license or renewal if the applicant demonstrates that the
2 noncompliance is being corrected to the satisfaction of the
3 department.
4 (c) Insurance.--The application for license or renewal shall
5 be accompanied by a certificate of insurance certifying that the
6 applicant has in force a public liability insurance policy
7 issued by an insurance company authorized to do business in this
8 Commonwealth covering all surface mining operations of the
9 applicant in this Commonwealth and affording personal injury and
10 property damage protection, to be written for the term of the
11 license or renewal. The total amount of insurance shall be not
12 less than $100,000. The secretary may waive this subsection upon
13 a finding that the applicant is possessed and will continue to
14 be possessed of ability to pay personal injury or property
15 damage claims within the requirements of this subsection.
16 Section 5. Specifications for construction projects.
17 It shall be the duty of architects, engineers or other
18 persons preparing specifications for construction projects,
19 which specifications include the requirement that the
20 construction contractor supply fill for such project, to include
21 within the specifications a specific reference to this act and
22 the regulations pertaining to this act adopted by the
23 department. If such a reference is omitted from the
24 specifications and reclamation and planting of the land from
25 which the fill was removed by the construction contractor is
26 required under this act, any contract based on such
27 specifications may be amended, at the option of the construction
28 contractor, to allow a reasonable price for the reclamation and
29 planting of the land affected in accordance with a plan
30 acceptable to the secretary.
19830H1176B3557 - 9 -
1 Section 6. Mining permit; reclamation plan; bond.
2 (a) Application.--Before any licensed surface mining
3 operator begins a surface mining operation, he shall apply to
4 the department on a form prepared and furnished by the
5 department for a permit for each separate operation, which
6 permit when issued shall be valid until such operation is
7 completed or abandoned unless sooner suspended by the secretary.
8 As a part of each application for a permit, the operator shall
9 furnish the following unless modified or waived by the
10 department for cause:
11 (1) An accurately surveyed map or plan, in duplicate, on
12 a scale of not less than 200 feet to the inch, in a manner
13 satisfactory to the department, showing the location of the
14 tract or tracts of land to be affected by the operation
15 contemplated and cross sections at such intervals as the
16 department may prescribe. Such surveyed map or plan and cross
17 sections shall be certified by a registered professional
18 engineer and a registered professional land surveyor and
19 shall show the boundaries of the proposed land affected,
20 together with the drainage area above and below such area;
21 the location and names of all streams, roads, railroads and
22 utility lines on or immediately adjacent to the area; the
23 location of all buildings within 1,000 feet of the outer
24 perimeter of the area affected; the names and addresses of
25 the owners and present occupants thereof; the purpose for
26 which each building is used; the name of the owner of the
27 affected area and the names of adjacent landowners; the
28 municipality or township and county and, if in a township,
29 the nearest municipality. Such map or plan shall also show
30 the results of test borings which the operator has conducted
19830H1176B3557 - 10 -
1 at the site of the proposed operation and shall include the
2 nature and depth of the various strata, the thickness of any
3 mineral seam, such analyses of the mineral or overburden as
4 the department may require, the crop line of any minerals to
5 be mined and the location of test boring holes. The
6 information resulting from test borings shall be deemed
7 confidential information and shall not be deemed a matter of
8 public record. Aerial photographs of the tract or tracts of
9 land to be affected by the operation shall also be provided
10 if such photographs are required by the department.
11 (2) A complete and detailed plan for the reclamation of
12 the land affected. Except as otherwise provided in this act
13 or unless a variance for cause is specially allowed by the
14 department as provided in this act, each such plan shall
15 include the following:
16 (i) A statement of the uses of the land proposed to
17 be mined.
18 (ii) The use which is proposed to be made of the
19 land following reclamation.
20 (iii) Where conditions permit, the manner in which
21 topsoil and subsoil will be conserved and restored. If
22 conditions do not permit the conservation and restoration
23 of all or part of the topsoil and subsoil, a full
24 explanation of those conditions shall be given and
25 alternate procedures proposed.
26 (iv) Where the proposed land use so requires, the
27 manner in which compaction of the soil and fill will be
28 accomplished.
29 (v) A complete planting program providing for the
30 planting of trees, grasses, legumes or shrubs or a
19830H1176B3557 - 11 -
1 combination thereof approved by the department as best
2 calculated to permanently restore vegetation to the land
3 affected. If conditions do not permit the planting of
4 vegetation on all or part of the land affected and if
5 such conditions pose an actual or potential threat of
6 soil erosion or unavoidable siltation, alternate
7 procedures shall be proposed to prevent the threat of
8 soil erosion or unavoidable siltation. If such procedures
9 do not prevent these conditions, they shall not be
10 approved by the department.
11 (vi) A detailed timetable for the accomplishment of
12 each major step in the reclamation plan and the
13 operator's estimate of the cost of each such step and the
14 total cost to the operator of the reclamation program.
15 (vii) A full explanation of the conditions which do
16 not permit contouring if the reclamation plan does not
17 provide for contouring. Other alternatives to contouring
18 or terracing may be proposed, in conjunction with such
19 proposed land uses as water impoundment, water-oriented
20 real estate development, recreational area development,
21 industrial site development or solid waste disposal area
22 development; and, unless such proposed alternatives or
23 uses pose an actual or potential threat of water
24 pollution, are deemed impractical or unreasonable,
25 involve unreasonable delay in their implementation, or
26 are violative of Federal, State or local law, such
27 alternatives and uses shall be approved by the
28 department.
29 (viii) The written consent of the landowner, upon a
30 form prepared and furnished by the department, to entry
19830H1176B3557 - 12 -
1 upon any land to be affected by the operation by the
2 operator or by the Commonwealth or any of its authorized
3 agents within a period of five years after the operation
4 is completed or abandoned for the purpose of reclamation,
5 planting and inspection or for the construction of any
6 such mine drainage treatment facilities as may be deemed
7 necessary by the secretary for the prevention of stream
8 pollution from mine drainage. However, written consent of
9 the landowner shall not be required in the case of leases
10 in existence on November 30, 1971 or mineral interests
11 first severed from the surface interests by conveyance
12 prior to November 30, 1971 which do not provide for or
13 require such consents.
14 (ix) The manner in which the operator plans to
15 control surface water drainage. No approval shall be
16 granted unless the plan provides for a practicable method
17 of avoiding acid mine drainage and preventing avoidable
18 siltation or other stream pollution.
19 (b) Decision.--Within 30 days after receipt of an
20 application for a permit, the department shall examine the
21 application, notify the applicant of specific deficiencies,
22 request any additional information the department is authorized
23 by law to require and, if the department objects to any part of
24 the proposal, notify the applicant of its objections and the
25 reasons therefor. Failure to correct a deficiency, to supply
26 additional information or to remove the objections shall not be
27 grounds for denial of the permit unless the department timely
28 notified the applicant within this 30-day period. The department
29 shall grant or deny the permit within 60 days after receipt of
30 the application or receipt of the timely requested correction of
19830H1176B3557 - 13 -
1 deficiencies, additional information or removal of objections
2 unless the applicant agrees to an extension of this 60-day
3 period. Any application that is not approved or denied within
4 this 60-day period shall be deemed approved and the permit shall
5 be issued. Should any applicant be aggrieved by any action of
6 the department under this subsection or by the failure of the
7 department to act upon his application for a permit, he may
8 proceed to lodge an appeal with the Environmental Hearing Board
9 in the manner provided by statute; and the applicant may appeal
10 from the adjudication of the board as provided by Title 2 of the
11 Pennsylvania Consolidated Statutes (relating to administrative
12 law and procedure).
13 (c) Additional land.--The operator shall, prior to
14 commencing operations on any additional land exceeding the
15 estimate made in the application for a permit, file an
16 additional application and bond. Upon receipt of such additional
17 application and related documents and information as would have
18 been required for the additional land had it been included in
19 the original application for a permit and, if all the
20 requirements of this act as were necessary to secure the permit
21 are met, the department shall promptly issue an amended permit
22 covering the additional acreage covered by such application and
23 shall determine the additional bond requirement therefor.
24 (d) Bond.--
25 (1) Prior to commencing surface mining, the permittee
26 shall file with the department a bond for the land affected
27 by each operation on a form to be prescribed and furnished by
28 the department, payable to the Commonwealth and conditioned
29 that the permittee shall faithfully perform all of the
30 requirements of this act and of the act of June 22, 1937
19830H1176B3557 - 14 -
1 (P.L.1987, No.394), known as The Clean Streams Law, the act
2 of January 8, 1960 (1959 P.L.2119, No.787), known as the Air
3 Pollution Control Act, and, where applicable, the act of
4 November 26, 1978 (P.L.1375, No.325), known as the Dam Safety
5 and Encroachments Act, and the act of July 7, 1980 (P.L.380,
6 No.97), known as the Solid Waste Management Act.
7 (2) An operator posting a bond sufficient to comply with
8 this section shall not be required to post a separate bond
9 for the permitted area under each of the acts hereinabove
10 enumerated. This paragraph shall not prohibit the department
11 from requiring additional bond amounts for the permitted area
12 should such an increase be determined by the department to be
13 necessary to meet the requirements of this act.
14 (3) The amount of the bond required shall be in an
15 amount determined by the department based upon the total
16 estimated cost of the Commonwealth of completing the approved
17 reclamation plan or in such other amount and form as may be
18 established by the department under regulations for an
19 alternate bonding program which shall achieve the objectives
20 and purposes of the bonding program. The estimate shall be
21 based upon the permittee's statement of his estimated cost of
22 fulfilling the plan during the course of his operation,
23 inspection of the application and other documents submitted,
24 inspection of the land area and such other criteria as may be
25 relevant, including but not limited to the probable
26 difficulty of reclamation giving consideration to such
27 factors as topography, geology of the site, hydrology, the
28 proposed land use, and the additional cost to the
29 Commonwealth which may be entailed by being required to bring
30 personnel and equipment to the site after abandonment by the
19830H1176B3557 - 15 -
1 permittee in excess of the cost to the permittee of
2 performing the necessary work during the course of his
3 surface mining operations. When the plan involves the
4 reconstruction or relocation of any public road or highway,
5 the amount of the bond shall include an amount sufficient to
6 fully build or restore the road or highway to a condition
7 approved by the Department of Transportation. No bond shall
8 be filed for less than $10,000 for the entire permit area.
9 Liability under such bond shall be for the duration of the
10 surface mining at each operation and for a period of five
11 years after the last year of augmented seeding and
12 fertilizing and any other work to complete reclamation to
13 meet the requirements of law and protect the environment,
14 unless released in part prior thereto as provided in this
15 act.
16 (4) The bond shall be executed by the operator and a
17 corporate surety licensed to do business in this Commonwealth
18 and approved by the secretary. The permittee may elect to
19 deposit with the department, in lieu of a corporate surety,
20 cash, automatically renewable irrevocable bank letters of
21 credit, which may be terminated by the bank at the end of a
22 term only upon the bank giving 90 days prior written notice
23 to the permittee and the department, or negotiable bonds of
24 the United States Government or of the Commonwealth, the
25 Pennsylvania Turnpike Commission, The General State
26 Authority, the State Public School Building Authority or any
27 municipality within this Commonwealth. The cash deposit
28 amount of such irrevocable letter of credit or market value
29 of such securities shall be equal at least to the sum of the
30 bond. The secretary shall, upon receipt of any such deposit
19830H1176B3557 - 16 -
1 of cash, letters of credit or negotiable bonds, immediately
2 place the same with the State Treasurer, whose duty it shall
3 be to receive and hold the deposit in the name of the
4 Commonwealth, in trust, for the purposes for which the
5 deposit is made. The State Treasurer shall at all times be
6 responsible for the custody and safekeeping of such deposits.
7 The permittee making the deposit shall be entitled from time
8 to time to demand and receive from the State Treasurer, on
9 the written order of the secretary, the whole or any portion
10 of any collateral so deposited upon depositing with the State
11 Treasurer, in lieu thereof, other collateral of the classes
12 specified in this paragraph having a market value at least
13 equal to the sum of the bond or to substitute a bond for such
14 cash, automatically renewable irrevocable bank letters of
15 credit or negotiable bonds and also to demand, receive and
16 recover the interest and income from the negotiable bonds as
17 it becomes due and payable. Where negotiable bonds,
18 deposited, mature or are called, the State Treasurer, at the
19 request of the permittee, shall convert the negotiable bonds
20 into such other negotiable bonds of the classes specified in
21 this paragraph as may be designated by the permittee. Where
22 notice of intent to terminate a letter of credit is given,
23 the department shall give the permittee 30 days' written
24 notice to replace the letter of credit with other acceptable
25 bond guarantees as provided in this paragraph and, if the
26 permittee fails to replace the letter of credit within the
27 30-day notification period, the department shall draw upon
28 and convert such letter of credit into cash and hold it as a
29 collateral bond guarantee or may accept a self-bond from the
30 permittee, without separate surety if the permittee
19830H1176B3557 - 17 -
1 demonstrates to the satisfaction of the department a history
2 of financial solvency, continuous business operation and
3 continuous efforts to achieve compliance with all Federal and
4 Pennsylvania environmental statutes, pledges such real or
5 personal property as the department may require to secure the
6 self-bond and complies with such other requirements as the
7 department may reasonably require.
8 (e) Excessive mining.--Notwithstanding subsection (d), in
9 the case of applications for the mining of minerals where the
10 department determines that the mineral to be extracted exceeds
11 the amount of overburden by a ratio of at least four to one or
12 the minerals are to be removed by underground mining methods and
13 where the mining operations are reasonably anticipated to
14 continue for a period of at least ten years from the date of
15 application, the term of the bond shall be for the duration of
16 the mining and reclamation operations and for five years
17 thereafter. The operator, in the case of mining and reclamation
18 operations mentioned in this subsection, may elect to deposit
19 collateral and file a collateral bond as provided in subsection
20 (d) according to the following phased deposit schedule. The
21 operator shall, prior to commencing mining operations, deposit
22 $10,000 or 25% of the amount of the bond determined under
23 subsection (d), whichever is greater. The operator shall,
24 thereafter, annually deposit 10% of the remaining bond amount
25 for a period of ten years. Interest accumulated by such
26 collateral shall become a part of the bond until such time as
27 the collateral, plus accumulated interest, equal the amount of
28 the required bond. The department may require additional bonding
29 at any time to meet the intent of subsection (d). The collateral
30 shall be deposited, in trust, with the State Treasurer as
19830H1176B3557 - 18 -
1 provided in subsection (d) or with a bank selected by the
2 department which shall act as trustee for the benefit of the
3 Commonwealth, according to the regulations promulgated under
4 this act, to guarantee the operator's compliance with this act
5 and the statutes enumerated in subsection (d)(1). The operator
6 shall be required to pay all costs of the trust. The collateral
7 deposit or part thereof shall be released of liability and
8 returned to the operator, together with a proportional share of
9 accumulated interest, upon the conditions of and under the
10 schedule and criteria for release provided in subsection (g).
11 (f) Progress report.--Within 90 days after commencement of
12 surface mining operations and each 365 days thereafter unless
13 modified or waived by the department for cause, the operator
14 shall file in triplicate an operations and progress report with
15 the department on a form prescribed and furnished by the
16 department, setting forth:
17 (1) The name or number of the operation.
18 (2) The location of the operation as to county and
19 township and with reference to the nearest public road.
20 (3) A description of the tract or tracts.
21 (4) The name and address of the landowner or his duly
22 authorized representative.
23 (5) An annual report of the mineral produced, number of
24 employees and days worked.
25 (6) A report of all fatal and nonfatal accidents for the
26 previous year.
27 (7) The current status of the reclamation work performed
28 in pursuance of the approved reclamation plan.
29 (8) Such other or further information as the department
30 may reasonably require.
19830H1176B3557 - 19 -
1 (g) Release of liability.--As the operator completes each
2 separate step of the approved reclamation plan, the operator may
3 report the completion to the department and request the release
4 of that portion of the bond and collateral which relates to the
5 completed portion of the reclamation plan. Upon the receipt of
6 such notification and request, the department shall inspect the
7 premises; and, if it finds that the work has been performed in a
8 proper and workmanlike manner and is in compliance with the
9 approved reclamation plan and with law, it shall release that
10 portion of the bond and collateral which relates to the
11 completed portion of the reclamation plan. The department may
12 withhold an amount equivalent to 5% of the amount for a period
13 of five years from the completion date of the work, as a
14 contingency allowance for the reimbursement of the Commonwealth
15 of any cost encountered due to after-discovered faulty or
16 negligent work on the part of the operator. Upon release of all
17 or part of the bond and collateral as provided in this
18 subsection, the State Treasurer shall immediately return to the
19 operator the amount of cash or securities specified therein.
20 (h) Forfeiture.--If the operator fails or refuses to comply
21 with the requirements of this act in any respect for which
22 liability has been charged on the bond, the department shall
23 declare such portion of the bond forfeited and shall certify
24 this to the Office of the Attorney General, which shall proceed
25 to enforce and collect the amount of liability forfeited
26 thereon; and where the operator has deposited cash or securities
27 as collateral in lieu of a corporate surety, the department
28 shall declare the portion of the collateral forfeited and shall
29 direct the State Treasurer to pay the funds into the Noncoal
30 Surface Mining Conservation and Reclamation Fund or to proceed
19830H1176B3557 - 20 -
1 to sell said securities to the extent forfeited and pay the
2 proceeds thereof into the Noncoal Surface Mining Conservation
3 and Reclamation Fund. Should any corporate surety fail to
4 promptly pay in full a forfeited bond, it shall be disqualified
5 from writing any further surety bonds under this act. Any
6 operator aggrieved by reason of forfeiting the bond or
7 converting collateral, as provided in this subsection, shall
8 have a right to contest such action and appeal therefrom as
9 provided in subsection (i).
10 (i) Appeal.--Should any operator be aggrieved by any
11 decision or action of the secretary with respect to the amount
12 of any bond, the terms, conditions or release thereof or any
13 other matter related thereto, he may proceed to lodge an appeal
14 with the Environmental Hearing Board in the manner provided by
15 law; and from the adjudication of the board the operator may
16 further appeal as provided by Title 2 of the Pennsylvania
17 Consolidated Statutes (relating to administrative law and
18 procedure).
19 (j) Minimal impact.--Notwithstanding the provisions of
20 subsections (d) and (e) and section 4(c), in the case of
21 applications for the surface mining permits and licenses, where
22 the department determines that the amount of marketable minerals
23 to be extracted does not exceed 2,000 tons, no certificate of
24 insurance nor bond shall be required.
25 Section 7. Public health and safety.
26 (a) Jurisdiction.--Except as otherwise provided in this act,
27 all surface mining operations coming within the provisions of
28 this act shall be under the exclusive jurisdiction of the
29 department and shall be conducted in compliance with such
30 reasonable rules and regulations as may be deemed necessary by
19830H1176B3557 - 21 -
1 the secretary for the protection of the general public. Separate
2 rules and regulations shall be promulgated for each mineral. The
3 secretary, through the mine conservation inspectors, shall have
4 the authority and power to enforce this act and the rules and
5 regulations promulgated hereunder. In addition, should the
6 secretary determine that a condition caused by or related to
7 surface mining constitutes a hazard to public health or safety,
8 the secretary shall take such measures to abate and remove the
9 same as are provided by section 1917-A of the act of April 9,
10 1929 (P.L.177, No.175), known as The Administrative Code of
11 1929, and as otherwise provided by law for the abatement of
12 nuisances. For the purposes of this section, any condition which
13 creates a risk of fire, landslide, subsidence, cave-in or other
14 unsafe, dangerous or hazardous condition including, but not
15 limited to, any unguarded and unfenced open pit area, highwall,
16 water pool, spoil bank, abandoned structure, equipment,
17 machinery, tools and other property used in or resulting from
18 surface mining operations or other serious hazards to public
19 health or safety, are hereby declared to be a nuisance within
20 the meaning of section 1917-A of The Administrative Code of
21 1929.
22 (b) Explosives.--The use of explosives for the purpose of
23 blasting in connection with surface mining shall be done in
24 accordance with regulations promulgated by and under the
25 supervision of the secretary. It shall be unlawful for any
26 blaster to leave a working place after a task completion without
27 first filing a blaster's report with the mine operator. Such
28 report shall indicate the nature of the blasting operation,
29 including, but not limited to, the type and amount of explosives
30 used.
19830H1176B3557 - 22 -
1 (c) Distance limitations.--No operator shall open any pit
2 for surface mining operations, other than borrow pits for
3 highway construction purposes within 100 feet of the outside
4 line of the right-of-way of any public highway; within 300 feet
5 of any occupied dwelling house, unless released by the owner
6 thereof; within 300 feet of any public building, school, public
7 park or community or institutional building or within 100 feet
8 of any cemetery. The secretary may grant operators variances to
9 the distance requirements established in this subsection where
10 he is satisfied that special circumstances warrant such
11 exceptions and that the interest of the public and landowners
12 affected thereby will be adequately protected. Prior to granting
13 any such variances, the operator shall be required to give
14 public notice of his application therefor in two newspapers of
15 general circulation in the area once a week for two successive
16 weeks. Should any person file an exception to the proposed
17 variance within 20 days of the last publication thereof, the
18 department shall conduct a public hearing with respect thereto.
19 (d) Cleanup.--Upon the completion of any surface mining
20 operation and prior to the release by the secretary of all or
21 any portion of the bond or collateral pertinent thereto, the
22 operator shall remove and clean up all temporary or unused
23 structures, facilities, equipment, machines, tools, parts or
24 other materials, property, debris or junk which were used in or
25 resulted from the surface mining operations.
26 (e) Relocation of public roads.--Nothing contained in this
27 act shall be construed to prohibit the relocation of any public
28 road in the manner provided by law.
29 (f) Water restoration.--Any surface mining operator who
30 affects a public or private water supply by contamination or
19830H1176B3557 - 23 -
1 diminution shall restore or replace the affected supply with an
2 alternate source of water adequate in quantity and quality for
3 the purposes served by the supply. If any operator fails to
4 comply with this subsection, the secretary may issue such orders
5 to the operator as are necessary to assure compliance.
6 (g) Appeal.--Any operator aggrieved by the secretary's order
7 issued under subsection (f) shall have the right within 30 days
8 of receipt of such order to appeal to the Environmental Hearing
9 Board. Hearings under this subsection and any subsequent appeal
10 shall be in accordance with section 1921-A of The Administrative
11 Code of 1929 and Title 2 of the Pennsylvania Consolidated
12 Statutes (relating to administrative law and procedure).
13 (h) Cost of water restoration.--If the secretary finds that
14 immediate replacement of an affected water supply used for
15 potable or domestic needs is required to protect health and
16 safety and that the operator has appealed or failed to comply
17 with an order issued under subsection (f), the secretary may, in
18 his discretion, restore or replace the affected water supply
19 with an alternate source of water utilizing moneys from the
20 Noncoal Surface Mining Conservation and Reclamation Fund. Should
21 the secretary's decision be upheld on appeal, the secretary
22 shall proceed to recover the costs of restoration or
23 replacement, including costs incurred for design and
24 construction of facilities, from the responsible operator or
25 operators. Any such costs recovered shall be deposited in the
26 fund.
27 Section 8. Violation notices; suspension of license; cease and
28 desist orders.
29 Any mine conservation inspector shall have the right to enter
30 upon and inspect all surface mining operations for the purpose
19830H1176B3557 - 24 -
1 of determining conditions of public health and safety and
2 compliance with this act and all rules and regulations
3 promulgated under this act. Should an operator fail to comply
4 with this act or any rules or regulations promulgated under this
5 act, the mine conservation inspector shall report the matter to
6 the secretary who shall immediately notify the operator by
7 registered mail of such failure. Unless the operator complies
8 with that act and the rules and regulations within 30 days from
9 the receipt of such notice, the secretary may, after hearing and
10 final determination, suspend the surface mining operator's
11 license of the operator and issue a cease and desist order
12 requiring the operator to immediately cease surface mining
13 within this Commonwealth until such time as it is determined by
14 the secretary that the operator is in compliance. A mine
15 conservation inspector shall have the authority to order the
16 immediate stopping of any operation that is started by an
17 unlicensed operator, that is started without the operator hereof
18 having first obtained a permit as required by this act, or in
19 any case where the public health or safety calls for the
20 immediate halt of the operation, until corrective steps have
21 been started by the operator to the satisfaction of the mine
22 conservation inspector. Any operator who believes he is
23 aggrieved by the action of the mine conservation inspector may
24 immediately appeal to the secretary, setting forth reasons why
25 his operation should not be halted. The secretary shall
26 determine when the operation shall continue.
27 Section 9. Mine conservation inspectors.
28 Mine conservation inspectors shall be appointed in accordance
29 with 4 Pa. Code Part IV (relating to Civil Service Commission).
30 It shall be the duty of the secretary to assign the inspectors
19830H1176B3557 - 25 -
1 to their respective areas of jurisdiction.
2 Section 10. Local ordinances.
3 The Commonwealth by this enactment hereby preempts the
4 regulation of surface mining as herein defined. Except with
5 respect to regulating uses of land, water courses and other
6 bodies of water pursuant to section 603(1) of the act of July
7 31, 1968 (P.L.805, No.247), known as the Pennsylvania
8 Municipalities Planning Code, all local ordinances and
9 enactments purporting to regulate surface mining are hereby
10 superseded.
11 Section 11. Noncoal Surface Mining Conservation and Reclamation
12 Fund.
13 (a) Creation of fund.--All funds received by the secretary
14 from license fees, permit fees, forfeiture of bonds, cash
15 deposits and securities, and costs recovered under the act of
16 June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
17 Law, shall be held by the State Treasurer in a special fund,
18 separate and apart from all other moneys in the State Treasury,
19 to be known as the Noncoal Surface Mining Conservation and
20 Reclamation Fund, and shall be used by the secretary for the
21 purpose of the revegetation or reclaiming of land affected by
22 surface mining of any minerals, for restoration or replacement
23 of water supplies affected by surface mining operations, or for
24 any other conservation purposes provided by this act and for
25 such purposes are specifically appropriated to the department by
26 this act.
27 (b) Earmarked funds.--Funds received from the forfeiture of
28 bonds, both surety and collateral, shall be expended by the
29 secretary for reclaiming and planting the area of land affected
30 by the operation upon which liability was charged on the bond if
19830H1176B3557 - 26 -
1 the secretary determines such expenditure to be reasonable,
2 necessary and physically possible. Any funds received from such
3 forfeited bonds in excess of the amount which is required to
4 reclaim and plant the area of land affected by the operation
5 upon which liability was charged and funds received from bond
6 forfeitures where reclamation and planting is determined to be
7 unreasonable, unnecessary or physically impossible may be used
8 by the secretary for any of the purposes provided in subsection
9 (a).
10 Section 12. Release of operator on transfer of operation.
11 Where one operator succeeds another at any uncompleted
12 operation, by sale, assignment, lease or otherwise, the
13 secretary may release the first operator from all liability
14 under this act as to that particular operation if both operators
15 have registered and have otherwise complied with the
16 requirements of this act and the successor operator assumes as
17 part of his obligation under this act all liability for grading,
18 planting and reclamation on the land affected by the former
19 operator.
20 Section 13. Injunctive relief.
21 In addition to any other remedy at law or in equity or under
22 this act, the Attorney General may apply for relief by
23 injunction, to enforce compliance with or to restrain violations
24 of this act, or any rule, regulation, permit condition or order
25 made under this act. The remedy prescribed in this section shall
26 be deemed concurrent or contemporaneous with any other remedy
27 and the existence or exercise of any one remedy shall not
28 prevent the exercise of any other remedy.
29 Section 14. Remedies of citizens.
30 Any citizen of this Commonwealth having knowledge that any of
19830H1176B3557 - 27 -
1 the provisions of this act are willfully and deliberately not
2 being enforced by any public officer or employee whose duty it
3 is to enforce this act shall bring such failure to enforce the
4 law to the attention of the public officer or employee. To
5 provide against unreasonable and irresponsible demands being
6 made, all demands to enforce the law must be in writing, under
7 oath, with facts set forth specifically stating the nature of
8 the failure to enforce the law. The stating of false facts and
9 charges in such affidavit shall constitute perjury and shall
10 subject the affiant to penalties prescribed under the law for
11 perjury. If the public officer or employee neglects or refuses
12 for an unreasonable time after demand to enforce such provision,
13 the citizen shall have the right to bring an action of mandamus
14 in the court of common pleas of the county in which the
15 operation which relates to the alleged lack of enforcement is
16 being conducted. The court, if satisfied that any provision of
17 this act is not being enforced, may make an appropriate order
18 compelling the public officer or employee whose duty it is to
19 enforce such provision to perform his duties and, upon failure
20 to do so, the public officer or employee shall be held in
21 contempt of court and shall be subject to the penalties provided
22 by the laws of the Commonwealth in such cases.
23 Section 15. Existing licenses and permits.
24 Any surface mining operator's license or surface mining
25 permit existing on the effective date of this act shall remain
26 in effect until the license or permit expires under its terms or
27 is otherwise terminated under the provisions of this act.
28 Section 16. Repeals.
29 All acts and parts of acts are repealed insofar as they are
30 inconsistent with this act.
19830H1176B3557 - 28 -
1 Section 17. Effective date.
2 This act shall take effect in 60 days.
3 SECTION 1. SHORT TITLE. <--
4 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE NONCOAL
5 SURFACE MINING CONSERVATION AND RECLAMATION ACT.
6 SECTION 2. PURPOSE OF ACT.
7 THIS ACT SHALL BE DEEMED TO BE AN EXERCISE OF THE POLICE
8 POWERS OF THE COMMONWEALTH FOR THE GENERAL WELFARE OF THE PEOPLE
9 OF THIS COMMONWEALTH, TO PROVIDE FOR THE CONSERVATION AND
10 IMPROVEMENT OF AREAS OF LAND AFFECTED IN THE SURFACE MINING OF
11 NONCOAL MINERALS, TO AID IN THE PROTECTION OF BIRDS AND
12 WILDLIFE, TO ENHANCE THE VALUE OF THE LAND FOR TAXATION, TO
13 DECREASE SOIL EROSION, TO AID IN THE PREVENTION OF THE POLLUTION
14 OF RIVERS AND STREAMS, TO PROTECT AND MAINTAIN WATER SUPPLY, TO
15 PROTECT LAND, TO ENHANCE LAND USE MANAGEMENT AND PLANNING, TO
16 PREVENT AND ELIMINATE HAZARDS TO HEALTH AND SAFETY AND GENERALLY
17 TO IMPROVE THE USE AND ENJOYMENT OF THE LANDS.
18 SECTION 3. DEFINITIONS.
19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
20 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
21 CONTEXT CLEARLY INDICATES OTHERWISE:
22 "ACTIVE OPERATION." AN OPERATION WHERE A MINIMUM OF 500 TONS
23 OF MINERALS FOR COMMERCIAL PURPOSES HAVE BEEN REMOVED IN THE
24 PRECEDING CALENDAR YEAR.
25 "APPROXIMATE ORIGINAL CONTOUR." CONTOURING AS DEFINED IN
26 THIS ACT.
27 "CASH." INCLUDES, WHEN USED IN REGARD TO BOND REQUIREMENTS,
28 NEGOTIABLE CERTIFICATES OF DEPOSIT.
29 "CONSERVATION DISTRICT." ANY COUNTY IN THE COMMONWEALTH
30 WHOSE COUNTY GOVERNING BODY HAS, BY RESOLUTION, DECLARED THE
19830H1176B3557 - 29 -
1 COUNTY TO BE A CONSERVATION DISTRICT UNDER THE ACT OF MAY 15,
2 1945 (P.L.547, NO.217), KNOWN AS THE SOIL CONSERVATION LAW.
3 "CONTOURING." RECLAMATION OF THE LAND AFFECTED TO
4 APPROXIMATE ORIGINAL CONTOUR SO THAT IT CLOSELY RESEMBLES THE
5 GENERAL SURFACE CONFIGURATION OF THE LAND PRIOR TO MINING AND
6 BLENDS INTO AND COMPLEMENTS THE DRAINAGE PATTERN OF THE
7 SURROUNDING TERRAIN WITH NO HIGHWALL, SPOIL PILES OR DEPRESSIONS
8 TO ACCUMULATE WATER AND WITH ADEQUATE PROVISIONS FOR DRAINAGE.
9 "DEGREE." THE INCLINATION FROM THE HORIZONTAL.
10 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL RESOURCES.
11 "FUND." THE NONCOAL SURFACE MINING CONSERVATION AND
12 RECLAMATION FUND.
13 "LAND." THE SURFACE OF THE LAND UPON WHICH SURFACE MINING IS
14 CONDUCTED.
15 "LANDOWNER." THE PERSON OR MUNICIPALITY IN WHOM LEGAL TITLE
16 TO THE LAND IS VESTED.
17 "LEASE." A DOCUMENT THAT TRANSFERS OR CONVEYS TITLE TO OR
18 RIGHTS IN MINERALS IN PLACE, TOGETHER WITH THE RIGHT TO REMOVE
19 THE MINERALS. THE TERM INCLUDES LEASES, MINING LEASES, DEEDS OF
20 SEVERANCE AND DEEDS CONVEYING TITLE TO OR RIGHTS IN MINERALS
21 PREVIOUSLY SEVERED FROM THE SURFACE INTEREST.
22 "MINERALS." ANY AGGREGATE OR MASS OF MINERAL MATTER, WHETHER
23 OR NOT COHERENT, THAT IS EXTRACTED BY SURFACE MINING. THE TERM
24 INCLUDES, BUT IS NOT LIMITED TO, LIMESTONE AND DOLOMITE, SAND
25 AND GRAVEL, ROCK AND STONE, EARTH, FILL, SLAG, IRON ORE, ZINC
26 ORE, VERMICULITE AND CLAY; BUT IT DOES NOT INCLUDE ANTHRACITE OR
27 BITUMINOUS COAL OR COAL REFUSE, EXCEPT AS PROVIDED IN SECTION 4,
28 OR PEAT.
29 "MUNICIPALITY." ANY COUNTY, CITY, BOROUGH, INCORPORATED
30 TOWN, TOWNSHIP, SCHOOL DISTRICT, INSTITUTION OR ANY AUTHORITY
19830H1176B3557 - 30 -
1 CREATED BY ANY ONE OR MORE OF THE FOREGOING.
2 "OPERATION." THE PIT LOCATED UPON A SINGLE TRACT OF LAND OR
3 A CONTINUOUS PIT EMBRACING OR EXTENDING UPON TWO OR MORE
4 CONTIGUOUS TRACTS OF LAND.
5 "OPERATOR." A PERSON OR MUNICIPALITY ENGAGED IN SURFACE
6 MINING AS A PRINCIPAL, AS DISTINGUISHED FROM AN AGENT OR
7 INDEPENDENT CONTRACTOR. WHERE MORE THAN ONE PERSON IS ENGAGED IN
8 SURFACE MINING ACTIVITIES IN A SINGLE OPERATION, THEY SHALL BE
9 DEEMED JOINTLY AND SEVERALLY RESPONSIBLE FOR COMPLIANCE WITH THE
10 PROVISIONS OF THIS ACT.
11 "OVERBURDEN." THE STRATA OR MATERIAL OVERLYING A MINERAL
12 DEPOSIT OR IN BETWEEN MINERAL DEPOSITS IN ITS NATURAL STATE
13 BEFORE OR AFTER ITS REMOVAL BY SURFACE MINING.
14 "PERSON." ANY NATURAL PERSON, PARTNERSHIP, ASSOCIATION,
15 CORPORATION OR MUNICIPALITY OR ANY AGENCY, INSTRUMENTALITY OR
16 ENTITY OF FEDERAL OR STATE GOVERNMENT.
17 "PIT." THE PLACE WHERE ANY MINERALS ARE BEING MINED BY
18 SURFACE MINING.
19 "SECRETARY." THE SECRETARY OF ENVIRONMENTAL RESOURCES.
20 "SPOIL PILE." THE OVERBURDEN AND REJECT MINERALS AS PILED OR
21 DEPOSITED IN SURFACE MINING.
22 "SURFACE MINING." THE EXTRACTION OF MINERALS FROM THE EARTH,
23 FROM WASTE OR STOCKPILES OR FROM PITS OR FROM BANKS BY REMOVING
24 THE STRATA OR MATERIAL THAT OVERLIES OR IS ABOVE OR BETWEEN THEM
25 OR OTHERWISE EXPOSING AND RETRIEVING THEM FROM THE SURFACE,
26 INCLUDING, BUT NOT LIMITED TO, STRIP, AUGER MINING, DREDGING,
27 QUARRYING AND LEACHING AND ALL SURFACE ACTIVITY CONNECTED WITH
28 SURFACE OR UNDERGROUND MINING, INCLUDING, BUT NOT LIMITED TO,
29 EXPLORATION, SITE PREPARATION, ENTRY, TUNNEL, DRIFT, SLOPE,
30 SHAFT AND BOREHOLE DRILLING AND CONSTRUCTION AND ACTIVITIES
19830H1176B3557 - 31 -
1 RELATED THERETO; BUT IT DOES NOT INCLUDE THOSE MINING OPERATIONS
2 CARRIED OUT BENEATH THE SURFACE BY MEANS OF SHAFTS, TUNNELS OR
3 OTHER UNDERGROUND MINE OPENINGS. THE TERM DOES NOT INCLUDE ANY
4 OF THE FOLLOWING:
5 (1) THE EXTRACTION OF MINERALS BY A LANDOWNER FOR HIS
6 OWN NONCOMMERCIAL USE FROM LAND OWNED OR LEASED BY HIM.
7 (2) THE EXTRACTION OF SAND, GRAVEL, ROCK, STONE, EARTH
8 OR FILL FROM BORROW PITS FOR HIGHWAY CONSTRUCTION PURPOSES OR
9 THE EXTRACTION OF MINERALS PURSUANT TO CONSTRUCTION CONTRACTS
10 WITH THE COMMONWEALTH OR ANY AGENCY THEREOF IF THE WORK IS
11 PERFORMED UNDER A BOND, CONTRACT AND SPECIFICATIONS THAT
12 SUBSTANTIALLY PROVIDE FOR AND REQUIRE RECLAMATION OF THE AREA
13 AFFECTED IN THE MANNER PROVIDED BY THIS ACT.
14 (3) THE HANDLING, PROCESSING OR STORAGE OF SLAG ON THE
15 PREMISES OF A MANUFACTURER AS A PART OF THE MANUFACTURING
16 PROCESS.
17 (4) THOSE DREDGING OPERATIONS THAT ARE CARRIED OUT IN
18 THE RIVERS AND STREAMS OF THE COMMONWEALTH AND IN LAKE ERIE.
19 "TERRACING." GRADING WHERE THE STEEPEST CONTOUR OF THE
20 HIGHWALL IS NOT GREATER THAN 35 DEGREES FROM THE HORIZONTAL,
21 WITH THE TABLE PORTION OF THE RESTORED AREA A FLAT TERRACE
22 WITHOUT DEPRESSIONS TO HOLD WATER AND WITH ADEQUATE PROVISION
23 FOR DRAINAGE, UNLESS OTHERWISE APPROVED BY THE DEPARTMENT.
24 "TRACT." A SINGLE PARCEL OF LAND OR TWO OR MORE CONTIGUOUS
25 PARCELS OF LAND WITH COMMON OWNERSHIP OR CONTROL.
26 SECTION 4. RELATIONSHIP TO COAL MINING.
27 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), ALL
28 SURFACE MINING OPERATIONS WHERE THE EXTRACTION OF COAL IS
29 INCIDENTAL TO THE EXTRACTION OF MINERALS AND WHERE THE COAL
30 EXTRACTED DOES NOT EXCEED 16 2/3% OF THE TONNAGE OF MATERIALS
19830H1176B3557 - 32 -
1 REMOVED FOR PURPOSES OF COMMERCIAL USE OR SALE SHALL BE SUBJECT
2 TO THIS ACT AND SHALL NOT BE SUBJECT TO THE ACT OF MAY 31, 1945
3 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
4 RECLAMATION ACT. FOR PURPOSES OF THIS SECTION, COAL EXTRACTION
5 SHALL BE INCIDENTAL WHEN THE COAL IS GEOLOGICALLY LOCATED ABOVE
6 THE MINERAL TO BE MINED AND IS EXTRACTED IN ORDER TO MINE THAT
7 MINERAL.
8 (B) CERTAIN PROVISIONS OF SURFACE MINING CONSERVATION AND
9 RECLAMATION ACT APPLICABLE.--ALL SURFACE MINING OPERATIONS WHERE
10 THE EXTRACTION OF COAL IS INCIDENTAL TO THE EXTRACTION OF
11 MINERALS AND WHERE THE COAL EXTRACTED DOES NOT EXCEED 16 2/3% OF
12 THE TONNAGE OF MATERIALS REMOVED FOR PURPOSES OF COMMERCIAL USE
13 OR SALE SHALL BE SUBJECT TO SECTION 4.5(A) TO (G), INCLUSIVE, OF
14 THE SURFACE MINING CONSERVATION AND RECLAMATION ACT.
15 SECTION 5. OPERATOR'S LICENSE.
16 (A) GENERAL RULE.--NO PERSON SHALL CONDUCT A SURFACE MINING
17 OPERATION UNLESS THE PERSON HAS FIRST APPLIED FOR AND OBTAINED A
18 LICENSE FROM THE DEPARTMENT. THE DEPARTMENT MAY REQUIRE THE
19 INFORMATION IN THE LICENSE APPLICATION AS IT DEEMS NECESSARY TO
20 CARRY OUT THE PURPOSES OF THIS ACT. THE APPLICATION FOR RENEWAL
21 OF A LICENSE SHALL BE MADE ANNUALLY AT LEAST 60 DAYS BEFORE THE
22 CURRENT LICENSE EXPIRES. THE TERM OF THE LICENSE SHALL BE
23 SPECIFIED IN THE LICENSE AND SHALL NOT EXCEED ONE YEAR.
24 (B) FEES.--THE INITIAL APPLICATION FOR A LICENSE SHALL BE
25 ACCOMPANIED BY A FEE OF $50 IN THE CASE OF PERSONS MINING 2,000
26 TONS OR LESS OF MARKETABLE MINERALS PER YEAR AND A FEE OF $500
27 IN THE CASE OF PERSONS MINING MORE THAN 2,000 TONS OF MARKETABLE
28 MINERALS PER YEAR. ALL PERSONS HAVING A SURFACE MINING
29 OPERATOR'S LICENSE SHALL RENEW THE LICENSE ANNUALLY AND SHALL
30 PAY FOR EACH LICENSE RENEWAL A FEE OF $50 IN THE CASE OF PERSONS
19830H1176B3557 - 33 -
1 MINING 2,000 TONS OR LESS OF MARKETABLE MINERALS PER YEAR AND A
2 FEE OF $300 IN THE CASE OF ALL OTHER PERSONS.
3 (C) NONISSUANCE, NONRENEWAL OR AMENDMENT.--THE DEPARTMENT
4 SHALL NOT ISSUE ANY SURFACE MINING OPERATOR'S LICENSE OR RENEW
5 OR AMEND ANY LICENSE IF IT FINDS, AFTER INVESTIGATION AND AN
6 OPPORTUNITY FOR INFORMAL HEARING, THAT A PERSON, PARTNER,
7 ASSOCIATE, OFFICER, PARENT CORPORATION OR SUBSIDIARY CORPORATION
8 HAS BEEN SUBJECT TO A BOND FORFEITURE UNDER THIS ACT OR ANY OF
9 THE STATUTES ENUMERATED IN SECTION 7(C)(9) OR HAS FAILED TO
10 COMPLY WITH AN ADJUDICATED PROCEEDING, ORDER, CONSENT ORDER AND
11 AGREEMENT OR DECREE UNDER THIS ACT OR ANY OF THE STATUTES
12 ENUMERATED IN SECTION 7(C)(9). IN ADDITION, THE DEPARTMENT SHALL
13 NOT RENEW ANY LICENSE FOR ANY OPERATOR WHO USES THE PROVISIONS
14 OF SECTION 9(G), UNLESS THE OPERATOR SUBMITS HIS ANNUAL PAYMENT
15 UNDER SECTION 9(G) WITH HIS LICENSE RENEWAL APPLICATION.
16 (D) NOTIFICATION OF INTENT NOT TO RENEW.--IF THE DEPARTMENT
17 INTENDS NOT TO RENEW A LICENSE, IT SHALL NOTIFY THE LICENSEE OF
18 THAT FACT AT LEAST 60 DAYS PRIOR TO THE EXPIRATION OF THE
19 LICENSE. PRIOR TO THE EXPIRATION, THE LICENSEE SHALL BE PROVIDED
20 AN OPPORTUNITY FOR AN INFORMAL HEARING. ANY PERSON WHO OPPOSES
21 THE DEPARTMENT'S DECISION ON ISSUANCE OR RENEWAL OF A LICENSE
22 SHALL HAVE THE BURDEN OF PROOF.
23 (E) INSURANCE.--THE APPLICATION FOR LICENSE OR RENEWAL FOR
24 OPERATORS WHO EXTRACTED MORE THAN 2,000 TONS OF MARKETABLE
25 MINERALS IN THE PREVIOUS YEAR OR WHO PLAN TO EXTRACT MORE THAN
26 2,000 TONS OF MARKETABLE MINERALS IN THE CURRENT YEAR SHALL BE
27 ACCOMPANIED BY A CERTIFICATE OF INSURANCE. THE CERTIFICATE SHALL
28 CERTIFY THAT THE APPLICANT HAS IN FORCE A PUBLIC LIABILITY
29 INSURANCE POLICY, ISSUED BY AN INSURANCE COMPANY AUTHORIZED TO
30 DO BUSINESS IN THIS COMMONWEALTH, COVERING ALL SURFACE MINING
19830H1176B3557 - 34 -
1 OPERATIONS OF THE APPLICANT IN THIS COMMONWEALTH AND AFFORDING
2 PERSONAL INJURY AND PROPERTY DAMAGE PROTECTION, TO BE WRITTEN
3 FOR THE TERM OF THE LICENSE OR RENEWAL. THE TOTAL AMOUNT OF
4 INSURANCE SHALL BE IN AN AMOUNT ADEQUATE TO COMPENSATE ANY
5 PERSONS DAMAGED AS A RESULT OF SURFACE MINING OPERATIONS,
6 INCLUDING, BUT NOT LIMITED TO, USE OF EXPLOSIVES, AND ENTITLED
7 TO COMPENSATION UNDER THE APPLICABLE PROVISIONS OF STATE LAW.
8 THE TOTAL AMOUNT SHALL BE PRESCRIBED BY REGULATION. THE OPERATOR
9 SHALL PROVIDE LIABILITY INSURANCE OR BOND GUARANTEES FOR
10 REPLACEMENT OR RESTORATION OF WATER SUPPLIES AS REQUIRED UNDER
11 SECTION 11(G) WITH THE LICENSE APPLICATION UNDER THIS SECTION OR
12 AS PART OF EACH SURFACE MINING PERMIT APPLICATION UNDER SECTION
13 7 WHERE THE DEPARTMENT DETERMINES THAT THE OPERATION MAY
14 CONTAMINATE, DIMINISH OR INTERRUPT ONE OR MORE WATER SUPPLIES.
15 (F) OPPORTUNITY FOR HEARING BEFORE REVOCATION OR
16 SUSPENSION.--IF THE DEPARTMENT INTENDS TO REVOKE OR SUSPEND A
17 LICENSE, IT SHALL PROVIDE AN OPPORTUNITY FOR AN INFORMAL HEARING
18 BEFORE SUSPENDING OR REVOKING THE LICENSE. FIFTEEN DAYS NOTICE
19 OF THE INFORMAL HEARING SHALL BE GIVEN UNLESS THE DEPARTMENT
20 DETERMINES THAT A SHORTER PERIOD IS IN THE PUBLIC INTEREST.
21 SECTION 6. SPECIFICATIONS FOR CONSTRUCTION PROJECTS.
22 IT SHALL BE THE DUTY OF THE ARCHITECTS, ENGINEERS OR OTHER
23 PERSONS PREPARING SPECIFICATIONS FOR CONSTRUCTION PROJECTS,
24 WHICH SPECIFICATIONS INCLUDE THE REQUIREMENT THAT THE
25 CONSTRUCTION CONTRACTOR SUPPLY FILL FOR THE PROJECT, TO INCLUDE
26 WITHIN THE SPECIFICATIONS A SPECIFIC REFERENCE TO THIS ACT AND
27 THE REGULATIONS PERTAINING TO THIS ACT ADOPTED BY THE
28 DEPARTMENT. IF SUCH A REFERENCE IS OMITTED FROM THE
29 SPECIFICATIONS, AND RECLAMATION AND PLANTING OF THE LAND FROM
30 WHICH THE FILL WAS REMOVED BY THE CONSTRUCTION CONTRACTOR IS
19830H1176B3557 - 35 -
1 REQUIRED UNDER THIS ACT, ANY CONTRACT BASED ON THE
2 SPECIFICATIONS MAY BE AMENDED, AT THE OPTION OF THE CONSTRUCTION
3 CONTRACTOR, TO ALLOW A REASONABLE PRICE FOR THE RECLAMATION AND
4 PLANTING OF THE LAND AFFECTED IN ACCORDANCE WITH A PLAN
5 ACCEPTABLE TO THE SECRETARY.
6 SECTION 7. MINING PERMIT; RECLAMATION PLAN.
7 (A) PERMIT REQUIRED.--EXCEPT AS PROVIDED IN SECTION 24, NO
8 PERSON SHALL OPERATE A SURFACE MINE OR ALLOW A DISCHARGE FROM A
9 SURFACE MINE UNLESS THE PERSON HAS FIRST OBTAINED A PERMIT FROM
10 THE DEPARTMENT IN ACCORDANCE WITH THIS ACT AND UNLESS THE PERSON
11 IS OPERATING IN ACCORDANCE WITH THE CONDITIONS PROVIDED IN THE
12 PERMIT AS WELL AS THE APPLICABLE STATUTES AND REGULATIONS. THE
13 DEPARTMENT MAY IMPOSE THE PERMIT CONDITIONS AS ARE NECESSARY TO
14 CARRY OUT THE PURPOSES OF THIS ACT. THE DEPARTMENT IS AUTHORIZED
15 TO CHARGE AND COLLECT FROM PERSONS A REASONABLE FILING FEE,
16 WHICH SHALL NOT EXCEED THE COST OF REVIEWING, ADMINISTERING AND
17 ENFORCING THE PERMIT.
18 (B) MAP OR PLAN REQUIRED.--AS A PART OF EACH APPLICATION FOR
19 A PERMIT, THE OPERATOR SHALL FURNISH AN ACCURATELY SURVEYED MAP
20 OR PLAN, IN QUADRUPLICATE, ON A SCALE SATISFACTORY TO THE
21 DEPARTMENT, BUT IN NO EVENT LESS THAN 1:25,000, SHOWING THE
22 LOCATION OF THE TRACT OR TRACTS OF LAND TO BE AFFECTED BY THE
23 OPERATION CONTEMPLATED AND CROSS SECTIONS AT INTERVALS AS THE
24 DEPARTMENT MAY PRESCRIBE. THE SURVEYED MAP OR PLAN AND CROSS
25 SECTIONS SHALL BE CERTIFIED BY A REGISTERED PROFESSIONAL
26 ENGINEER OR A REGISTERED PROFESSIONAL LAND SURVEYOR WITH
27 ASSISTANCE FROM EXPERTS IN RELATED FIELDS AND SHALL INCLUDE THE
28 FOLLOWING:
29 (1) THE BOUNDARIES OF THE PROPOSED LAND AFFECTED,
30 TOGETHER WITH THE DRAINAGE AREA ABOVE AND BELOW THE AREA.
19830H1176B3557 - 36 -
1 (2) THE LOCATION AND NAMES OF ALL STREAMS, ROADS,
2 RAILROADS AND UTILITY LINES ON OR IMMEDIATELY ADJACENT TO THE
3 AREA.
4 (3) THE LOCATION OF ALL BUILDINGS WITHIN 1,000 FEET OF
5 THE OUTER PERIMETER OF THE AREA AFFECTED AND THE NAMES AND
6 ADDRESSES OF THE OWNERS AND PRESENT OCCUPANTS.
7 (4) THE PURPOSE FOR WHICH EACH BUILDING IS USED.
8 (5) THE NAME OF THE OWNER OF THE AFFECTED AREA AND THE
9 NAMES OF ADJACENT LANDOWNERS, THE MUNICIPALITY AND THE
10 COUNTY.
11 THE MAP OR PLAN SHALL ALSO SHOW THE RESULTS OF TEST BORINGS
12 WHICH THE OPERATOR HAS CONDUCTED OR WILL CONDUCT AT THE SITE OF
13 THE PROPOSED OPERATION AND SHALL INCLUDE THE NATURE AND DEPTH OF
14 THE VARIOUS STRATA, THE THICKNESS OF ANY MINERAL SEAM, THE CROP
15 LINE OF ANY MINERALS TO BE MINED, THE LOCATION OF TEST BORING
16 HOLES AND, IF REQUIRED BY THE DEPARTMENT, A COMPLETE ANALYSIS OF
17 THE MINERAL SEAM OR MINERAL TO BE MINED AND AN OVERBURDEN
18 ANALYSIS. AERIAL PHOTOGRAPHS OF THE TRACT OR TRACTS OF LAND TO
19 BE AFFECTED BY THE OPERATION SHALL ALSO BE PROVIDED IF
20 PHOTOGRAPHS ARE REQUIRED BY THE DEPARTMENT.
21 (C) RECLAMATION PLAN.--THE APPLICANT SHALL ALSO SUBMIT A
22 COMPLETE AND DETAILED PLAN FOR THE RECLAMATION OF THE LAND
23 AFFECTED. EACH PLAN SHALL INCLUDE THE FOLLOWING:
24 (1) A STATEMENT OF THE USES AND PRODUCTIVITY OF THE LAND
25 PROPOSED TO BE MINED.
26 (2) A STATEMENT OF THE LAND USE PROPOSED FOR THE
27 AFFECTED AREA AFTER SURFACE MINING AND RECLAMATION ARE
28 COMPLETED, INCLUDING A PLAN FOR RESTORING THE AREA TO
29 APPROXIMATE ORIGINAL CONTOUR OR AN ALTERNATIVE TO APPROXIMATE
30 ORIGINAL CONTOUR SUCH AS TERRACING. THE STATEMENT SHALL
19830H1176B3557 - 37 -
1 INCLUDE ONE OF THE FOLLOWING:
2 (I) A DESCRIPTION OF THE OPERATOR'S PLAN TO RESTORE
3 THE AREA TO BE AFFECTED BY SURFACE MINING TO APPROXIMATE
4 ORIGINAL CONTOUR. THE STATEMENT MUST DEMONSTRATE THAT THE
5 OPERATION WILL RESTORE THE LAND AFFECTED TO A CONDITION
6 CAPABLE OF SUPPORTING THE USES IT WAS CAPABLE OF
7 SUPPORTING PRIOR TO ANY MINING OR ANY HIGHER OR BETTER
8 USES.
9 (II) A DEMONSTRATION THAT THE PROPOSED OPERATION
10 WILL BE CARRIED OUT OVER A SUBSTANTIAL PERIOD OF TIME,
11 THAT THE THICKNESS OF THE MINERAL DEPOSIT PROPOSED TO BE
12 MINED, RELATIVE TO THE VOLUME OF OVERBURDEN, IS VERY
13 LARGE, AND THAT THE OVERBURDEN AND OTHER SPOIL MATERIALS
14 AT THE PERMIT AREA ARE INSUFFICIENT TO RESTORE THE AREA
15 TO APPROXIMATE ORIGINAL CONTOUR. WHERE THE APPLICANT
16 MAKES THAT DEMONSTRATION, HE SHALL ALSO INCLUDE A
17 DESCRIPTION OF HIS ALTERNATIVE TO CONTOURING, IN
18 CONJUNCTION WITH SUCH PROPOSED LAND USES AS WATER
19 IMPOUNDMENT, WATER-ORIENTED REAL ESTATE DEVELOPMENT,
20 RECREATIONAL DEVELOPMENT, INDUSTRIAL SITE DEVELOPMENT OR
21 SOLID WASTE DISPOSAL AREA DEVELOPMENT. THE APPLICANT MUST
22 SHOW THAT THE ALTERNATIVE TO CONTOURING IS LIKELY TO BE
23 ACHIEVED, POSES NO ACTUAL OR POTENTIAL THREAT TO PUBLIC
24 HEALTH OR SAFETY, OR OF WATER DIMINUTION, CONTAMINATION,
25 INTERRUPTION OR POLLUTION AND IS CONSISTENT WITH
26 APPLICABLE LAND USE POLICIES, PLANS AND PROGRAMS AS WELL
27 AS FEDERAL, STATE OR LOCAL LAW. IN ADDITION, THE
28 APPLICANT MUST DEMONSTRATE THAT THE LAND AFFECTED WILL,
29 AFTER MINING AND RECLAMATION HAS BEEN COMPLETED, BE
30 CAPABLE OF SUPPORTING THE HIGHEST OR BEST USE IT CAN
19830H1176B3557 - 38 -
1 REASONABLY SUPPORT.
2 (III) WHERE THE APPLICANT DOES NOT MEET THE
3 REQUIREMENTS OF SUBPARAGRAPH (II), BUT SEEKS AN
4 ALTERNATIVE TO CONTOURING, A DESCRIPTION OF THE
5 OPERATOR'S ALTERNATIVE TO CONTOURING, INCLUDING A
6 DEMONSTRATION THAT THE OPERATION WILL RESTORE THE LAND
7 AFFECTED TO A CONDITION CAPABLE OF SUPPORTING THE USES IT
8 WAS CAPABLE OF SUPPORTING PRIOR TO ANY MINING OR TO ANY
9 HIGHER OR BETTER USE. THE APPLICATION MUST ALSO
10 DEMONSTRATE THAT THE ALTERNATIVE IS ACCEPTABLE TO THE
11 LANDOWNER, THAT NO HIGHWALLS WILL REMAIN AFTER MINING,
12 THAT THE WATERSHED OF THE AREA WILL BE IMPROVED, AND THAT
13 THE PROPOSED USE HAS BEEN DESIGNED AND CERTIFIED BY A
14 REGISTERED PROFESSIONAL ENGINEER TO ASSURE THE STABILITY,
15 DRAINAGE AND CONFIGURATION NECESSARY FOR THE INTENDED USE
16 OF THE SITE. THE DESCRIPTION OF THE ALTERNATIVE TO
17 CONTOURING SHALL INCLUDE SUCH PROPOSED LAND USES AS WATER
18 IMPOUNDMENT, WATER-ORIENTED REAL ESTATE DEVELOPMENT,
19 RECREATIONAL DEVELOPMENT, INDUSTRIAL SITE DEVELOPMENT OR
20 SOLID WASTE DISPOSAL AREA DEVELOPMENT. THE APPLICANT MUST
21 ALSO DEMONSTRATE THAT THE ALTERNATIVE TO CONTOURING IS
22 LIKELY TO BE ACHIEVED; POSES NO ACTUAL OR POTENTIAL
23 THREAT TO PUBLIC HEALTH OR SAFETY; OR OF WATER
24 DIMINUTION, INTERRUPTION, CONTAMINATION OR POLLUTION.
25 (3) A DESCRIPTION OF THE MANNER IN WHICH THE OPERATION
26 WILL SEGREGATE AND CONSERVE TOPSOIL AND, IF NECESSARY,
27 SUITABLE SUBSOIL OR AN EXPLANATION THAT THE AREA LACKS
28 TOPSOIL AND SUBSOIL THAT CAN BE SEGREGATED AND CONSERVED.
29 WHERE THE PROPOSED POSTMINING LAND USE DOES NOT INVOLVE
30 REVEGETATION, THE OPERATOR SHALL ALSO STATE THE MANNER IN
19830H1176B3557 - 39 -
1 WHICH HE PLANS TO USE OR SELL THE TOPSOIL OR SUBSOIL TO
2 INSURE ITS CONTINUING PRODUCTIVITY.
3 (4) WHERE THE PROPOSED LAND USE SO REQUIRES, A
4 DESCRIPTION OF THE MANNER IN WHICH REPLACEMENT AND COMPACTION
5 OF THE OVERBURDEN AND SOIL WILL BE ACCOMPLISHED.
6 (5) A DETAILED TIMETABLE FOR THE ACCOMPLISHMENT OF EACH
7 MAJOR STEP IN THE RECLAMATION PLAN AND THE OPERATOR'S
8 ESTIMATE OF THE COST OF EACH STEP AND THE TOTAL COST TO THE
9 OPERATOR OF THE RECLAMATION PROGRAM.
10 (6) A PLAN FOR ESTABLISHING A DIVERSE, EFFECTIVE AND
11 PERMANENT VEGETATIVE COVER OF THE SAME SEASONAL VARIETY
12 NATIVE TO THE AREA TO BE AFFECTED AND CAPABLE OF SELF-
13 REGENERATION AND PLANT SUCCESSION AT LEAST EQUAL IN EXTENT OF
14 COVER TO THE NATURAL VEGETATION OF THE AREA. HOWEVER,
15 INTRODUCED SPECIES MAY BE USED IN THE REVEGETATION PROCESS
16 WHERE DESIRABLE AND NECESSARY TO ACHIEVE THE APPROVED
17 POSTMINING LAND USE PLAN. WHERE THE PROPOSED POSTMINING LAND
18 USE IS A LONG-TERM, INTENSIVE, AGRICULTURAL USE, THE
19 DEPARTMENT MAY WAIVE THE REQUIREMENTS OF THIS PARAGRAPH, IF
20 THE APPLICANT DEMONSTRATES THAT THE AREA WILL BE RESTORED TO
21 A CONDITION CAPABLE OF SUPPORTING THAT USE. WHERE THE
22 PROPOSED POSTMINING LAND USE DOES NOT INVOLVE ANY VEGETATION,
23 THE APPLICANT SHALL DEMONSTRATE THAT THE AREA WILL BE
24 STABILIZED TO PREVENT AND CONTROL EROSION AND SILTATION.
25 (7) IF THE PERMIT APPLICATION IS BASED UPON LEASES NOT
26 IN EXISTENCE ON JANUARY 1, 1972, THE APPLICATION SHALL
27 INCLUDE, UPON A FORM PREPARED BY THE DEPARTMENT, THE WRITTEN
28 CONSENT OF THE LANDOWNER TO ENTRY UPON ANY LAND TO BE
29 AFFECTED BY THE OPERATION AND BY THE COMMONWEALTH AND ANY OF
30 ITS AUTHORIZED AGENTS PRIOR TO THE INITIATION OF SURFACE
19830H1176B3557 - 40 -
1 MINING OPERATIONS, DURING SURFACE MINING OPERATIONS AND FOR A
2 PERIOD OF FIVE YEARS AFTER THE OPERATION IS COMPLETED OR
3 ABANDONED FOR THE PURPOSE OF RECLAMATION, PLANTING AND
4 INSPECTION OR FOR THE CONSTRUCTION OF ANY POLLUTION ABATEMENT
5 FACILITIES AS MAY BE DEEMED NECESSARY BY THE DEPARTMENT FOR
6 THE PURPOSE OF THIS ACT. IF THE PERMIT APPLICATION IS BASED
7 UPON LEASES IN EXISTENCE ON OR BEFORE JANUARY 1, 1972, THE
8 APPLICATION FOR PERMIT SHALL INCLUDE, UPON A FORM PRESCRIBED
9 AND FURNISHED BY THE DEPARTMENT, A NOTICE OF THE EXISTENCE OF
10 THE LEASE AND A DESCRIPTION OF THE CHAIN OF TITLE.
11 (8) THE MANNER IN WHICH THE OPERATOR PLANS TO CONTROL
12 SURFACE WATER DRAINAGE, INCLUDING A PRACTICABLE METHOD OF
13 PREVENTING OR AVOIDING SURFACE AND GROUNDWATER POLLUTION.
14 (9) THE MANNER IN WHICH THE OPERATOR PLANS TO COMPLY
15 WITH THE REQUIREMENTS OF THE ACT OF JANUARY 8, 1960 (1959
16 P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL ACT;
17 THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE
18 CLEAN STREAMS LAW; AND, WHERE APPLICABLE, THE ACT OF
19 SEPTEMBER 24, 1968 (P.L.1040, NO.318), KNOWN AS THE COAL
20 REFUSE DISPOSAL CONTROL ACT; THE ACT OF JULY 31, 1968
21 (P.L.788, NO.241), KNOWN AS THE PENNSYLVANIA SOLID WASTE
22 MANAGEMENT ACT, OR THE ACT OF JULY 7, 1980 (P.L.380, NO.97),
23 KNOWN AS THE SOLID WASTE MANAGEMENT ACT; THE ACT OF NOVEMBER
24 26, 1978 (P.L.1375, NO.325), KNOWN AS THE DAM SAFETY AND
25 ENCROACHMENTS ACT; AND THE ACT OF MAY 31, 1945 (P.L.1198,
26 NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
27 RECLAMATION ACT.
28 (10) SUCH OTHER INFORMATION AS THE DEPARTMENT MAY
29 REQUIRE.
30 SECTION 8. PERMIT APPROVAL OR DENIAL.
19830H1176B3557 - 41 -
1 (A) GENERAL RULE.--NO PERMIT SHALL BE ISSUED UNDER THIS ACT
2 UNLESS THE APPLICANT AFFIRMATIVELY DEMONSTRATES THAT:
3 (1) THE PERMIT APPLICATION IS ACCURATE AND COMPLETE AND
4 THAT ALL REQUIREMENTS OF THIS ACT AND THE REGULATIONS
5 PROMULGATED HEREUNDER HAVE BEEN COMPLIED WITH.
6 (2) THE OPERATION AND RECLAMATION PLAN CONTAINED IN THE
7 APPLICATION CAN BE ACCOMPLISHED AS REQUIRED BY THIS ACT AND
8 REGULATIONS.
9 (3) THE OPERATION WILL NOT CAUSE POLLUTION TO THE WATERS
10 OF THIS COMMONWEALTH.
11 (B) GROUNDS FOR REFUSAL TO ISSUE, RENEW OR AMEND PERMIT.--
12 (1) THE DEPARTMENT SHALL NOT ISSUE ANY SURFACE MINING
13 PERMIT OR RENEW OR AMEND ANY PERMIT IF IT FINDS, AFTER
14 INVESTIGATION AND AN OPPORTUNITY FOR AN INFORMAL HEARING,
15 THAT:
16 (I) THE APPLICANT HAS FAILED AND CONTINUES TO FAIL
17 TO COMPLY WITH ANY OF THE PROVISIONS OF THIS ACT OR THE
18 ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS THE
19 SURFACE MINING CONSERVATION AND RECLAMATION ACT; OR
20 (II) THE APPLICANT HAS SHOWN A LACK OF ABILITY OR
21 INTENTION TO COMPLY WITH ANY PROVISION OF THIS ACT OR THE
22 SURFACE MINING CONSERVATION AND RECLAMATION ACT, AS
23 INDICATED BY PAST OR CONTINUING VIOLATIONS.
24 ANY PERSON, PARTNERSHIP, ASSOCIATION OR CORPORATION THAT HAS
25 ENGAGED IN UNLAWFUL CONDUCT, AS DEFINED IN SECTION 23, OR
26 THAT HAS A PARTNER, ASSOCIATE, OFFICER, PARENT CORPORATION,
27 SUBSIDIARY CORPORATION, CONTRACTOR OR SUBCONTRACTOR THAT HAS
28 ENGAGED IN SUCH UNLAWFUL CONDUCT SHALL BE DENIED ANY PERMIT
29 REQUIRED BY THIS ACT UNLESS THE PERMIT APPLICATION
30 DEMONSTRATES THAT THE UNLAWFUL CONDUCT IS BEING CORRECTED TO
19830H1176B3557 - 42 -
1 THE SATISFACTION OF THE DEPARTMENT.
2 (2) PERSONS OTHER THAN THE APPLICANT, INCLUDING
3 INDEPENDENT SUBCONTRACTORS, WHO ARE PROPOSED TO OPERATE UNDER
4 THE PERMIT SHALL BE LISTED IN THE APPLICATION AND THOSE
5 PERSONS SHALL BE SUBJECT TO APPROVAL BY THE DEPARTMENT PRIOR
6 TO THEIR ENGAGING IN SURFACE MINING OPERATIONS. THE PERSONS
7 SHALL BE JOINTLY AND SEVERALLY LIABLE WITH THE PERMITTEE FOR
8 THE VIOLATIONS OF THIS ACT AS THE PERMITTEE IS CHARGED AND IN
9 WHICH THE PERSONS PARTICIPATE.
10 SECTION 9. BONDING.
11 (A) GENERAL RULE.--AFTER A SURFACE MINING PERMIT HAS BEEN
12 APPROVED, BUT BEFORE THE PERMIT IS ISSUED, THE APPLICANT SHALL
13 FILE WITH THE DEPARTMENT A BOND FOR THE LAND AFFECTED BY EACH
14 OPERATION ON A FORM TO BE PRESCRIBED AND FURNISHED BY THE
15 DEPARTMENT, PAYABLE TO THE COMMONWEALTH AND CONDITIONED THAT THE
16 PERMITTEE SHALL FAITHFULLY PERFORM ALL OF THE REQUIREMENTS OF
17 THIS ACT AND OF THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394),
18 KNOWN AS THE CLEAN STREAMS LAW; THE ACT OF JANUARY 8, 1960 (1959
19 P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL ACT; AND,
20 WHERE APPLICABLE, THE ACT OF SEPTEMBER 24, 1968 (P.L.1040,
21 NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT; THE ACT
22 OF NOVEMBER 26, 1978 (P.L.1375, NO.325), KNOWN AS THE DAM SAFETY
23 AND ENCROACHMENTS ACT; THE ACT OF JULY 31, 1968 (P.L.788,
24 NO.241), KNOWN AS THE PENNSYLVANIA SOLID WASTE MANAGEMENT ACT,
25 OR THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID
26 WASTE MANAGEMENT ACT; AND THE ACT OF MAY 31, 1945 (P.L.1198,
27 NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
28 RECLAMATION ACT.
29 (B) SEPARATE BONDS NOT REQUIRED.--AN OPERATOR POSTING A BOND
30 SUFFICIENT TO COMPLY WITH THIS SECTION SHALL NOT BE REQUIRED TO
19830H1176B3557 - 43 -
1 POST A SEPARATE BOND FOR THE PERMITTED AREA UNDER EACH OF THE
2 ACTS ENUMERATED IN SUBSECTION (A). THIS SUBSECTION SHALL NOT
3 PROHIBIT THE DEPARTMENT FROM REQUIRING ADDITIONAL BOND AMOUNTS
4 FOR THE PERMITTED AREA SHOULD SUCH AN INCREASE BE DETERMINED BY
5 THE DEPARTMENT TO BE NECESSARY TO MEET THE REQUIREMENTS OF THIS
6 ACT.
7 (C) AMOUNT OF BOND.--THE AMOUNT OF THE BOND REQUIRED SHALL
8 BE IN AN AMOUNT DETERMINED BY THE DEPARTMENT BASED UPON THE
9 TOTAL ESTIMATED COST TO THE COMMONWEALTH OF COMPLETING THE
10 APPROVED RECLAMATION PLAN OR IN SUCH OTHER AMOUNT AND FORM AS
11 MAY BE ESTABLISHED BY THE DEPARTMENT UNDER REGULATIONS FOR AN
12 ALTERNATE BONDING PROGRAM THAT SHALL ACHIEVE THE OBJECTIVES AND
13 PURPOSES OF THE BONDING PROGRAM. THE ESTIMATE SHALL BE BASED
14 UPON THE PERMITTEE'S STATEMENT OF HIS ESTIMATED COST OF
15 FULFILLING THE PLAN DURING THE COURSE OF HIS OPERATION,
16 INSPECTION OF THE APPLICATION AND OTHER DOCUMENTS SUBMITTED,
17 INSPECTION OF THE LAND AREA AND SUCH OTHER CRITERIA AS MAY BE
18 RELEVANT, INCLUDING, BUT NOT LIMITED TO, THE PROBABLE DIFFICULTY
19 OF RECLAMATION, GIVING CONSIDERATION TO SUCH FACTORS AS
20 TOPOGRAPHY, GEOLOGY OF THE SITE, HYDROLOGY, THE PROPOSED LAND
21 USE AND THE ADDITIONAL COST TO THE COMMONWEALTH WHICH MAY BE
22 ENTAILED BY BEING REQUIRED TO BRING PERSONNEL AND EQUIPMENT TO
23 THE SITE AFTER ABANDONMENT BY THE PERMITTEE IN EXCESS OF THE
24 COST TO THE PERMITTEE OF PERFORMING THE NECESSARY WORK DURING
25 THE COURSE OF HIS SURFACE MINING OPERATIONS. NO BOND SHALL BE
26 FILED FOR LESS THAN $10,000 FOR THE ENTIRE PERMIT AREA. WHEN THE
27 PLAN INVOLVES THE RECONSTRUCTION OR RELOCATION OF ANY PUBLIC
28 ROAD OR HIGHWAY AND WHEN THE DEPARTMENT OF TRANSPORTATION HAS
29 REQUIRED A BOND SUFFICIENT TO FULLY BUILD OR RESTORE THE ROAD OR
30 HIGHWAY TO A CONDITION APPROVED BY THAT DEPARTMENT, NO
19830H1176B3557 - 44 -
1 ADDITIONAL BOND FOR BUILDING OR RESTORING THE ROAD OR HIGHWAY
2 SHALL BE REQUIRED UNDER THIS ACT.
3 (D) DURATION OF LIABILITY UNDER BOND.--LIABILITY UNDER THE
4 BOND SHALL BE FOR THE DURATION OF THE SURFACE MINING AT EACH
5 OPERATION AND FOR A PERIOD OF FIVE YEARS AFTER THE LAST YEAR OF
6 AUGMENTED SEEDING AND FERTILIZING AND ANY OTHER WORK TO COMPLETE
7 RECLAMATION TO MEET THE REQUIREMENTS OF LAW AND PROTECT THE
8 ENVIRONMENT, UNLESS RELEASED IN WHOLE OR IN PART PRIOR THERETO
9 AS PROVIDED IN THIS ACT.
10 (E) BOND REQUIREMENTS; ALTERNATIVES.--THE BOND SHALL BE
11 EXECUTED BY THE OPERATOR AND A CORPORATE SURETY LICENSED TO DO
12 BUSINESS IN THIS COMMONWEALTH AND APPROVED BY THE SECRETARY. THE
13 PERMITTEE MAY ELECT TO DEPOSIT WITH THE DEPARTMENT, IN LIEU OF A
14 CORPORATE SURETY, CASH, AUTOMATICALLY RENEWABLE IRREVOCABLE BANK
15 LETTERS OF CREDIT, WHICH MAY BE TERMINATED BY THE BANK AT THE
16 END OF A TERM ONLY UPON THE BANK GIVING 90 DAYS PRIOR WRITTEN
17 NOTICE TO THE PERMITTEE AND THE DEPARTMENT OR NEGOTIABLE BONDS
18 OF THE FEDERAL GOVERNMENT OR OF THE COMMONWEALTH, THE
19 PENNSYLVANIA TURNPIKE COMMISSION, THE GENERAL STATE AUTHORITY,
20 THE STATE PUBLIC SCHOOL BUILDING AUTHORITY OR ANY MUNICIPALITY
21 WITHIN THIS COMMONWEALTH. THE CASH DEPOSIT AMOUNT OF THE
22 IRREVOCABLE LETTER OF CREDIT OR MARKET VALUE OF THE SECURITIES
23 SHALL BE EQUAL AT LEAST TO THE SUM OF THE BOND. UPON RECEIPT OF
24 ANY SUCH DEPOSIT OF CASH, LETTERS OF CREDIT OR NEGOTIABLE BONDS,
25 THE SECRETARY SHALL IMMEDIATELY PLACE THE SAME WITH THE STATE
26 TREASURER, WHOSE DUTY SHALL BE TO RECEIVE AND HOLD THE DEPOSIT
27 IN THE NAME OF THE COMMONWEALTH, IN TRUST, FOR THE PURPOSES FOR
28 WHICH THE DEPOSIT IS MADE. THE STATE TREASURER SHALL AT ALL
29 TIMES BE RESPONSIBLE FOR THE CUSTODY AND SAFEKEEPING OF THE
30 DEPOSITS.
19830H1176B3557 - 45 -
1 (F) SUBSTITUTION FOR BOND OR OTHER COLLATERAL.--THE
2 PERMITTEE MAKING THE DEPOSIT SHALL BE ENTITLED, FROM TIME TO
3 TIME, TO DEMAND AND RECEIVE FROM THE STATE TREASURER, ON THE
4 WRITTEN ORDER OF THE SECRETARY, THE WHOLE OR ANY PORTION OF ANY
5 COLLATERAL SO DEPOSITED, UPON DEPOSITING WITH THE STATE
6 TREASURER, IN LIEU THEREOF, OTHER COLLATERAL OF THE CLASSES
7 SPECIFIED IN THIS SECTION HAVING A MARKET VALUE AT LEAST EQUAL
8 TO THE SUM OF THE BOND OR, TO SUBSTITUTE A BOND FOR THE CASH,
9 AUTOMATICALLY RENEWABLE IRREVOCABLE BANK LETTERS OF CREDIT OR
10 NEGOTIABLE BONDS AND ALSO TO DEMAND, RECEIVE AND RECOVER THE
11 INTEREST AND INCOME FROM THE NEGOTIABLE BONDS AS IT BECOMES DUE
12 AND PAYABLE. WHERE NEGOTIABLE BONDS, DEPOSITED AS PROVIDED IN
13 THIS SECTION, MATURE OR ARE CALLED, THE STATE TREASURER, AT THE
14 REQUEST OF THE PERMITTEE, SHALL CONVERT THE NEGOTIABLE BONDS
15 INTO OTHER NEGOTIABLE BONDS OF THE CLASSES SPECIFIED IN THIS
16 SECTION AS MAY BE DESIGNATED BY THE PERMITTEE. WHERE NOTICE OF
17 INTENT TO TERMINATE A LETTER OF CREDIT IS GIVEN, THE DEPARTMENT
18 SHALL GIVE THE PERMITTEE 30 DAYS' WRITTEN NOTICE TO REPLACE THE
19 LETTER OF CREDIT WITH OTHER ACCEPTABLE BOND GUARANTEES AS
20 PROVIDED IN THIS SECTION AND, IF THE PERMITTEE FAILS TO REPLACE
21 THE LETTER OF CREDIT WITHIN THE 30-DAY NOTIFICATION PERIOD, THE
22 DEPARTMENT SHALL DRAW UPON AND CONVERT THE LETTER OF CREDIT INTO
23 CASH AND HOLD IT AS A COLLATERAL BOND GUARANTEE.
24 (G) SELF-BOND MAY BE ACCEPTED.--THE DEPARTMENT MAY ACCEPT A
25 SELF-BOND FROM THE PERMITTEE, WITHOUT SEPARATE SURETY, IF THE
26 PERMITTEE DEMONSTRATES, TO THE SATISFACTION OF THE INSURANCE
27 DEPARTMENT, A HISTORY OF FINANCIAL SOLVENCY, CONTINUOUS BUSINESS
28 OPERATION AND CONTINUOUS EFFORTS TO ACHIEVE COMPLIANCE WITH ALL
29 FEDERAL AND PENNSYLVANIA ENVIRONMENTAL LAWS AND PENNSYLVANIA
30 INSURANCE LAWS, COMPLIES WITH OTHER REQUIREMENTS AS THE
19830H1176B3557 - 46 -
1 INSURANCE DEPARTMENT MAY REASONABLY REQUIRE BY REGULATION, AND
2 MEETS ALL OF THE FOLLOWING REQUIREMENTS:
3 (1) THE PERMITTEE SHALL BE INCORPORATED OR AUTHORIZED TO
4 DO BUSINESS IN PENNSYLVANIA AND SHALL DESIGNATE AN AGENT IN
5 PENNSYLVANIA TO RECEIVE SERVICE OF SUITS, CLAIMS, DEMANDS OR
6 OTHER LEGAL PROCESS.
7 (2) THE PERMITTEE OR, IF THE PERMITTEE DOES NOT ISSUE
8 SEPARATE AUDITED FINANCIAL STATEMENTS, ITS PARENT SHALL
9 PROVIDE AUDITED FINANCIAL STATEMENTS, FOR AT LEAST ITS MOST
10 RECENT THREE FISCAL YEARS, PREPARED BY A CERTIFIED PUBLIC
11 ACCOUNTANT IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING
12 PRINCIPLES. UPON REQUEST OF THE PERMITTEE, THE DEPARTMENT
13 SHALL MAINTAIN THE CONFIDENTIALITY OF THE FINANCIAL
14 STATEMENTS IF THE SAME ARE NOT OTHERWISE DISCLOSED TO OTHER
15 GOVERNMENT AGENCIES OR THE PUBLIC.
16 (3) DURING THE LAST 36 CALENDAR MONTHS, THE APPLICANT
17 HAS NOT DEFAULTED IN THE PAYMENT OF ANY DIVIDEND OR SINKING
18 FUND INSTALLMENT OR PREFERRED STOCK OR INSTALLMENT ON ANY
19 INDEBTEDNESS FOR BORROWED MONEY OR PAYMENT OF RENTALS UNDER
20 LONG-TERM LEASES OR ANY RECLAMATION FEES PAYMENT CURRENTLY
21 DUE UNDER SECTION 402 OF THE SURFACE MINING CONTROL AND
22 RECLAMATION ACT OF 1977 (PUBLIC LAW 95-87, 30 U.S.C. § 1232),
23 FOR EACH TON OF COAL PRODUCED IN THE COMMONWEALTH.
24 (4) THE PERMITTEE SHALL HAVE BEEN IN BUSINESS AND
25 OPERATING NO LESS THAN TEN YEARS PRIOR TO FILING OF
26 APPLICATION UNLESS THE PERMITTEE'S EXISTENCE RESULTS FROM A
27 REORGANIZATION, CONSOLIDATION OR MERGER INVOLVING A COMPANY
28 WITH SUCH LONGEVITY. HOWEVER, THE PERMITTEE SHALL BE DEEMED
29 TO HAVE MET THIS REQUIREMENT IF IT IS A MAJORITY-OWNED
30 SUBSIDIARY OF A CORPORATION THAT HAS SUCH A TEN-YEAR BUSINESS
19830H1176B3557 - 47 -
1 HISTORY.
2 (5) THE PERMITTEE SHALL HAVE A NET WORTH OF AT LEAST SIX
3 TIMES THE AGGREGATE AMOUNT OF ALL BONDS APPLIED FOR BY THE
4 OPERATOR UNDER THIS SECTION.
5 (6) THE PERMITTEE SHALL GIVE IMMEDIATE NOTICE TO THE
6 DEPARTMENT OF ANY SIGNIFICANT CHANGE IN MANAGING CONTROL OF
7 THE COMPANY.
8 (7) A CORPORATE OFFICER OF THE PERMITTEE SHALL CERTIFY
9 TO THE DEPARTMENT THAT FORFEITURE OF THE AGGREGATE AMOUNTS OF
10 SELF-BONDS FURNISHED FOR ALL OPERATIONS HEREUNDER WOULD NOT
11 MATERIALLY AFFECT THE PERMITTEE'S ABILITY TO REMAIN IN
12 BUSINESS OR ENDANGER ITS CASH FLOW TO THE EXTENT IT COULD NOT
13 MEET ITS CURRENT OBLIGATIONS.
14 (8) THE PERMITTEE MAY BE REQUIRED BY THE DEPARTMENT TO
15 PLEDGE REAL AND PERSONAL PROPERTY TO GUARANTEE THE
16 PERMITTEE'S SELF-BOND. THE DEPARTMENT IS AUTHORIZED TO
17 ACQUIRE AND DISPOSE OF SUCH PROPERTY IN THE EVENT OF A
18 DEFAULT TO THE BOND OBLIGATION AND MAY USE THE MONEYS IN THE
19 FUND TO ADMINISTER THIS PROVISION.
20 (9) THE PERMITTEE MAY BE REQUIRED TO PROVIDE THIRD PARTY
21 GUARANTEES OR INDEMNIFICATIONS OF ITS SELF-BOND OBLIGATIONS.
22 (10) THE PERMITTEE SHALL PROVIDE OTHER INFORMATION
23 REGARDING ITS FINANCIAL SOLVENCY, CONTINUOUS BUSINESS
24 OPERATION AND COMPLIANCE WITH ENVIRONMENTAL LAWS AS THE
25 DEPARTMENT OR THE INSURANCE DEPARTMENT SHALL REQUIRE.
26 (11) THE PERMITTEE SHALL CERTIFY ITS PRESENT INTENTION
27 TO MAINTAIN ITS PRESENT CORPORATE STATUS FOR A PERIOD IN
28 EXCESS OF FIVE YEARS.
29 (12) A PERMITTEE SHALL ANNUALLY UPDATE THE
30 CERTIFICATIONS REQUIRED HEREUNDER AND PROVIDE AUDITED
19830H1176B3557 - 48 -
1 FINANCIAL STATEMENTS FOR EACH FISCAL YEAR DURING WHICH IT
2 FURNISHES SELF-BONDS.
3 (13) THE PERMITTEE SHALL PAY AN ANNUAL FEE, IN THE
4 AMOUNT DETERMINED BY THE INSURANCE DEPARTMENT, OF THE COST TO
5 REVIEW AND VERIFY THE PERMITTEE'S APPLICATION FOR SELF-
6 BONDING AND ANNUAL SUBMISSIONS THEREAFTER.
7 (H) TERM OF BOND IN CERTAIN CASES.--
8 (1) NOTWITHSTANDING SUBSECTION (D), IN THE CASE OF
9 APPLICATIONS FOR THE MINING OF MINERALS WHERE THE DEPARTMENT
10 DETERMINES THAT THE MINERAL TO BE EXTRACTED EXCEEDS THE
11 AMOUNT OF OVERBURDEN BY A RATIO OF AT LEAST FOUR TO ONE OR
12 THAT THE MINERALS ARE TO BE REMOVED BY UNDERGROUND MINING
13 METHODS AND WHERE THE MINING OPERATIONS ARE REASONABLY
14 ANTICIPATED TO CONTINUE FOR A PERIOD OF AT LEAST TEN YEARS
15 FROM THE DATE OF THE APPLICATION, THE TERM OF THE BOND SHALL
16 BE FOR THE DURATION OF THE MINING AND RECLAMATION OPERATIONS
17 FOR FIVE YEARS THEREAFTER. THE OPERATOR, IN THE CASE OF
18 MINING AND RECLAMATION OPERATIONS MENTIONED IN THIS
19 SUBSECTION, MAY ELECT TO DEPOSIT COLLATERAL AND FILE A
20 COLLATERAL BOND AS PROVIDED IN SUBSECTIONS (E) AND (F),
21 ACCORDING TO THE PHASED DEPOSIT SCHEDULE SET FORTH IN
22 PARAGRAPH (2).
23 (2) THE OPERATOR SHALL, PRIOR TO COMMENCING MINING
24 OPERATIONS, DEPOSIT $10,000 OR 25% OF THE AMOUNT OF THE BOND
25 DETERMINED UNDER SUBSECTION (C), WHICHEVER IS GREATER. THE
26 OPERATOR SHALL, THEREAFTER, ANNUALLY DEPOSIT 10% OF THE
27 REMAINING BOND AMOUNT FOR A PERIOD OF TEN YEARS. INTEREST
28 ACCUMULATED BY THE COLLATERAL SHALL BECOME A PART OF THE BOND
29 UNTIL SUCH TIME AS THE COLLATERAL, PLUS ACCUMULATED INTEREST,
30 EQUALS THE AMOUNT OF THE REQUIRED BOND. THE DEPARTMENT MAY
19830H1176B3557 - 49 -
1 REQUIRE ADDITIONAL BONDING AT ANY TIME TO MEET THE INTENT OF
2 SUBSECTION (A). THE COLLATERAL SHALL BE DEPOSITED, IN TRUST,
3 WITH THE STATE TREASURER AS PROVIDED IN SUBSECTION (E) OR
4 WITH A BANK SELECTED BY THE DEPARTMENT WHICH SHALL ACT AS
5 TRUSTEE FOR THE BENEFIT OF THE COMMONWEALTH, ACCORDING TO THE
6 REGULATIONS PROMULGATED UNDER THIS ACT, TO GUARANTEE THE
7 OPERATOR'S COMPLIANCE WITH THIS ACT AND THE STATUTES
8 ENUMERATED IN SUBSECTION (A). THE OPERATOR SHALL BE REQUIRED
9 TO PAY ALL COSTS OF THE TRUST.
10 (3) THE COLLATERAL DEPOSIT OR PART THEREOF SHALL BE
11 RELEASED OF LIABILITY AND RETURNED TO THE OPERATOR, TOGETHER
12 WITH A PROPORTIONAL SHARE OF ACCUMULATED INTEREST, UPON THE
13 CONDITIONS OF AND UNDER THE SCHEDULE AND CRITERIA FOR RELEASE
14 PROVIDED IN SUBSECTION (J).
15 (I) PAYMENT IN LIEU OF BOND.--
16 (1) IN LIEU OF THE BOND OTHERWISE REQUIRED BY THIS
17 SECTION, THE OPERATOR MAY ELECT TO PAY TO THE DEPARTMENT, FOR
18 DEPOSIT IN THE FUND ESTABLISHED BY SECTION 17, AN AMOUNT
19 EQUAL TO THE AVERAGE SURETY BOND PREMIUM CHARGED BY BONDING
20 COMPANIES, AS DETERMINED BY THE INSURANCE COMMISSIONER, WHICH
21 THE OPERATOR WOULD OTHERWISE BE REQUIRED TO PAY IN ORDER TO
22 OBTAIN A SURETY BOND UNDER THIS ACT; EXCEPT THAT THE ANNUAL
23 PAYMENT SHALL BE A PRO RATA AMOUNT OF THE PREMIUMS IF THE
24 AVERAGE PREMIUM, AS DETERMINED BY THE INSURANCE COMMISSIONER,
25 IS FOR A PERIOD LONGER THAN ONE YEAR. THE DEPARTMENT MAY
26 ANNUALLY ADJUST THE AMOUNT TO INSURE THAT THERE ARE
27 SUFFICIENT FUNDS IN THIS ACCOUNT TO RECLAIM SITES FOR WHICH
28 BONDS POSTED UNDER THIS SUBSECTION WERE FORFEITED.
29 (2) THE INITIAL PAYMENT FOR ANY BONDED AREA SHALL BE
30 MADE TO THE DEPARTMENT AT THE TIME OR TIMES THE OPERATOR
19830H1176B3557 - 50 -
1 WOULD HAVE BEEN REQUIRED TO POST A SURETY BOND UNDER THIS ACT
2 AND SHALL THEREAFTER BE MADE AT THE SAME TIME THAT THE
3 OPERATOR APPLIES FOR A LICENSE RENEWAL UNDER SECTION 5. THESE
4 PAYMENTS SHALL BE RETAINED BY THE COMMONWEALTH AND SHALL NOT
5 BE REFUNDABLE TO THE OPERATOR.
6 (3) PAYMENTS UNDER THIS SUBSECTION SHALL EXCUSE THE
7 OPERATOR FROM THE REQUIREMENT TO POST A BOND UNDER THIS ACT
8 WITH RESPECT TO THE OPERATION FOR WHICH PAYMENT IS MADE. NO
9 PERSON MAY MAKE PAYMENTS UNDER THIS SUBSECTION, UNLESS THAT
10 PERSON DEMONSTRATES TO THE DEPARTMENT THAT HE IS UNABLE TO
11 POST THE BOND OTHERWISE REQUIRED BY THIS SECTION.
12 (J) RELEASE.--SUBJECT TO THE PUBLIC NOTICE REQUIREMENTS IN
13 SECTION 10, IF THE DEPARTMENT IS SATISFIED THAT THE RECLAMATION
14 RECOVERED BY THE BOND PORTION THEREOF HAS BEEN ACCOMPLISHED AS
15 REQUIRED BY THIS ACT, IT MAY, UPON REQUEST BY THE PERMITTEE,
16 RELEASE, IN WHOLE OR IN PART, THE BOND ACCORDING TO THE
17 RECLAMATION SCHEDULE AND CRITERIA FOR RELEASE OF BONDS SET FORTH
18 IN REGULATIONS PROMULGATED HEREUNDER. NO BOND SHALL BE FULLY
19 RELEASED UNTIL ALL REQUIREMENTS OF THIS ACT ARE FULLY MET. UPON
20 RELEASE OF ALL OR PART OF THE BOND AND COLLATERAL AS HEREIN
21 PROVIDED, THE STATE TREASURER SHALL IMMEDIATELY RETURN TO THE
22 OPERATOR THE AMOUNT OF CASH OR SECURITIES SPECIFIED THEREIN.
23 (K) FORFEITURE.--
24 (1) IF THE OPERATOR FAILS OR REFUSES TO COMPLY WITH ANY
25 REQUIREMENT OF THIS ACT FOR WHICH LIABILITY HAS BEEN CHARGED
26 ON THE BOND, THE DEPARTMENT SHALL DECLARE THE BOND FORFEITED.
27 (2) UPON CERTIFICATION OF SURETY BOND FORFEITURE BY THE
28 DEPARTMENT, THE OFFICE OF ATTORNEY GENERAL SHALL PROMPTLY
29 COLLECT THE BOND AND PAY THE PROCEEDS INTO THE FUND. WHERE
30 THE OPERATOR DEPOSITED CASH OR SECURITIES AS COLLATERAL, THE
19830H1176B3557 - 51 -
1 DEPARTMENT SHALL SELL THE COLLATERAL AND PAY THE PROCEEDS
2 INTO THE FUND OR DIRECT THE STATE TREASURER TO PAY THE
3 PROCEEDS INTO THAT FUND.
4 (3) THE DEPARTMENT SHALL NOT ACCEPT ANY SURETY BOND
5 WRITTEN BY A CORPORATE SURETY THAT FAILED TO PROMPTLY AND
6 FULLY PAY A FORFEITED BOND UNDER THIS ACT OR ANY OF THE
7 STATUTES ENUMERATED IN SECTION 7(C)(9).
8 SECTION 10. PUBLIC NOTICE; INFORMAL CONFERENCES; AND PUBLIC
9 INFORMATION.
10 (A) GENERAL RULE.--THE APPLICANT SHALL GIVE PUBLIC NOTICE OF
11 EVERY APPLICATION FOR A PERMIT AND EVERY APPLICATION FOR FINAL
12 BOND RELEASE UNDER THIS ACT IN A NEWSPAPER OF GENERAL
13 CIRCULATION, PUBLISHED IN THE LOCALITY WHERE THE PERMIT IS
14 APPLIED FOR, ONCE A WEEK FOR FOUR CONSECUTIVE WEEKS. THE
15 DEPARTMENT SHALL PRESCRIBE REQUIREMENTS REGARDING PUBLIC NOTICE
16 AND PUBLIC HEARINGS ON PERMIT APPLICATIONS AND FINAL BOND
17 RELEASES AS IT DEEMS APPROPRIATE. HOWEVER, INCREMENTS WITHIN THE
18 ORIGINAL PERMIT AREA UPON WHICH OPERATIONS ARE INITIATED SHALL
19 NOT BE TREATED AS ORIGINAL PERMIT APPLICATIONS WITH REGARD TO
20 THE REQUIREMENTS OF THIS SUBSECTION SO LONG AS THE ORIGINAL
21 PERMIT IS IN FULL FORCE AND EFFECT AT THE TIME THE OPERATIONS
22 ARE INITIATED. FOR THE PURPOSE OF THESE PUBLIC HEARINGS, THE
23 DEPARTMENT SHALL HAVE THE AUTHORITY TO TAKE EVIDENCE, INCLUDING,
24 BUT NOT LIMITED TO, INSPECTIONS OF THE LAND PROPOSED TO BE
25 AFFECTED AND OTHER OPERATIONS CARRIED ON BY THE APPLICANT IN THE
26 GENERAL VICINITY.
27 (B) RIGHT TO FILE OBJECTIONS.--ANY PERSON HAVING AN INTEREST
28 THAT IS OR MAY BE ADVERSELY AFFECTED SHALL HAVE THE RIGHT TO
29 FILE WRITTEN OBJECTIONS TO THE PROPOSED PERMIT APPLICATION OR
30 FINAL BOND RELEASE WITHIN 30 DAYS AFTER THE LAST PUBLICATION OF
19830H1176B3557 - 52 -
1 THE ABOVE NOTICE, WHICH SHALL CONCLUDE THE PUBLIC COMMENT
2 PERIOD. THE OBJECTIONS SHALL IMMEDIATELY BE TRANSMITTED TO THE
3 APPLICANT BY THE DEPARTMENT. IF WRITTEN OBJECTIONS ARE FILED AND
4 AN INFORMAL CONFERENCE OR A PUBLIC HEARING IS REQUESTED DURING
5 THE PUBLIC COMMENT PERIOD, THE DEPARTMENT SHALL THEN HOLD AN
6 INFORMAL CONFERENCE OR A PUBLIC HEARING IN THE LOCALITY OF THE
7 SURFACE MINING OPERATION WITHIN 30 DAYS OF THE REQUEST FOR
8 CONFERENCE OR HEARING FOR BOND RELEASE OR WITHIN 60 DAYS OF THE
9 LAST PUBLICATION OF THE NOTICE FOR A PERMIT APPLICATION.
10 (C) DATE OF HEARING OR CONFERENCE ON FINAL BOND RELEASE
11 APPLICATION.--IN THE CASE OF FINAL BOND RELEASE APPLICATIONS,
12 THE HEARING OR CONFERENCE SHALL BE HELD WITHIN 30 DAYS FROM THE
13 DATE OF REQUEST FOR THE HEARING OR CONFERENCE. HOWEVER, ALL
14 REQUESTS FOR THE HEARINGS OR CONFERENCES THAT ARE FILED PRIOR TO
15 THE TENTH DAY FOLLOWING THE FINAL DATE OF PUBLICATION SHALL HAVE
16 A CONSTRUCTIVE DATE OF FILING AS OF THE TENTH DAY FOLLOWING THE
17 FINAL DATE OF PUBLICATION OF THE NOTICE. THE DEPARTMENT SHALL
18 NOTIFY THE APPLICANT OF ITS DECISION WITH 30 DAYS OF THE HEARING
19 OR CONFERENCE. IF THERE HAS BEEN NO CONFERENCE OR HEARING, THE
20 DEPARTMENT SHALL NOTIFY THE APPLICANT FOR A FINAL BOND RELEASE
21 OF ITS DECISION WITHIN 60 DAYS OF THE DATE OF THE FILING OF THE
22 APPLICATION. IN THE CASE OF PERMIT APPLICATIONS, THE HEARINGS OR
23 CONFERENCES SHALL BE CONDUCTED WITHIN 60 DAYS OF THE CLOSE OF
24 THE PUBLIC COMMENT PERIOD. THE DEPARTMENT, WITHIN 60 DAYS OF THE
25 HEARING OR CONFERENCE, SHALL NOTIFY THE APPLICANT OF ITS
26 DECISION TO APPROVE OR DISAPPROVE OR OF ITS INTENT TO DISAPPROVE
27 UNLESS THE APPLICANT SUBMITS ADDITIONAL INFORMATION, WITHIN A
28 STATED TIME, TO RESOLVE DEFICIENCIES. IF THERE HAS BEEN NO
29 INFORMAL CONFERENCE OR HEARING, THE DEPARTMENT SHALL NOTIFY THE
30 APPLICANT FOR A PERMIT, WITHIN A REASONABLE TIME NOT TO EXCEED
19830H1176B3557 - 53 -
1 60 DAYS OF THE CLOSE OF THE PUBLIC COMMENT PERIOD, OF THE
2 DEFICIENCIES IN THE APPLICATION OR WHETHER THE APPLICATION HAS
3 BEEN APPROVED OR DISAPPROVED.
4 (D) COPY OF APPLICATION TO BE FILED.--SUBJECT TO THE
5 CONFIDENTIALITY PROVISIONS OF SUBSECTION (E), EACH APPLICANT FOR
6 A PERMIT UNDER THIS ACT SHALL FILE A COPY OF HIS APPLICATION FOR
7 PUBLIC INSPECTION WITH THE RECORDER OF DEEDS AT THE COURTHOUSE
8 OF THE COUNTY OR AN APPROPRIATE PUBLIC OFFICE APPROVED BY THE
9 DEPARTMENT WHERE THE MINING IS PROPOSED TO OCCUR.
10 (E) PUBLIC RECORDS.--ALL PAPERS, RECORDS AND DOCUMENTS OF
11 THE DEPARTMENT AND APPLICATIONS FOR PERMITS PENDING BEFORE THE
12 DEPARTMENT SHALL BE PUBLIC RECORDS OPEN TO INSPECTION DURING
13 BUSINESS HOURS. HOWEVER, INFORMATION WHICH PERTAINS ONLY TO THE
14 ANALYSIS OF THE CHEMICAL AND PHYSICAL PROPERTIES OF THE MINERAL
15 (EXCEPTING INFORMATION REGARDING THE MINERAL OR ELEMENTAL
16 CONTENT THAT IS POTENTIALLY TOXIC TO THE ENVIRONMENT) SHALL BE
17 KEPT CONFIDENTIAL AND SHALL NOT BE MADE A MATTER OF PUBLIC
18 RECORDS.
19 SECTION 11. RULEMAKING; ORDERS; PUBLIC HEALTH AND SAFETY; AND
20 RELATED MATTERS.
21 (A) REGULATIONS.--THE ENVIRONMENTAL QUALITY BOARD MAY
22 PROMULGATE REGULATIONS, AS IT DEEMS NECESSARY, TO CARRY OUT THE
23 PROVISIONS AND PURPOSES OF THIS ACT AND FOR THE HEALTH AND
24 SAFETY OF THOSE PERSONS EMPLOYED AT SURFACE MINING OPERATIONS.
25 (B) ORDERS.--THE DEPARTMENT MAY ISSUE ORDERS AS ARE
26 NECESSARY TO AID IN THE ENFORCEMENT OF THE PROVISIONS OF THIS
27 ACT. THE ORDERS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
28 ORDERS MODIFYING, SUSPENDING OR REVOKING PERMITS OR LICENSES AND
29 ORDERS REQUIRING PERSONS TO CEASE OPERATIONS IMMEDIATELY. THE
30 RIGHT OF THE DEPARTMENT TO ISSUE AN ORDER UNDER THIS ACT IS IN
19830H1176B3557 - 54 -
1 ADDITION TO ANY PENALTY OR REQUIREMENT THAT MAY BE IMPOSED UNDER
2 THIS ACT. THE AUTHORITY TO ISSUE ORDERS INCLUDES, BUT IS NOT
3 LIMITED TO, ORDERS REQUIRING THE ABATEMENT AND REMOVAL OF
4 NUISANCES. FOR PURPOSES OF THIS SECTION, ANY CONDITION THAT
5 CREATES A RISK OF FIRE, LANDSLIDE, SUBSIDENCE, CAVE-IN OR OTHER
6 UNSAFE, DANGEROUS OR HAZARDOUS CONDITION INCLUDING, BUT NOT
7 LIMITED TO, ANY UNGUARDED AND UNFENCED OPEN PIT AREA, HIGHWALL,
8 WATER POOL, SPOIL BANK, ABANDONED STRUCTURE, EQUIPMENT,
9 MACHINERY, TOOLS AND OTHER PROPERTY USED IN OR RESULTING FROM
10 SURFACE MINING OR OTHER HAZARD TO PUBLIC HEALTH OR SAFETY IS
11 HEREBY DECLARED TO BE A NUISANCE.
12 (C) DISTANCE LIMITATIONS.--
13 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), NO PERSON SHALL
14 CONDUCT SURFACE MINING OPERATIONS, OTHER THAN BORROW PITS FOR
15 HIGHWAY CONSTRUCTION PURPOSES, WITHIN 100 FEET OF THE OUTSIDE
16 LINE OF RIGHT-OF-WAY OF ANY PUBLIC HIGHWAY; WITHIN 300 FEET
17 OF ANY OCCUPIED DWELLING HOUSE OR COMMERCIAL OR INDUSTRIAL
18 BUILDING, UNLESS RELEASED BY THE OWNER THEREOF; WITHIN 300
19 FEET OF ANY PUBLIC BUILDING, SCHOOL OR COMMUNITY OR
20 INSTITUTIONAL BUILDING; WITHIN 300 FEET OF A PUBLIC PARK; OR
21 WITHIN 100 FEET OF ANY CEMETERY OR THE BANK OF ANY STREAM.
22 (2) THE DEPARTMENT MAY ALLOW OPERATORS TO MINE WITHIN
23 THE DISTANCES WHERE MINING IS PROHIBITED BY PARAGRAPH (1)
24 WHERE THE OPERATOR DEMONSTRATES:
25 (I) FOR OPENING OR EXPANSION OF PITS, THAT SPECIAL
26 CIRCUMSTANCES WARRANT A LESSER DISTANCE, THAT THE
27 ENVIRONMENT AND THE INTERESTS OF THE PUBLIC AND
28 LANDOWNERS AFFECTED THEREBY WILL BE ADEQUATELY PROTECTED
29 AND THAT THERE ARE NO FEASIBLE OR PRUDENT ALTERNATIVES TO
30 OPENING THE PIT WITHIN A GREATER DISTANCE. PRIOR TO
19830H1176B3557 - 55 -
1 ALLOWING A LESSER DISTANCE, THE OPERATOR SHALL GIVE
2 PUBLIC NOTICE OF HIS APPLICATION THEREFOR IN TWO
3 NEWSPAPERS OF GENERAL CIRCULATION IN THE AREA ONCE A WEEK
4 FOR TWO SUCCESSIVE WEEKS AND SHALL GIVE NOTICE BY MAIL TO
5 THE MUNICIPALITY IN WHICH THE OPERATION IS LOCATED.
6 SHOULD ANY PERSON FILE AN OBJECTION WITH THE DEPARTMENT
7 WITHIN 20 DAYS OF THE LAST PUBLICATION THEREOF, THE
8 DEPARTMENT SHALL CONDUCT A PUBLIC HEARING.
9 (II) FOR PARTS OF SURFACE MINING OPERATIONS OTHER
10 THAN OPENING OR EXPANSION OF PITS, THAT SPECIAL
11 CIRCUMSTANCES WARRANT A LESSER DISTANCE, THAT THE PUBLIC
12 HEALTH AND SAFETY WILL NOT BE ENDANGERED, THAT THE
13 ENVIRONMENT AND THE INTERESTS OF THE PUBLIC AND THE
14 LANDOWNERS AFFECTED THEREBY WILL BE ADEQUATELY PROTECTED
15 AND THAT THERE ARE NO FEASIBLE OR PRUDENT ALTERNATIVES TO
16 CONDUCTING THOSE ASPECTS OF THE OPERATION WITHIN A LESSER
17 DISTANCE.
18 (D) CLEANUP.--UPON THE COMPLETION OF ANY SURFACE MINING
19 OPERATION AND PRIOR TO THE RELEASE BY THE SECRETARY OF ALL OR
20 ANY PORTION OF THE BOND OR COLLATERAL PERTINENT THERETO, THE
21 OPERATOR SHALL REMOVE AND CLEAN UP ALL TEMPORARY OR UNUSED
22 STRUCTURES, FACILITIES, EQUIPMENT, MACHINES, TOOLS, PARTS OR
23 OTHER MATERIALS, PROPERTY, DEBRIS OR JUNK THAT WERE USED IN OR
24 RESULTED FROM THE SURFACE MINING OPERATIONS.
25 (E) EXPLOSIVES.--
26 (1) THE USE OF EXPLOSIVES FOR THE PURPOSE OF BLASTING IN
27 CONNECTION WITH SURFACE MINING SHALL BE DONE IN ACCORDANCE
28 WITH REGULATIONS PROMULGATED BY AND UNDER THE SUPERVISION OF
29 THE SECRETARY. THESE REGULATIONS SHALL INCLUDE, BUT NOT BE
30 LIMITED TO, PROVISIONS RELATING TO PUBLIC NOTICE, BLASTING
19830H1176B3557 - 56 -
1 SCHEDULES, MONITORING AND RECORDKEEPING, PREVENTION OF
2 INJURY, PREVENTION OF DAMAGE TO PROPERTY OUTSIDE THE PERMIT
3 AREA, PREVENTION OF ADVERSE IMPACTS UPON ANY UNDERGROUND
4 MINE, PREVENTION OF ANY CHANGE IN THE COURSE, CHANNEL OR
5 AVAILABILITY OF GROUND OR SURFACE WATER OUTSIDE THE PERMIT
6 AREA, PREBLAST SURVEYS AND CERTIFICATION OF BLASTING
7 PERSONNEL.
8 (2) PRECAUTIONS SHALL BE TAKEN WHEN BLASTING IN CLOSE
9 PROXIMITY TO ANY UNDERGROUND MINE. BLASTING SHALL BE
10 CONDUCTED IN A MANNER AS TO PROTECT THE HEALTH AND SAFETY OF
11 PERSONS WORKING UNDERGROUND OR TO PREVENT ANY ADVERSE IMPACT
12 UPON AN ACTIVE, INACTIVE OR ABANDONED UNDERGROUND MINE.
13 (3) IT SHALL BE UNLAWFUL FOR ANY BLASTER TO LEAVE A
14 WORKING PLACE AFTER A TASK COMPLETION WITHOUT FIRST FILING A
15 REPORT, KNOWN AS A BLASTER'S REPORT, WITH THE MINE OPERATOR.
16 THE REPORT SHALL INCLUDE THE NATURE OF THE BLASTING
17 OPERATION, INCLUDING, BUT NOT LIMITED TO, THE TYPE AND AMOUNT
18 OF EXPLOSIVES USED.
19 (F) RELOCATION OF PUBLIC ROADS.--NOTHING CONTAINED IN THIS
20 ACT SHALL BE CONSTRUED TO PROHIBIT THE RELOCATION OF ANY PUBLIC
21 ROAD IN THE MANNER PROVIDED BY LAW.
22 (G) WATER RESTORATION.--ANY SURFACE MINING OPERATOR WHO
23 AFFECTS A PUBLIC OR PRIVATE WATER SUPPLY BY CONTAMINATION,
24 INTERRUPTION OR DIMINUTION SHALL RESTORE OR REPLACE THE AFFECTED
25 SUPPLY WITH AN ALTERNATE SOURCE OF WATER ADEQUATE IN QUANTITY
26 AND QUALITY FOR THE PURPOSES SERVED BY THE SUPPLY. IF ANY
27 OPERATOR FAILS TO COMPLY WITH THIS SUBSECTION, THE SECRETARY MAY
28 ISSUE ORDERS TO THE OPERATOR AS ARE NECESSARY TO ASSURE
29 COMPLIANCE.
30 SECTION 12. PROGRESS REPORT.
19830H1176B3557 - 57 -
1 WITHIN 90 DAYS AFTER COMMENCEMENT OF SURFACE MINING
2 OPERATIONS AND EACH YEAR THEREAFTER, UNLESS MODIFIED OR WAIVED
3 BY THE DEPARTMENT FOR CAUSE, THE OPERATOR SHALL FILE, IN
4 TRIPLICATE, AN OPERATIONS AND PROGRESS REPORT WITH THE
5 DEPARTMENT ON A FORM PRESCRIBED AND FURNISHED BY THE DEPARTMENT,
6 SETTING FORTH ALL OF THE FOLLOWING:
7 (1) THE NAME OR NUMBER OF THE OPERATION.
8 (2) THE LOCATION OF THE OPERATION AS TO COUNTY AND
9 TOWNSHIP AND WITH REFERENCE TO THE NEAREST PUBLIC ROAD.
10 (3) A DESCRIPTION OF THE TRACT OR TRACTS.
11 (4) THE NAME AND ADDRESS OF THE LANDOWNER OR HIS DULY
12 AUTHORIZED REPRESENTATIVE.
13 (5) AN ANNUAL REPORT OF THE TYPE AND QUANTITY OF MINERAL
14 PRODUCED, NUMBER OF EMPLOYEES AND DAYS WORKED.
15 (6) A REPORT OF ALL FATAL AND NONFATAL ACCIDENTS FOR THE
16 PREVIOUS YEAR.
17 (7) THE CURRENT STATUS OF THE RECLAMATION WORK PERFORMED
18 IN PURSUANCE OF THE APPROVED RECLAMATION PLAN.
19 (8) SUCH OTHER OR FURTHER INFORMATION AS THE DEPARTMENT
20 MAY REASONABLY REQUIRE.
21 SECTION 13. TEMPORARY CESSATION.
22 (A) GENERAL RULE.--EXCEPT WITH THE EXPRESS WRITTEN APPROVAL
23 OF THE DEPARTMENT AS PROVIDED IN SUBSECTION (B), THE OPERATOR
24 SHALL MAINTAIN MINING AND RECLAMATION EQUIPMENT ON THE SITE AT
25 ALL TIMES, SHALL CONDUCT AN ACTIVE OPERATION AND SHALL CONDUCT
26 SURFACE MINING OPERATIONS ON THE SITE ON A REGULAR AND
27 CONTINUOUS BASIS.
28 (B) APPLICATION FOR TEMPORARY CESSATION.--BEFORE TEMPORARY
29 CESSATION OF OPERATIONS, THE OPERATOR SHALL SUBMIT A WRITTEN
30 APPLICATION TO THE DEPARTMENT, INCLUDING A STATEMENT OF THE
19830H1176B3557 - 58 -
1 NUMBER OF ACRES THAT HAVE BEEN AFFECTED, THE REASON FOR
2 CESSATION, THE DATE ON WHICH TEMPORARY CESSATION IS ANTICIPATED
3 AND THE DATE ON WHICH THE OPERATOR ANTICIPATES THAT OPERATIONS
4 WILL RESUME. EXCEPT AS PROVIDED IN SUBSECTION (C), THE
5 DEPARTMENT MAY NOT APPROVE THE TEMPORARY CESSATION OF AN
6 OPERATION FOR A PERIOD EXCEEDING 90 DAYS UNLESS THE CESSATION IS
7 DUE TO SEASONAL SHUTDOWN OR LABOR STRIKES.
8 (C) OPERATIONS PRODUCING HIGHWAY OR CONSTRUCTION
9 AGGREGATES.--FOR OPERATIONS PRODUCING HIGHWAY OR CONSTRUCTION
10 AGGREGATES, WHERE THE TEMPORARY CESSATION IS DUE TO THE ABSENCE
11 OF A CURRENT REGIONAL MARKET FOR THE MINERAL BEING MINED,
12 TEMPORARY CESSATION MAY NOT EXCEED FIVE YEARS.
13 (D) CESSATION NOT A RELEASE OF OBLIGATIONS.--TEMPORARY
14 CESSATION SHALL NOT RELIEVE THE OPERATOR OF HIS OBLIGATION TO
15 COMPLY WITH THE PROVISIONS OF THIS ACT, THE REGULATIONS
16 PROMULGATED HEREUNDER AND THE CONDITIONS OF HIS PERMIT,
17 INCLUDING, BUT NOT LIMITED TO, COMPLIANCE WITH ALL APPLICABLE
18 ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS.
19 SECTION 14. RIGHT TO ENTER AND INSPECT.
20 THE DEPARTMENT SHALL HAVE THE RIGHT TO ENTER AND INSPECT ALL
21 SURFACE MINING OPERATIONS FOR THE PURPOSE OF DETERMINING
22 CONDITIONS OF HEALTH OR SAFETY AND FOR COMPLIANCE WITH THE
23 PROVISIONS OF THIS ACT AND ALL RULES AND REGULATIONS PROMULGATED
24 PURSUANT THERETO.
25 SECTION 15. DEPARTMENT INSPECTORS.
26 DEPARTMENT INSPECTORS SHALL BE APPOINTED IN ACCORDANCE WITH 4
27 PA. CODE, PART IV (RELATING TO CIVIL SERVICE COMMISSION). IT
28 SHALL BE THE DUTY OF THE SECRETARY TO ASSIGN THE INSPECTORS TO
29 THEIR RESPECTIVE AREAS OF JURISDICTION.
30 SECTION 16. LOCAL ORDINANCES.
19830H1176B3557 - 59 -
1 THE COMMONWEALTH BY THIS ENACTMENT HEREBY PREEMPTS THE
2 REGULATION OF SURFACE MINING AS HEREIN DEFINED. EXCEPT WITH
3 RESPECT TO REGULATING USES OF LAND, WATER COURSES AND OTHER
4 BODIES OF WATER PURSUANT TO SECTION 603(A)(1) OF THE ACT OF JULY
5 31, 1968 (P.L.805, NO.247), KNOWN AS THE PENNSYLVANIA
6 MUNICIPALITIES PLANNING CODE, ALL LOCAL ORDINANCES AND
7 ENACTMENTS PURPORTING TO REGULATE SURFACE MINING ARE HEREBY
8 SUPERSEDED.
9 SECTION 17. NONCOAL SURFACE MINING CONSERVATION AND RECLAMATION
10 FUND.
11 (A) CREATION OF FUND.--ALL FUNDS RECEIVED BY THE SECRETARY
12 UNDER THIS ACT FROM LICENSE FEES, CIVIL OR CRIMINAL PENALTIES,
13 PERMIT FEES, FORFEITURE OF BONDS, CASH DEPOSITS AND SECURITIES,
14 AS WELL AS COSTS RECOVERED UNDER THE ACT OF JUNE 22, 1937
15 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, SHALL BE
16 HELD BY THE STATE TREASURER IN A SPECIAL FUND, SEPARATE AND
17 APART FROM ALL OTHER MONEYS IN THE STATE TREASURY, TO BE KNOWN
18 AS THE NONCOAL SURFACE MINING CONSERVATION AND RECLAMATION FUND;
19 SHALL BE USED BY THE SECRETARY FOR THE PURPOSE OF THE
20 REVEGETATION OR RECLAIMING OF LAND AFFECTED BY SURFACE MINING OF
21 ANY MINERALS, FOR RESTORATION OR REPLACEMENT OF WATER SUPPLIES
22 AFFECTED BY SURFACE MINING OPERATIONS OR FOR ANY OTHER
23 CONSERVATION PURPOSES PROVIDED BY THIS ACT; AND, FOR SUCH
24 PURPOSES, ARE SPECIFICALLY APPROPRIATED TO THE DEPARTMENT BY
25 THIS ACT.
26 (B) EARMARKED FUNDS.--FUNDS RECEIVED FROM THE FORFEITURE OF
27 BONDS, BOTH SURETY AND COLLATERAL, SHALL BE EXPENDED BY THE
28 SECRETARY FOR RECLAIMING AND PLANTING THE AREA OF LAND AFFECTED
29 BY THE OPERATION UPON WHICH LIABILITY WAS CHARGED ON THE BOND IF
30 THE SECRETARY DETERMINES THE EXPENDITURE TO BE REASONABLE,
19830H1176B3557 - 60 -
1 NECESSARY AND PHYSICALLY POSSIBLE. ANY FUNDS RECEIVED FROM THE
2 FORFEITED BONDS IN EXCESS OF THE AMOUNT THAT IS REQUIRED TO
3 RECLAIM AND PLANT THE AREA OF LAND AFFECTED BY THE OPERATION
4 UPON WHICH LIABILITY WAS CHARGED, AND FUNDS RECEIVED FROM BOND
5 FORFEITURES WHERE RECLAMATION AND PLANTING IS DETERMINED TO BE
6 UNREASONABLE, UNNECESSARY OR PHYSICALLY IMPOSSIBLE, MAY BE USED
7 BY THE SECRETARY FOR ANY OF THE PURPOSES PROVIDED IN SUBSECTION
8 (A).
9 (C) TRANSFER OF EXISTING MONEYS.--MONEYS COLLECTED FROM BOND
10 FORFEITURES FOR MINERALS AS DEFINED IN THIS ACT AND MONEYS
11 COLLECTED PURSUANT TO SECTION 18 OF THE ACT OF MAY 31, 1945
12 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
13 RECLAMATION ACT, FOR MINERALS DEFINED IN THIS ACT, WHICH MONEYS
14 ARE PRESENTLY IN THE SURFACE MINING CONSERVATION AND RECLAMATION
15 FUND, SHALL BE TRANSFERRED TO THIS FUND.
16 SECTION 18. RELEASE OF OPERATOR ON TRANSFER OF OPERATION.
17 WHERE ONE OPERATOR SUCCEEDS ANOTHER AT ANY UNCOMPLETED
18 OPERATION, BY SALE, ASSIGNMENT, LEASE OR OTHERWISE, THE
19 SECRETARY MAY RELEASE THE FIRST OPERATOR FROM ALL LIABILITY
20 UNDER THIS ACT AS TO THAT PARTICULAR OPERATION IF BOTH OPERATORS
21 HAVE COMPLIED WITH THE REQUIREMENTS OF THIS ACT AND THE
22 REGULATIONS PROMULGATED PURSUANT HERETO AND THE SUCCESSOR
23 OPERATOR ASSUMES AS PART OF HIS OBLIGATION UNDER THIS ACT ALL
24 LIABILITY FOR GRADING, PLANTING AND RECLAMATION ON THE LAND
25 AFFECTED BY THE FORMER OPERATOR.
26 SECTION 19. INJUNCTIVE RELIEF.
27 IN ADDITION TO ANY OTHER REMEDY AT LAW OR IN EQUITY OR UNDER
28 THIS ACT, THE DEPARTMENT OR THE ATTORNEY GENERAL MAY APPLY FOR
29 RELIEF BY INJUNCTION TO ENFORCE COMPLIANCE WITH OR TO RESTRAIN
30 VIOLATIONS OF THIS ACT OR ANY RULE, REGULATION, PERMIT CONDITION
19830H1176B3557 - 61 -
1 OR ORDER MADE UNDER THIS ACT. THE REMEDY PRESCRIBED IN THIS
2 SECTION SHALL BE DEEMED CONCURRENT OR CONTEMPORANEOUS WITH ANY
3 OTHER REMEDY AND THE EXISTENCE OR EXERCISE OF ANY ONE REMEDY
4 SHALL NOT PREVENT THE EXERCISE OF ANY OTHER REMEDY.
5 SECTION 20. REMEDIES OF CITIZENS.
6 (A) COMMENCEMENT OF CIVIL ACTION.--EXCEPT AS PROVIDED IN
7 SUBSECTION (C), ANY PERSON HAVING AN INTEREST THAT IS OR MAY BE
8 ADVERSELY AFFECTED MAY COMMENCE A CIVIL ACTION ON HIS OWN BEHALF
9 TO COMPEL COMPLIANCE WITH THIS ACT OR ANY RULE, REGULATION,
10 ORDER OR PERMIT ISSUED PURSUANT TO THIS ACT AGAINST THE
11 DEPARTMENT WHERE THERE IS ALLEGED A FAILURE OF THE DEPARTMENT TO
12 PERFORM ANY ACT THAT IS NOT DISCRETIONARY WITH THE DEPARTMENT OR
13 AGAINST ANY OTHER PERSON WHO IS ALLEGED TO BE IN VIOLATION OF
14 ANY PROVISION OF THIS ACT OR ANY RULE, REGULATION, ORDER OR
15 PERMIT ISSUED PURSUANT TO THIS ACT. ANY OTHER PROVISION OF LAW
16 TO THE CONTRARY NOTWITHSTANDING, THE COURTS OF COMMON PLEAS
17 SHALL HAVE JURISDICTION OF SUCH ACTIONS AND VENUE IN SUCH
18 ACTIONS SHALL BE AS SET FORTH IN THE RULES OF CIVIL PROCEDURE
19 CONCERNING ACTIONS IN ASSUMPSIT.
20 (B) INSPECTION UPON INFORMATION OF VIOLATION.--WHENEVER ANY
21 PERSON PRESENTS INFORMATION TO THE DEPARTMENT THAT GIVES THE
22 DEPARTMENT REASON TO BELIEVE THAT ANY PERSON IS IN VIOLATION OF
23 ANY REQUIREMENT OF THIS ACT OR ANY CONDITION OF ANY PERMIT
24 ISSUED HEREUNDER OR OF THE STATUTES ENUMERATED IN SECTION
25 7(C)(9) OR ANY CONDITION OR ANY PERMIT ISSUED THEREUNDER, THE
26 DEPARTMENT SHALL IMMEDIATELY ORDER INSPECTION OF THE OPERATION
27 AT WHICH THE ALLEGED VIOLATION IS OCCURRING.
28 (C) LIMITATIONS ON COMMENCEMENT OF ACTION.--NO ACTION
29 PURSUANT TO THIS SECTION MAY BE COMMENCED PRIOR TO 60 DAYS AFTER
30 THE PLAINTIFF HAS GIVEN NOTICE IN WRITING OF THE VIOLATION TO
19830H1176B3557 - 62 -
1 THE DEPARTMENT AND TO ANY ALLEGED VIOLATOR. IN ADDITION, NO SUCH
2 ACTION MAY BE COMMENCED IF THE DEPARTMENT HAS COMMENCED AND IS
3 DILIGENTLY PROSECUTING A CIVIL ACTION IN A COURT OF THE UNITED
4 STATES OR OF THE COMMONWEALTH, HAS ISSUED AN ORDER OR HAS
5 ENTERED A CONSENT ORDER AND AGREEMENT OR DECREE TO REQUIRE
6 COMPLIANCE WITH THIS ACT OR ANY RULE, REGULATION, ORDER OR
7 PERMIT ISSUED UNDER THIS ACT, BUT, IN ANY SUCH ACTION IN A COURT
8 OF THE UNITED STATES OR OF THE COMMONWEALTH, ANY PERSON MAY
9 INTERVENE AS A MATTER OF RIGHT.
10 (D) IMMINENT THREATS TO HEALTH AND SAFETY.--THE PROVISIONS
11 IN SUBSECTION (C) REQUIRING 60 DAYS' WRITTEN NOTICE TO THE
12 CONTRARY NOTWITHSTANDING, ANY ACTION UNDER THIS SECTION MAY BE
13 INITIATED IMMEDIATELY UPON WRITTEN NOTIFICATION TO THE
14 DEPARTMENT WHERE THE VIOLATION CONSTITUTES AN IMMINENT THREAT TO
15 THE HEALTH OR SAFETY OF THE PLAINTIFF OR WOULD IMMEDIATELY
16 AFFECT A LEGAL INTEREST OF THE PLAINTIFF.
17 SECTION 21. CIVIL PENALTIES.
18 (A) AUTHORIZATION.--
19 (1) IN ADDITION TO PROCEEDING UNDER ANY OTHER REMEDY
20 AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF A PROVISION
21 OF THIS ACT OR ANY RULE, REGULATION, ORDER OF THE DEPARTMENT
22 OR A CONDITION OF ANY PERMIT ISSUED UNDER THIS ACT, THE
23 DEPARTMENT MAY ASSESS A CIVIL PENALTY UPON A PERSON FOR THE
24 VIOLATION. THE PENALTY MAY BE ASSESSED WHETHER OR NOT THE
25 VIOLATION WAS WILLFUL. THE CIVIL PENALTY SO ASSESSED SHALL
26 NOT EXCEED $5,000 PER DAY FOR EACH VIOLATION THAT LEADS TO
27 THE ISSUANCE OF A CESSATION ORDER. FOR ALL OTHER VIOLATIONS,
28 THE CIVIL PENALTY SO ASSESSED SHALL NOT EXCEED $1,000 PER DAY
29 FOR EACH VIOLATION. A PENALTY MAY NOT BE ASSESSED FOR
30 VIOLATIONS THAT DO NOT LEAD TO THE ISSUANCE OF A CESSATION
19830H1176B3557 - 63 -
1 ORDER WHERE THE OPERATOR DEMONSTRATES THAT THE VIOLATIONS
2 RESULT IN NO ENVIRONMENTAL DAMAGE, NO INJURY TO PERSON OR
3 PROPERTY AND ARE CORRECTED WITHIN THE REQUIRED TIME.
4 (2) IN DETERMINING THE AMOUNT OF THE CIVIL PENALTY, THE
5 DEPARTMENT SHALL CONSIDER THE WILLFULNESS OF THE VIOLATION,
6 DAMAGE OR INJURY TO THE LANDS OR TO THE WATERS OF THIS
7 COMMONWEALTH OR THEIR USES, COST OF RESTORATION AND OTHER
8 RELEVANT FACTORS.
9 (3) IF THE VIOLATION LEADS TO THE ISSUANCE OF A
10 CESSATION ORDER, A CIVIL PENALTY SHALL BE ASSESSED. IF THE
11 VIOLATION INVOLVES THE FAILURE TO CORRECT, WITHIN THE PERIOD
12 PRESCRIBED FOR ITS CORRECTION, A VIOLATION FOR WHICH A
13 CESSATION ORDER OR OTHER ABATEMENT ORDER HAS BEEN ISSUED, A
14 CIVIL PENALTY OF NOT LESS THAN $750 SHALL BE ASSESSED FOR
15 EACH DAY THE VIOLATION CONTINUES BEYOND THE PERIOD PRESCRIBED
16 FOR ITS CORRECTION. IF THE VIOLATION INVOLVES THE FAILURE TO
17 CORRECT, WITHIN THE PERIOD PRESCRIBED FOR ITS CORRECTION, A
18 VIOLATION FOR WHICH A CESSATION ORDER OR OTHER ABATEMENT
19 ORDER WAS NOT ISSUED, A CIVIL PENALTY OF NOT LESS THAN $250
20 SHALL BE ASSESSED FOR EACH DAY THE VIOLATION CONTINUES BEYOND
21 THE PERIOD PRESCRIBED FOR ITS CORRECTION.
22 (B) ESCROW OF PENALTY; JUDGMENTS.--
23 (1) WHEN THE DEPARTMENT PROPOSES TO ASSESS A CIVIL
24 PENALTY, THE SECRETARY SHALL INFORM THE PERSON, WITHIN A
25 PERIOD OF TIME TO BE PRESCRIBED BY RULE AND REGULATION, OF
26 THE PROPOSED AMOUNT OF THE PENALTY. THE PERSON CHARGED WITH
27 THE PENALTY SHALL THEN HAVE 30 DAYS TO PAY THE PROPOSED
28 PENALTY IN FULL OR, IF THE PERSON WISHES TO CONTEST EITHER
29 THE AMOUNT OF THE PENALTY OR THE FACT OF THE VIOLATION,
30 FORWARD THE PROPOSED AMOUNT TO THE SECRETARY FOR PLACEMENT IN
19830H1176B3557 - 64 -
1 AN ESCROW ACCOUNT WITH THE STATE TREASURER OR ANY
2 PENNSYLVANIA BANK, OR POST AN APPEAL BOND IN THE AMOUNT OF
3 THE PROPOSED PENALTY. THE BOND SHALL BE EXECUTED BY A SURETY
4 LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND BE
5 SATISFACTORY TO THE DEPARTMENT. IF, THROUGH ADMINISTRATIVE OR
6 JUDICIAL REVIEW OF THE PROPOSED PENALTY, IT IS DETERMINED
7 THAT NO VIOLATION OCCURRED OR THAT THE AMOUNT OF THE PENALTY
8 SHALL BE REDUCED, THE SECRETARY SHALL, WITHIN 30 DAYS, REMIT
9 THE APPROPRIATE AMOUNT TO THE PERSON, WITH ANY INTEREST
10 ACCUMULATED BY THE ESCROW DEPOSIT. FAILURE TO FORWARD THE
11 MONEY OR THE APPEAL BOND TO THE SECRETARY WITHIN 30 DAYS
12 SHALL RESULT IN A WAIVER OF ALL LEGAL RIGHTS TO CONTEST THE
13 VIOLATION OR THE AMOUNT OF THE PENALTY.
14 (2) THE AMOUNT ASSESSED AFTER ADMINISTRATIVE HEARING, OR
15 AFTER WAIVER OF ADMINISTRATIVE HEARING, SHALL BE PAYABLE TO
16 THE COMMONWEALTH AND SHALL BE COLLECTIBLE IN ANY MANNER
17 PROVIDED UNDER LAW FOR THE COLLECTION OF DEBTS. IF ANY PERSON
18 LIABLE TO PAY ANY SUCH PENALTY NEGLECTS OR REFUSES TO PAY THE
19 SAME AFTER DEMAND, THE AMOUNT, TOGETHER WITH INTEREST AND ANY
20 COSTS THAT MAY ACCRUE, SHALL CONSTITUTE A JUDGMENT IN FAVOR
21 OF THE COMMONWEALTH UPON THE PROPERTY OF THE PERSON FROM THE
22 DATE IT HAS BEEN ENTERED AND DOCKETED OF RECORD BY THE
23 PROTHONOTARY OF THE COUNTY WHERE THE PROPERTY IS SITUATED.
24 THE DEPARTMENT MAY, AT ANY TIME, TRANSMIT TO THE
25 PROTHONOTARIES OF THE RESPECTIVE COUNTIES CERTIFIED COPIES OF
26 ALL SUCH JUDGMENTS, AND IT SHALL BE THE DUTY OF EACH
27 PROTHONOTARY TO ENTER AND DOCKET THE SAME OF RECORD IN HIS
28 OFFICE AND TO INDEX IT AS JUDGMENTS ARE INDEXED, WITHOUT
29 REQUIRING THE PAYMENT OF COSTS AS A CONDITION PRECEDENT TO
30 THE ENTRY THEREOF.
19830H1176B3557 - 65 -
1 (3) ANY OTHER PROVISION OF LAW TO THE CONTRARY
2 NOTWITHSTANDING, THERE SHALL BE A STATUTE OF LIMITATIONS OF
3 FIVE YEARS UPON ACTIONS BROUGHT BY THE COMMONWEALTH UNDER
4 THIS SECTION.
5 SECTION 22. CRIMINAL PENALTIES.
6 (A) MINING WITHOUT A LICENSE OR PERMIT OR IN VIOLATION OF
7 TERMS OF LICENSE.--ANY PERSON WHO PROCEEDS TO MINE MINERALS BY
8 THE SURFACE MINING METHOD AS AN OPERATOR, WITHOUT HAVING APPLIED
9 FOR AND RECEIVED A LICENSE OR A PERMIT AS PROVIDED IN THIS ACT
10 OR IN VIOLATION OF THE TERMS OF HIS LICENSE, COMMITS A
11 MISDEMEANOR OF THE THIRD DEGREE AND, UPON CONVICTION, SHALL BE
12 SENTENCED TO PAY A FINE OF NOT LESS THAN $10,000 OR AN AMOUNT
13 NOT LESS THAN THE TOTAL PROFITS DERIVED BY HIM AS A RESULT OF
14 HIS UNLAWFUL ACTIVITIES, AS DETERMINED BY THE COURT, TOGETHER
15 WITH THE ESTIMATED COST TO THE COMMONWEALTH OF ANY RECLAMATION
16 WORK THAT MAY REASONABLY BE REQUIRED IN ORDER TO RESTORE THE
17 LAND TO ITS CONDITION PRIOR TO THE COMMENCEMENT OF UNLAWFUL
18 ACTIVITIES OR TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN ONE
19 YEAR, OR BOTH.
20 (B) VIOLATIONS GENERALLY.--ANY PERSON WHO VIOLATES ANY
21 PROVISION OF THIS ACT, ANY RULE OR REGULATION OF THE DEPARTMENT,
22 ANY ORDER OF THE DEPARTMENT OR ANY CONDITION OF ANY PERMIT
23 ISSUED UNDER THIS ACT COMMITS A SUMMARY OFFENSE AND, UPON
24 CONVICTION, SHALL BE SUBJECT TO A FINE OF NOT LESS THAN $100 NOR
25 MORE THAN $10,000 FOR EACH SEPARATE OFFENSE AND, IN THE DEFAULT
26 OF THE PAYMENT OF THE FINE, A PERSON SHALL BE IMPRISONED FOR A
27 PERIOD OF 90 DAYS.
28 (C) WILLFUL AND KNOWING VIOLATIONS.--ANY PERSON WHO
29 WILLFULLY AND KNOWINGLY VIOLATES ANY PROVISION OF THIS ACT, ANY
30 RULE OR REGULATION OF THE DEPARTMENT, ANY ORDER OF THE
19830H1176B3557 - 66 -
1 DEPARTMENT OR ANY CONDITION OF ANY PERMIT ISSUED UNDER THIS ACT
2 COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND, UPON CONVICTION,
3 SHALL BE SUBJECT TO A FINE OF NOT LESS THAN $2,500 NOR MORE THAN
4 $25,000 FOR EACH SEPARATE OFFENSE OR TO IMPRISONMENT FOR A
5 PERIOD OF NOT MORE THAN ONE YEAR, OR BOTH.
6 (D) REPEAT WILLFUL AND KNOWING VIOLATIONS.--ANY PERSON WHO,
7 AFTER A CONVICTION OF A MISDEMEANOR FOR ANY VIOLATION WITHIN TWO
8 YEARS AS ABOVE PROVIDED, WILLFULLY AND KNOWINGLY VIOLATES ANY
9 PROVISION OF THIS ACT, ANY RULE OR REGULATION OF THE DEPARTMENT,
10 ANY ORDER OF THE DEPARTMENT OR ANY CONDITION OF ANY PERMIT
11 ISSUED UNDER THIS ACT COMMITS A MISDEMEANOR OF THE SECOND DEGREE
12 AND, UPON CONVICTION, SHALL BE SUBJECT TO A FINE OF NOT LESS
13 THAN $2,500 NOR MORE THAN $50,000 FOR EACH SEPARATE OFFENSE, OR
14 TO IMPRISONMENT FOR A PERIOD OF NOT MORE THAN TWO YEARS, OR
15 BOTH.
16 (E) SEPARATE OFFENSES.--EACH DAY OF CONTINUED VIOLATION OF
17 ANY PROVISION OF THIS ACT, ANY RULE OR REGULATION OF THE
18 DEPARTMENT, ANY PERMIT CONDITION OR ORDER OF THE DEPARTMENT
19 ISSUED UNDER THIS ACT SHALL CONSTITUTE A SEPARATE OFFENSE FOR
20 PURPOSES OF SUBSECTIONS (B) THROUGH (D).
21 (F) JURISDICTION; APPEALS.--ALL SUMMARY PROCEEDINGS UNDER
22 THIS ACT MAY BE BROUGHT BEFORE ANY DISTRICT JUSTICE OF THE
23 COUNTY WHERE THE OFFENSE OCCURRED OR ANY UNLAWFUL DISCHARGE OF
24 INDUSTRIAL WASTE OR POLLUTION WAS MAINTAINED OR IN THE COUNTY
25 WHERE THE PUBLIC IS AFFECTED, AND, TO THAT END, JURISDICTION IS
26 HEREBY CONFERRED UPON THE DISTRICT JUSTICES, SUBJECT TO APPEAL
27 BY EITHER PARTY IN THE MANNER PROVIDED BY LAW. IN THE CASE OF
28 ANY APPEAL FROM ANY SUCH CONVICTION IN THE MANNER PROVIDED BY
29 LAW FOR APPEALS FROM SUMMARY CONVICTIONS, IT SHALL BE THE DUTY
30 OF THE DISTRICT ATTORNEY OF THE COUNTY TO REPRESENT THE
19830H1176B3557 - 67 -
1 INTERESTS OF THE COMMONWEALTH.
2 SECTION 23. UNLAWFUL CONDUCT.
3 (A) GENERAL RULE.--IT SHALL BE UNLAWFUL TO DO ANY OF THE
4 FOLLOWING:
5 (1) VIOLATE THE PROVISIONS OF THIS ACT OR THE
6 REGULATIONS ADOPTED HEREUNDER.
7 (2) FAIL TO COMPLY WITH ANY ORDER, PERMIT, OR LICENSE
8 ISSUED UNDER THIS ACT.
9 (3) CAUSE AIR OR WATER POLLUTION IN CONNECTION WITH
10 MINING AND NOT OTHERWISE PRESCRIBED BY THIS ACT.
11 (4) HINDER, OBSTRUCT, PREVENT OR INTERFERE WITH THE
12 DEPARTMENT OR ITS PERSONNEL IN THE PERFORMANCE OF ANY DUTY
13 HEREUNDER.
14 (5) VIOLATE THE PROVISIONS OF 18 PA.C.S. § 4903
15 (RELATING TO FALSE SWEARING) OR 4904 (RELATING TO UNSWORN
16 FALSIFICATION TO AUTHORITIES).
17 (B) FAILURE TO COMPLY WITH OTHER STATUTES.--FAILURE TO
18 COMPLY WITH THE STATUTES ENUMERATED IN SECTION 7(C)(9) DURING
19 MINING OR THEREAFTER SHALL RENDER THE OPERATOR LIABLE TO THE
20 SANCTIONS AND PENALTIES PROVIDED IN THIS ACT FOR VIOLATIONS OF
21 THIS ACT AND TO THE SANCTIONS AND PENALTIES PROVIDED IN THE
22 STATUTES ENUMERATED IN SECTION 7(C)(9) FOR VIOLATIONS OF THE
23 STATUTES. FAILURE TO COMPLY SHALL BE CAUSE FOR SUSPENSION OR
24 REVOCATION OF ANY APPROVAL OR PERMIT ISSUED BY THE DEPARTMENT TO
25 THE OPERATOR FOR THE SITE ON WHICH THE SURFACE MINING OPERATION
26 IS LOCATED. HOWEVER, A VIOLATION OF THE STATUTES IN SECTION
27 7(C)(9) SHALL NOT BE DEEMED A VIOLATION OF THIS ACT UNLESS THIS
28 ACT'S PROVISIONS ARE VIOLATED BUT SHALL ONLY BE CAUSE FOR
29 SUSPENSION OR REVOCATION OF THE OPERATOR'S PERMIT FOR THE SITE
30 ON WHICH THE SURFACE MINING OPERATION IS LOCATED. COMPLIANCE
19830H1176B3557 - 68 -
1 WITH THE PROVISIONS OF THIS ACT AND THE STATUTES ENUMERATED IN
2 SECTION 7(C)(9) SHALL NOT RELIEVE THE OPERATOR OF THE
3 RESPONSIBILITY FOR COMPLYING WITH THE PROVISIONS OF ALL OTHER
4 APPLICABLE STATUTES. NOTHING IN THIS SUBSECTION SHALL BE
5 CONSTRUED TO LIMIT THE DEPARTMENT'S AUTHORITY TO REGULATE
6 ACTIVITIES IN A COORDINATED MANNER.
7 (C) PROVISIONS VIOLATORS ARE SUBJECT TO.--ANY PERSON
8 ENGAGING IN CONDUCT PROHIBITED BY SUBSECTION (A) SHALL BE
9 SUBJECT TO THE PROVISIONS OF SECTIONS 21, 22 AND THIS SECTION.
10 (D) COURT PROCEEDINGS AUTHORIZED.--THE DEPARTMENT MAY
11 INSTITUTE, IN A COURT OF COMPETENT JURISDICTION, PROCEEDINGS
12 AGAINST ANY PERSON WHO FAILS TO COMPLY WITH THE PROVISIONS OF
13 THIS ACT, ANY RULE OR REGULATION ISSUED HEREUNDER, ANY ORDER OF
14 THE DEPARTMENT OR THE TERMS AND CONDITIONS OF ANY LICENSE OR
15 PERMIT.
16 SECTION 24. EXISTING LICENSES AND PERMITS.
17 ALL ORDERS, PERMITS, LICENSES, DECISIONS AND ACTIONS OF THE
18 DEPARTMENT AND REGULATIONS OF THE ENVIRONMENTAL QUALITY BOARD
19 PERTAINING TO OPERATIONS REGULATED UNDER THIS ACT SHALL REMAIN
20 IN FULL FORCE AND EFFECT UNLESS AND UNTIL MODIFIED, REPEALED,
21 SUSPENDED, SUPERSEDED OR OTHERWISE CHANGED UNDER THE TERMS OF
22 THIS ACT AND THE REGULATIONS PROMULGATED UNDER THIS ACT.
23 SECTION 25. SOIL CONSERVATION DISTRICTS.
24 (A) DELEGATION OF FUNCTIONS.--IN ACCORDANCE WITH REGULATIONS
25 PROMULGATED BY THE ENVIRONMENTAL QUALITY BOARD, THE DEPARTMENT
26 MAY, BY AGREEMENT, DELEGATE TO A CONSERVATION DISTRICT ONE OR
27 MORE OF ITS REGULATORY FUNCTIONS UNDER THIS ACT FOR SURFACE
28 MINING OPERATORS LICENSED TO MINE LESS THAN 2,000 TONS OF
29 MARKETABLE MINERALS PER YEAR. ANY CONSERVATION DISTRICT ACTING
30 PURSUANT TO A DELEGATION AGREEMENT SHALL HAVE THE SAME POWERS
19830H1176B3557 - 69 -
1 AND DUTIES OTHERWISE VESTED IN THE DEPARTMENT TO IMPLEMENT THIS
2 ACT TO THE EXTENT DELEGATED BY AGREEMENT.
3 (B) ACTIVITIES TO BE MONITORED AND SUPERVISED.--THE
4 DEPARTMENT SHALL MONITOR AND SUPERVISE THE ACTIVITIES OF EACH
5 CONSERVATION DISTRICT CONDUCTED PURSUANT TO A DELEGATION
6 AGREEMENT.
7 (C) APPEALS.--ANY PERSON AGGRIEVED BY AN ACTION OF A
8 DISTRICT UNDER A DELEGATION AGREEMENT MAY APPEAL THE ACTION AS
9 PROVIDED BY TITLE 2 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
10 (RELATING TO ADMINISTRATIVE LAW AND PROCEDURE) WITHIN 30 DAYS
11 FOLLOWING NOTICE OF THE ACTION.
12 SECTION 26. WAIVER OF PERMIT REQUIREMENTS; GENERAL PERMITS.
13 (A) WAIVER OF PERMIT REQUIREMENTS.--THE ENVIRONMENTAL
14 QUALITY BOARD MAY, BY REGULATION, WAIVE THE PERMIT REQUIREMENTS
15 FOR ANY CATEGORY OF SURFACE MINING OPERATION UNDER THIS ACT
16 WHICH IT DETERMINES HAS AN INSIGNIFICANT EFFECT UPON THE SAFETY
17 AND PROTECTION OF LIFE, HEALTH, PROPERTY AND THE ENVIRONMENT.
18 (B) ISSUANCE OF GENERAL PERMITS.--THE DEPARTMENT MAY, IN
19 ACCORDANCE WITH RULES ADOPTED BY THE ENVIRONMENTAL QUALITY
20 BOARD, ISSUE GENERAL PERMITS ON A REGIONAL OR STATEWIDE BASIS
21 FOR ANY CATEGORY OF SURFACE MINING OPERATION UNDER THIS ACT IF
22 THE DEPARTMENT DETERMINES THAT THE OPERATIONS IN THE CATEGORY
23 ARE SIMILAR IN NATURE AND CAN BE ADEQUATELY REGULATED UTILIZING
24 STANDARDIZED SPECIFICATIONS AND CONDITIONS. GENERAL PERMITS
25 SHALL SPECIFY THE DESIGN, OPERATING AND MONITORING CONDITIONS AS
26 ARE NECESSARY TO ADEQUATELY PROTECT LIFE, HEALTH, PROPERTY AND
27 THE ENVIRONMENT, UNDER WHICH THE OPERATIONS MAY BE CONDUCTED
28 WITHOUT APPLYING FOR AND OBTAINING INDIVIDUAL PERMITS. THE
29 DEPARTMENT MAY REQUIRE THE REGISTRATION OF ANY OPERATION
30 CONSTRUCTED PURSUANT TO A GENERAL PERMIT. ALL GENERAL PERMITS
19830H1176B3557 - 70 -
1 SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AT LEAST 30 DAYS
2 PRIOR TO THE EFFECTIVE DATE OF THE PERMIT.
3 SECTION 27. REPEALS.
4 EXCEPT AS PROVIDED IN SECTION 4, THE ACT OF MAY 31, 1945
5 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
6 RECLAMATION ACT, IS REPEALED TO THE EXTENT THAT IT APPLIES TO
7 THE SURFACE MINING OF MINERALS OTHER THAN BITUMINOUS AND
8 ANTHRACITE COAL.
9 SECTION 28. EFFECTIVE DATE.
10 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
C30L52JLW/19830H1176B3557 - 71 -