THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY TOMLINSON, M. WHITE, FONTANA AND EICHELBERGER, MARCH 25, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 25, 2011  

AN ACT

Amending the act of December 19, 1984 (P.L.1093, No.219),

entitled "An act relating to noncoal surface mining

conservation and reclamation," further providing for

temporary cessation and for local ordinances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 13 and 16 of the act of December 19,

1984 (P.L.1093, No.219), known as the Noncoal Surface Mining

Conservation and Reclamation Act, are amended to read:

Section 13.  Temporary cessation.

(a)  General rule.--Except with the express written approval

of the department as provided in subsection (b), the operator

shall maintain mining and reclamation equipment on the site at

all times, shall conduct an active operation and shall conduct

surface mining operations on the site on a regular and

continuous basis.

(b)  Application for temporary cessation.--Before temporary

cessation of operations, the operator shall submit a written

application to the department, including a statement of the

number of acres that have been affected, the reason for

cessation, the date on which temporary cessation is anticipated

and the date on which the operator anticipates that operations

will resume. Except as provided in subsection (c), the

department may not approve the temporary cessation of an

operation for a period exceeding 90 days unless [the cessation

is due to seasonal shutdown or labor strikes.] one of the

following applies:

(1)  The cessation is due to seasonal shutdown or labor

strikes.

(2)  Litigation precludes active surface mining

operations.

(3)  There are conditions which were beyond the control

and without the fault or negligence of the permittee.

(c)  Operations producing highway or construction

aggregates.--For operations producing highway or construction

aggregates, where the temporary cessation is due to the absence

of a current regional market for the mineral being mined,

temporary cessation may not exceed five years.

(d)  Cessation not a release of obligations.--Temporary

cessation shall not relieve the operator of his obligation to

comply with the provisions of this act, the regulations

promulgated hereunder and the conditions of his permit,

including, but not limited to, compliance with all applicable

environmental protection performance standards.

Section 16.  Local ordinances.

Except with respect to zoning ordinances adopted pursuant to

Article VI of the act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, all local

ordinances and enactments purporting to regulate surface mining

are hereby superseded. The Commonwealth, by this enactment,

hereby preempts the regulation of surface mining as herein

defined.

Section 2.  The amendment of section 16 of the act shall

apply to any subdivision and land development plan pending on or

after the effective date of this section.

Section 3.  This act shall take effect immediately.