PRINTER'S NO. 1359
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1038
Session of
2022
INTRODUCED BY STEFANO AND MENSCH, JANUARY 26, 2022
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 26, 2022
AN ACT
Amending the act of May 31, 1945 (P.L.1198, No.418), entitled
"An act providing for the conservation and improvement of
land affected in connection with surface mining; regulating
such mining; providing for the establishment of an Emergency
Bond Fund for anthracite deep mine operators; and providing
penalties," further providing for land reclamation financial
guarantees; and making an inconsistent repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 19.2(b) of the act of May 31, 1945
(P.L.1198, No.418), known as the Surface Mining Conservation and
Reclamation Act, is amended by adding a clause to read:
Section 19.2. Land Reclamation Financial Guarantees.--* * *
(b) * * *
(8) (i) Notwithstanding section 8(a) of the act of June 22,
1937 (P.L.1987, No.394), known as "The Clean Streams Law," the
following shall be transferred by the department into the
Reclamation Fee O&M Trust Account:
(A) Civil penalties collected for a violation under section
605 of "The Clean Streams Law," which is in any manner connected
with or related to a coal mining activity as defined in 25 Pa.
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Code § 86.1 (relating to definitions).
(B) Moneys collected as a result of a violation of any rule,
regulation or order of the department or condition of any permit
issued under "The Clean Streams Law," which is in any manner
connected with or related to a coal mining activity as defined
in 25 Pa. Code § 86.1.
(ii) All civil penalties and money specified under this
clause shall be used to pay for construction costs and operation
and maintenance costs associated with treating postmining
pollutional discharges at ABS Legacy Sites as defined in 25 Pa.
Code § 86.1.
* * *
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
section 19.2(b)(8) of the act.
(2) Section 8(a) of the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law, is repealed insofar
as it is inconsistent with the addition of section 19.2(b)(8)
of the act.
Section 3. This act shall take effect in 60 days.
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