SENATE AMENDED PRIOR PRINTER'S NOS. 926, 2399 PRINTER'S NO. 2488
No. 868 Session of 1999
INTRODUCED BY S. H. SMITH, TANGRETTI, HERSHEY, ARGALL, CAWLEY, GEIST, GEORGE, HALUSKA, HENNESSEY, HERMAN, LAUGHLIN, LEH, MICOZZIE, ROSS, SAYLOR, SERAFINI, STABACK, STERN, SURRA, TIGUE, TRELLO, YOUNGBLOOD, LEVDANSKY, STEELMAN, RAMOS, MAHER, COLAFELLA, LESCOVITZ, FARGO AND DeWEESE, MARCH 10, 1999
SENATOR WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, IN SENATE, AS AMENDED, OCTOBER 19, 1999
AN ACT 1 Providing immunity for certain persons who reclaim certain 2 abandoned lands or abate certain water pollution. 3 TABLE OF CONTENTS <-- 4 SECTION 1. SHORT TITLE. 5 SECTION 2. FINDINGS. 6 SECTION 3. PURPOSE. 7 SECTION 4. DEFINITIONS. 8 SECTION 5. ELIGIBILITY AND PROJECT INVENTORY. 9 SECTION 6. LANDOWNER LIABILITY LIMITATION AND EXCEPTIONS. 10 SECTION 7. PROJECT LIABILITY LIMITATION AND EXCEPTIONS. 11 SECTION 8. PERMITS AND ZONING. 12 SECTION 9. RELATIONSHIP TO FEDERAL AND STATE PROGRAMS. 13 SECTION 10. GENERAL PERMITS. 14 SECTION 11. EXCEPTIONS. 15 SECTION 12. WATER SUPPLY REPLACEMENT.
1 SECTION 13. ORPHAN OIL AND GAS WELLS. 2 SECTION 14. REGULATIONS. 3 SECTION 15. REPEAL. 4 SECTION 16. EFFECTIVE DATE. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Environmental 9 Good Samaritan Act. 10 Section 2. Findings. 11 The General Assembly finds and declares as follows: 12 (1) This Commonwealth's long history of mining and the 13 extraction of oil and gas has left some lands and waters 14 unreclaimed and polluted. 15 (2) These abandoned lands and polluted waters are 16 unproductive, erode the tax base and are serious impediments 17 to the economic welfare and growth of this Commonwealth. 18 (3) The unreclaimed lands and polluted waters present a 19 danger to the health, safety and welfare of the people and 20 the environment. 21 (4) This Commonwealth does not possess sufficient 22 resources to reclaim all the abandoned lands and to abate the 23 water pollution. 24 (5) Numerous landowners, citizens, watershed 25 associations, environmental organizations and governmental 26 entities who do not have a legal responsibility to reclaim 27 the abandoned lands or to abate the water pollution are 28 interested in addressing these problems but are reluctant to 29 engage in such reclamation and abatement activities because 30 of potential liabilities associated with the reclamation and 19990H0868B2488 - 2 -
1 abatement activities.
2 (6) It is in the best interest of the health, safety and
3 welfare of the people of this Commonwealth and the
4 environment to encourage reclamation of the abandoned lands
5 and abatement of water pollution.
6 Section 3. Purpose.
7 This act is intended to encourage the improvement of land and
8 water adversely affected by mining and oil and gas extraction,
9 to aid in the protection of wildlife, to decrease soil erosion,
10 to aid in the prevention and abatement of the pollution of
11 rivers and streams, to protect and improve the environmental
12 values of this Commonwealth and to eliminate or abate hazards to
13 health and safety. It is the intent of the General Assembly to
14 encourage voluntary reclamation of lands adversely affected by
15 mining or oil or gas extraction. The purpose of this act is to
16 improve water quality and to control and eliminate water
17 pollution resulting from mining or oil or gas extraction or
18 exploration by limiting the liability which could arise as a
19 result of the voluntary reclamation of abandoned lands or the
20 reduction and abatement of water pollution. This act is not
21 intended to limit the liability of a person who under existing
22 law is or may become responsible to reclaim the land or address
23 the water pollution or anyone who by contract, order or
24 otherwise is required to or agrees to perform the reclamation or
25 abate the water pollution.
26 Section 4. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Approved project." A reclamation project or water pollution <--
19990H0868B2488 - 3 -
1 abatement project approved by the Department of Environmental 2 Protection prior to completion. 3 "ABANDONED LANDS." LAND ADVERSELY AFFECTED BY MINERAL OR OIL <-- 4 OR GAS EXTRACTION AND LEFT OR ABANDONED IN AN UNRECLAIMED OR 5 INADEQUATELY RECLAIMED CONDITION. 6 "Consideration." Something of value promised, given or 7 performed in exchange for something which has the effect of 8 making a legally enforceable contract. For the purpose of this 9 act, the term does not include a promise to a landowner to 10 repair damage caused by a reclamation project or water pollution 11 abatement project when the promise is made in exchange for 12 access to the land. 13 "Department." The Department of Environmental Protection of 14 the Commonwealth. 15 "Eligible land and water." Land and water adversely affected 16 by mining or oil or gas extraction and left or abandoned in an 17 unreclaimed or inadequately reclaimed condition or left 18 discharging water pollution and for which no person has a 19 continuing reclamation or water pollution abatement obligation. 20 The term shall also include land and water adversely affected by 21 mining or oil or gas extraction and left in an unreclaimed or 22 inadequately reclaimed condition or left discharging water 23 pollution for which the Department of Environmental Protection 24 has forfeited and collected the operators bonds and there is no 25 outstanding litigation concerning the bond forfeiture. 26 "Landowner." A person who holds either legal or equitable 27 interest in real property. 28 "Mineral." Any aggregate or mass of mineral matter, whether 29 or not coherent, which is extracted by mining, including, but 30 not limited to, limestone, dolomite, sand, gravel, slate, 19990H0868B2488 - 4 -
1 argillite, diabase, gneiss, micaceous sandstone known as 2 bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore, 3 vermiculite, clay and anthracite and bituminous coal. 4 "PERMITTED MINING ACTIVITY SITE." A SITE PERMITTED BY THE <-- 5 DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO ONE OR MORE 6 OF THE FOLLOWING ACTS: 7 (1) THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN 8 AS THE CLEAN STREAMS LAW; 9 (2) THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS 10 THE SURFACE MINING CONSERVATION AND RECLAMATION ACT; 11 (3) THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31, 12 NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND 13 CONSERVATION ACT; 14 (4) THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318), 15 KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT; OR 16 (5) THE ACT OF DECEMBER 19, 1984 (P.L.1093, NO.219), 17 KNOWN AS THE NONCOAL SURFACE MINING CONSERVATION AND 18 RECLAMATION ACT. 19 "Person." A natural person, partnership, association, 20 association members, corporation, political subdivision of the 21 Commonwealth, an agency, instrumentality or entity of Federal or 22 State Government or other legal entity recognized by law as the 23 subject of rights and liabilities. 24 "Project work area." That land necessary for a person to 25 complete a reclamation project or a water pollution abatement 26 project. 27 "Reclamation project." The restoration of eligible lands and 28 water to productive use by regrading and revegetating the land 29 to stable contours that blend in and complement the drainage 30 pattern of the surrounding terrain with no highwalls, spoil 19990H0868B2488 - 5 -
1 piles or depressions to accumulate water and by plugging 2 abandoned oil or gas wells and removing production of OR storage <-- 3 facilities, supplies and equipment from areas disturbed in 4 siting, drilling, completing and producing such wells. 5 "WATER POLLUTION." POLLUTION OF THE WATERS OF THIS <-- 6 COMMONWEALTH AS DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 7 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, WHICH WAS 8 CAUSED BY MINING ACTIVITIES OR OIL OR GAS EXTRACTION OR 9 EXPLORATION FOR THESE RESOURCES. 10 "Water pollution abatement facilities." The methods for 11 treatment or abatement of water pollution located on eligible 12 lands and water. These methods include, but are not limited to, 13 a structure, system, practice, technique or method constructed, 14 installed or followed to reduce, treat or abate such water 15 pollution. 16 "Water pollution abatement project." A plan for treatment or 17 abatement of water pollution located on eligible lands and 18 water. These plans include, but are not limited to, the 19 practices to be followed and the installation, operation and 20 maintenance of facilities to reduce, treat or abate such water 21 pollution. 22 Section 5. Consultation with department. <-- 23 (a) General rule.--Landowners and persons planning a 24 reclamation project or a water pollution abatement project may 25 notify the department of their proposed project. If notified, 26 the department shall review its files and advise whether any 27 person is legally responsible for the unreclaimed land or the 28 water pollution and whether the proposed project would be 29 located on eligible lands and water. 30 (b) Inventory of projects.--The department shall develop and 19990H0868B2488 - 6 -
1 maintain a system to inventory and record each water pollution 2 abatement project and each reclamation project which is 3 submitted in writing, reviewed and approved by the department 4 before each project is completed. The approved project inventory 5 shall identify the land containing the project work area and 6 each landowner and each person who, through participation in the 7 reclamation project or water pollution abatement project, is 8 entitled to the protections and immunities provided by this act. 9 (c) Nature of department approval and identification.--For 10 the purposes of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice 11 and procedure of Commonwealth agencies), the act of July 13, 12 1988 (P.L.530, No.94), known as the Environmental Hearing Board 13 Act, and the Environmental Hearing Board's regulation at 25 Pa. 14 Code Ch. 1021 (relating to practice and procedures), the 15 following shall not be an adjudication or an action: 16 (1) The department's approval or disapproval of a 17 reclamation project or a water pollution abatement project. 18 (2) The department's identification or failure to 19 identify in the approved project inventory land containing 20 the project work area or a landowner or a person who 21 participated in a reclamation project or in a water pollution 22 abatement project. 23 (d) Presumptions.-- 24 (1) Every landowner and person identified in the 25 approved project inventory shall be presumed to be covered by 26 the protections and immunities provided by this act. This 27 presumption may be rebutted by clear and convincing evidence 28 that the landowner or person did not participate in an 29 approved reclamation project or water pollution abatement 30 project. 19990H0868B2488 - 7 -
1 (2) A landowner or a person who participates in a 2 reclamation project or a water pollution abatement project 3 which is not an approved project is eligible for the 4 protections and immunities provided by this act but shall not 5 be entitled to the presumption provided by paragraph (1). 6 SECTION 5. ELIGIBILITY AND PROJECT INVENTORY. <-- 7 (A) GENERAL RULE.--A LANDOWNER OR PERSON WHO VOLUNTARILY 8 PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO CHARGE OR AT 9 COST FOR A RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 10 PROJECT IN ACCORDANCE WITH THIS ACT MAY BE IMMUNE FROM CIVIL 11 LIABILITY, AND MAY RAISE THE PROTECTIONS AFFORDED BY THIS ACT IN 12 ANY SUBSEQUENT LEGAL PROCEEDING WHICH IS BROUGHT TO ENFORCE 13 ENVIRONMENTAL LAWS OR OTHERWISE IMPOSE LIABILITY. A LANDOWNER OR 14 OTHER PERSON IS ONLY ELIGIBLE FOR THE PROTECTIONS AND IMMUNITIES 15 PROVIDED BY SECTIONS 6 AND 7 IF A DETAILED WRITTEN PLAN OF THE 16 PROPOSED RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT 17 PROJECT IS SUBMITTED TO AND APPROVED BY THE DEPARTMENT. THE 18 PROJECT PLAN SHALL INCLUDE THE OBJECTIVE OF THE PROJECT AND A 19 DESCRIPTION OF THE WORK THAT WILL BE PERFORMED TO ACCOMPLISH THE 20 OBJECTIVE AND MUST IDENTIFY THE PROJECT LOCATION, PROJECT 21 BOUNDARIES, THE PROJECT PARTICIPANTS AND THE OWNERS OF THE LAND. 22 (B) NOTICE.--UPON RECEIPT OF EACH PROJECT PLAN THE 23 DEPARTMENT SHALL EITHER GIVE WRITTEN NOTICE BY CERTIFIED MAIL TO 24 ADJACENT PROPERTY OWNERS AND RIPARIAN LAND OWNERS LOCATED 25 DOWNSTREAM OF THE PROPOSED PROJECT OR WILL PROVIDE PUBLIC NOTICE 26 OF THE PROPOSED PROJECT IN A NEWSPAPER OF GENERAL CIRCULATION, 27 PUBLISHED IN THE LOCALITY OF THE PROPOSED PROJECT, ONCE A WEEK 28 FOR FOUR CONSECUTIVE WEEKS AND SHALL GIVE PUBLIC NOTICE IN THE 29 PENNSYLVANIA BULLETIN. THE PERSON PROPOSING THE PROJECT MAY ALSO 30 PROVIDE PUBLIC NOTICE. ANY PERSON HAVING AN INTEREST WHICH MAY 19990H0868B2488 - 8 -
1 BE ADVERSELY AFFECTED BY THE PROPOSED PROJECT HAS THE RIGHT TO 2 FILE WITH THE DEPARTMENT WRITTEN OBJECTION TO THE PROPOSED 3 PROJECT WITHIN 30 DAYS AFTER RECEIPT OF THE WRITTEN NOTICE OR 4 THE LAST PUBLICATION OF THE ABOVE NOTICE WHICH SHALL CONCLUDE 5 THE PUBLIC COMMENT PERIOD. THE DEPARTMENT SHALL PROVIDE TO THE 6 PERSON PROPOSING THE PROJECT A COPY OF EACH WRITTEN OBJECTION 7 RECEIVED DURING THE PUBLIC COMMENT PERIOD. 8 (C) ADVICE.--THE DEPARTMENT MAY PROVIDE ADVICE TO THE 9 LANDOWNER OR OTHER INTERESTED PERSON BASED UPON THE DEPARTMENT'S 10 KNOWLEDGE AND EXPERIENCE IN PERFORMING RECLAMATION PROJECTS AND 11 WATER POLLUTION ABATEMENT PROJECTS. 12 (D) DEPARTMENTAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH 13 PROPOSED RECLAMATION PROJECT AND APPROVE THE PROJECT IF THE 14 DEPARTMENT DETERMINES THE PROPOSED PROJECT: 15 (1) WILL RESULT IN THE REGRADING OF THE LAND TO STABLE 16 CONTOURS THAT BLEND IN AND COMPLEMENT THE DRAINAGE PATTERN OF 17 THE SURROUNDING TERRAIN WITH NO HIGHWALLS, SPOIL PILES OR 18 DEPRESSIONS TO ACCUMULATE WATER; 19 (2) WILL RESULT IN THE APPROPRIATE REVEGETATION OF THE 20 SITE; AND 21 (3) IS NOT LIKELY TO RESULT IN WATER POLLUTION AS 22 DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 (P.L.1987, 23 NO.394), KNOWN AS THE CLEAN STREAMS LAW. 24 THE DEPARTMENT SHALL REVIEW EACH PROPOSED WATER POLLUTION 25 ABATEMENT PROJECT AND APPROVE THE PROJECT IF THE DEPARTMENT 26 DETERMINES THE PROPOSED PROJECT IS LIKELY TO IMPROVE THE WATER 27 QUALITY AND IS NOT LIKELY TO MAKE THE WATER POLLUTION WORSE. 28 (E) ADDITIONAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH 29 PROJECT PLAN IN ACCORDANCE WITH SECTION 11(B). 30 (F) PROJECT INVENTORY.--THE DEPARTMENT SHALL DEVELOP AND 19990H0868B2488 - 9 -
1 MAINTAIN A SYSTEM TO INVENTORY AND RECORD EACH PROJECT, THE 2 PROJECT LOCATION AND BOUNDARIES, EACH LANDOWNER AND EACH PERSON 3 IDENTIFIED IN A PROJECT PLAN PROVIDED TO THE DEPARTMENT. THE 4 INVENTORY SHALL INCLUDE THE RESULTS OF THE DEPARTMENT'S REVIEW 5 OF THE PROPOSED PROJECT AND, WHERE APPLICABLE, INCLUDE THE 6 DEPARTMENT'S FINDINGS UNDER SECTION 11(B). 7 (G) APPEAL.--A PERSON AGGRIEVED BY A DEPARTMENT DECISION TO 8 APPROVE OR DISAPPROVE A RECLAMATION PROJECT OR A WATER POLLUTION 9 ABATEMENT PROJECT HAS THE RIGHT TO FILE AN APPEAL WITH THE 10 ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH THE ACT OF JULY 11 13, 1988 (P.L.530, NO.94), KNOWN AS THE ENVIRONMENTAL HEARING 12 BOARD ACT, AND IN ACCORDANCE WITH THE ENVIRONMENTAL HEARING 13 BOARD'S RULES, 25 PA. CODE CH. 1021 (RELATING TO PRACTICE AND 14 PROCEDURES). 15 Section 6. Landowner liability limitation and exceptions. 16 (a) General rule.--Except as specifically provided in 17 subsections (b) and (c), a landowner who provides access to the 18 land, without charge or other consideration, which results in 19 the implementation of a reclamation project or a water pollution 20 abatement project: 21 (1) Shall be immune from liability for any injury or 22 damage suffered by the person implementing the reclamation 23 project or the water pollution abatement project while the 24 person is within the project work area. 25 (2) Shall be immune from liability for any injury to or 26 damage suffered by a third party which arises out of or 27 occurs as a result of an act or omission of a person 28 implementing a reclamation project or water pollution 29 abatement project which occurs during the implementation of 30 the reclamation project or the water pollution abatement 19990H0868B2488 - 10 -
1 project. 2 (3) Shall be immune from liability for any injury to or 3 damage suffered by a third party which arises out of or 4 occurs as a result of a reclamation project or a water 5 pollution abatement project. 6 (4) Shall not be deemed to assume legal responsibility 7 for or incur liability for any pollution resulting from a 8 reclamation project or water pollution abatement project. 9 (5) Shall not be subject to a citizen suit filed 10 pursuant to section 601 of the act of June 22, 1937 11 (P.L.1987, No.394), known as The Clean Streams Law, for 12 pollution resulting from a reclamation project or water 13 pollution abatement project. 14 (6) Shall be immune from liability for the operation, 15 maintenance or repair of the water pollution abatement 16 facilities constructed or installed during the project unless 17 the landowner negligently damages or destroys the water 18 pollution abatement facilities or denies access to those 19 persons who operate, maintain or repair the water pollution 20 abatement facilities. 21 (b) Duty to warn.--A landowner shall warn a person 22 implementing a reclamation project or water pollution abatement 23 project of known, latent, dangerous conditions located on the 24 project work area which known, latent, dangerous conditions are 25 not the subject of the reclamation project or the water 26 pollution abatement project. Nothing in this act shall limit in 27 any way or affect a landowner's liability which results from the 28 landowner's failure to warn of such known, latent, dangerous 29 conditions. 30 (c) Exceptions to immunity.--Nothing is this act shall limit 19990H0868B2488 - 11 -
1 in any way or affect a landowner's liability which results from
2 a reclamation project or water pollution abatement project and
3 which would otherwise exist:
4 (1) For injury or damage resulting from the landowner's
5 acts or omissions which are reckless or constitute gross
6 negligence or willful misconduct.
7 (2) Where the landowner charges an access fee or
8 requires other consideration before allowing access to the
9 land for the purpose of implementing a reclamation project or
10 water pollution abatement project or to operate, maintain or
11 repair water pollution abatement facilities constructed or
12 installed during a water pollution abatement project.
13 (3) For the landowner's unlawful activities.
14 (4) FOR DAMAGE TO ADJACENT LANDOWNERS OR DOWNSTREAM <--
15 RIPARIAN LANDOWNERS WHICH RESULTS FROM A RECLAMATION PROJECT
16 OR WATER POLLUTION ABATEMENT PROJECT WHERE WRITTEN NOTICE OR
17 PUBLIC NOTICE OF THE PROPOSED PROJECT WAS NOT PROVIDED.
18 Section 7. Project liability limitation and exceptions.
19 (a) General rule.--Except as specifically provided in
20 subsection (b), a person who implements or participates in <--
21 PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO COST OR AT COST <--
22 FOR a reclamation project or a water pollution abatement
23 project:
24 (1) Shall be immune from liability for any injury to or
25 damage suffered by a person which arises out of or occurs as
26 a result of the water pollution abatement facilities
27 constructed or installed during the water pollution abatement
28 project.
29 (2) Shall be immune from liability for any pollution
30 emanating from the water pollution abatement facilities
19990H0868B2488 - 12 -
1 constructed or installed during the water pollution abatement 2 project unless the person affects an area that is 3 hydrologically connected to the water pollution abatement 4 project work area and causes increased pollution by 5 activities which are unrelated to the implementation of a 6 water pollution abatement project. 7 (3) Shall not be deemed to assume responsibility for or 8 incur liability for the operation, maintenance and repair of 9 the water pollution abatement facilities constructed or 10 installed during the water pollution abatement project. 11 (4) Shall not be subject to a citizen suit under section 12 601 of the act of June 22, 1937 (P.L.1987, No.394), known as 13 The Clean Streams Law, for pollution emanating from the water 14 pollution abatement facilities constructed or installed 15 during the water pollution abatement project. 16 (b) Exceptions.-- 17 (1) Nothing in this act shall limit in any way the 18 liability of a person who implements or participates in a 19 reclamation project or a water pollution abatement project 20 which liability results from the reclamation project or the 21 water pollution abatement project and which would otherwise 22 exist: 23 (i) For injury or damage resulting from the person's 24 acts or omissions which are reckless or constitute gross 25 negligence or willful misconduct. 26 (ii) For the person's unlawful activities. 27 (III) FOR DAMAGES TO ADJACENT LANDOWNERS OR <-- 28 DOWNSTREAM RIPARIAN LANDOWNERS WHICH RESULT FROM A 29 RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 30 PROJECT WHERE WRITTEN NOTICE OR PUBLIC NOTICE OF THE 19990H0868B2488 - 13 -
1 PROPOSED PROJECT WAS NOT PROVIDED. 2 (2) Nothing in this act shall limit in any way the 3 liability of a person who the department has found to be in 4 violation of any of the following acts: 5 (i) The act of May 31, 1945 (P.L.1198, No.418), 6 known as the Surface Mining Conservation and Reclamation 7 Act. 8 (ii) The act of April 27, 1966 (1st Sp.Sess., 9 P.L.31, No.1), known as The Bituminous Mine Subsidence 10 and Land Conservation Act. 11 (iii) The act of July 7, 1980 (P.L.380, No.97), <-- 12 known as the Solid Waste Management Act. 13 (iv) Any other Federal or State statute relating to 14 environmental protection or to the protection of the 15 public health, safety and welfare. 16 Section 8. Permits and zoning. 17 Nothing in this act shall be construed as waiving any 18 existing permit requirements or waiving any local zoning 19 requirements. 20 Section 9. Relationship to Federal and State programs. 21 The provisions of this act shall not prevent the Commonwealth 22 from enforcing requirements necessary or imposed by the Federal 23 Government as a condition to receiving or maintaining program 24 authorization, delegation, primacy or Federal funds. 25 Section 10. General permits. 26 If the department determines it will further the purposes of 27 this act, the department may issue a general permit for each 28 reclamation project or water pollution abatement project, which 29 general permit shall: 30 (1) Encompass all of the activities included in that 19990H0868B2488 - 14 -
1 reclamation project or water pollution abatement project. 2 (2) Be issued in place of any required stream 3 encroachment, earth disturbance or national pollution 4 discharge elimination system permits. 5 Section 11. Exceptions. 6 (a) General rule.--Any person who under existing law shall 7 be or may become responsible to reclaim the land or treat or 8 abate the water pollution or any person who for payment or 9 consideration or who receives some other benefit through a 10 contract, or any person who through a consent order and 11 agreement or otherwise agrees or is ordered to perform or 12 complete reclamation or treat or abate water pollution as well 13 as a surety which provided a bond for the site shall not be 14 eligible for nor shall that person receive the benefit of the 15 protections and immunities available under this act. 16 (b) Projects near mining or coal refuse sites.--This act 17 shall not apply to a reclamation project or a water pollution 18 abatement project that is located adjacent to, hydrologically 19 connected to or in close proximity to a site permitted under the 20 act of May 31, 1945 (P.L.1198, No.418), known as the Surface 21 Mining Conservation and Reclamation Act, the act of April 27, 22 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine 23 Subsidence and Land Conservation Act, the act of September 24, 24 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal 25 Control Act, or the act of December 19, 1984 (P.L.1093, No.219), 26 known as the Noncoal Surface Mining Conservation and Reclamation 27 Act, unless: 28 (1) The reclamation project or water pollution abatement 29 project is submitted to the department in writing before the 30 project is started. 19990H0868B2488 - 15 -
1 (2) The department finds: 2 (i) The reclamation project or the water pollution 3 abatement project will not adversely affect the 4 permittee's obligations under the permit and the 5 applicable law. 6 (ii) The activities on the project work area cannot 7 be used by the permittee to avoid the permittee's 8 reclamation or water pollution treatment or abatement 9 obligations. 10 (3) The department issues a written notice of its 11 findings and the approval of the project. 12 (c) Projects in lieu of civil penalties.--This act shall not 13 apply to a reclamation project or a water pollution abatement 14 project that is performed in lieu of paying civil penalties. 15 (d) Land Recycling and Environmental Remediation Standards 16 Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land 17 Recycling and Environmental Remediation Standards Act, DOES NOT <-- 18 APPLY to reclamation projects or water pollution abatement 19 projects implemented under this act. 20 SECTION 12. WATER SUPPLY REPLACEMENT. <-- 21 A PUBLIC OR PRIVATE WATER SUPPLY AFFECTED BY CONTAMINATION OR 22 THE DIMINUTION CAUSED BY THE IMPLEMENTATION OF A RECLAMATION 23 PROJECT OR THE IMPLEMENTATION OF A WATER POLLUTION ABATEMENT 24 PROJECT SHALL BE RESTORED OR REPLACED BY THE DEPARTMENT WITH AND 25 ALTERNATE SOURCE OF WATER ADEQUATE IN QUANTITY AND QUALITY FOR 26 THE PURPOSES SERVED BY THE WATER SUPPLY. 27 SECTION 13. ORPHAN OIL AND GAS WELLS. 28 A RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT PROJECT 29 SHALL NOT BE IMPLEMENTED IN A MANNER WHICH WILL LIMIT ACCESS TO 30 AN ORPHAN GAS WELL OR AN ORPHAN OIL WELL. 19990H0868B2488 - 16 -
1 Section 12 14. Regulations. <-- 2 The department may promulgate rules and regulations necessary 3 to implement the provisions of this act. 4 Section 13 15. Repeal. <-- 5 All acts and parts of acts are repealed insofar as they are 6 inconsistent with this act. 7 Section 14 16. Effective date. <-- 8 This act shall take effect in 60 days. B22L27JS/19990H0868B2488 - 17 -