THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY HARHAI, SOLOBAY, DeWEESE, GEORGE, CARROLL, CAUSER, CHRISTIANA, CLYMER, ELLIS, GEIST, GIBBONS, GRUCELA, HENNESSEY, KORTZ, KULA, OBERLANDER, PYLE, REED, REICHLEY, SIPTROTH, STERN, STEVENSON, WHITE AND YOUNGBLOOD, JULY 10, 2009
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JULY 10, 2009
Amending the act of September 24, 1968 (P.L.1040, No.318),
entitled, as amended, "An act providing for the protection of
the safety, health and welfare of the people, property and
public roads and highways of the Commonwealth from conditions
on coal refuse disposal areas, or parts thereof, which fail
to comply with the established rules, regulations or quality
standards adopted to avoid air or water pollution or to
protect water supplies, and from the danger of slipping,
sliding or burning of coal refuse disposal areas, or parts
thereof, sometimes caused by the storage of coal refuse;
prescribing for and regulating the operation of coal refuse
disposal areas, and parts thereof; prescribing the powers of
the Department of Environmental Resources with respect
thereto; providing for the power to enjoin the operation of
coal refuse disposal areas, or parts thereof, which contain
certain conditions; providing for civil and criminal
penalties; authorizing the acquisition by condemnation of
certain land areas in certain cases; establishing a permit
system, authorizing the adoption of rules and regulations,
establishing minimum standards ; requiring bonds and for the
maintenance of primary jurisdiction over surface coal mining
in Pennsylvania; providing incentives for coal refuse
disposal activities on previously affected areas; and
providing for coal refuse disposal research," further
providing for site selection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4.1(a) of the act of September 24, 1968
(P.L.1040, No.318), known as the Coal Refuse Disposal Control
Act, added December 7, 1994 (P.L.808, No.114), is amended to
Section 4.1. Site Selection.--(a) Preferred sites shall be
used for coal refuse disposal unless the applicant demonstrates
to the department another site is more suitable based upon
engineering, geology, economics, transportation systems and
social factors and is not adverse to the public interest. A
preferred site is one of the following:
(1) A watershed polluted by acid mine drainage.
(2) A watershed containing an unreclaimed surface mine but
which has no mining discharge.
(3) A watershed containing an unreclaimed surface mine with
discharges that could be improved by the proposed coal refuse
(4) Unreclaimed coal refuse disposal piles that could be
improved by the proposed coal refuse disposal operation.
(5) Other unreclaimed areas previously affected by mining
(6) An area adjacent to or an expansion of an existing coal
refuse disposal site.
Where, however, the adverse environmental impacts of the
preferred site clearly outweigh the public benefits, the site
shall not be considered a preferred site.
* * *
Section 2. This act shall take effect in 60 days.