1Amend Bill, page 1, lines 1 through 5, by striking out all of
2said lines and inserting

3Amending Title 27 (Environmental Resources) of the Pennsylvania
4Consolidated Statutes, in good Samaritan, further providing
5for findings, for definitions, for eligibility and project
6inventory, for landowner liability limitation and exceptions,
7for project liability limitation and exceptions, for
8exceptions and for water supply replacement; and making
9editorial changes.

10Amend Bill, page 1, lines 8 through 18; pages 2 through 8,
11lines 1 through 30; page 9, lines 1 through 27, by striking out
12all of said lines on said pages and inserting

13Section 1. Section 8102(5) of Title 27 of the Pennsylvania
14Consolidated Statutes is amended to read:

15§ 8102. Findings.

16The General Assembly finds and declares as follows:

17* * *

18(5) Numerous landowners, citizens, watershed associations,
19environmental organizations, private entities and governmental
20entities who do not have a legal responsibility to reclaim the
21abandoned lands or to abate the water pollution are interested
22in addressing these problems but are reluctant to engage in such
23reclamation and abatement activities because of potential
24liabilities associated with the reclamation and abatement
25activities.

26* * *

27Section 2. The definitions of "eligible land and water,"
28"water pollution abatement facilities" and "water pollution
29abatement project" in section 8104 of Title 27 are amended and
30the section is amended by adding definitions to read:

31§ 8104. Definitions.

32The following words and phrases when used in this chapter
33shall have the meanings given to them in this section unless the
34context clearly indicates otherwise:

35* * *

1"Beneficial use." Any use of water for a purpose that 
2results in an economic or environmental benefit, including the 
3supply of water for use by an industrial or commercial facility 
4operating in accordance with the laws of this Commonwealth.

5* * *

6"Eligible land and water." Land and water adversely affected
7by mining or oil or gas extraction [and left or abandoned in an
8unreclaimed or inadequately reclaimed condition or left
9discharging water pollution and] for which no person has a
10continuing reclamation or water pollution abatement obligation.
11The term [shall also include] includes land and water adversely
12affected by mining or oil or gas extraction [and left in an
13unreclaimed or inadequately reclaimed condition or left
14discharging water pollution] for which the Department of
15Environmental Protection has forfeited and collected the
16operators bonds and there is no outstanding litigation
17concerning the bond forfeiture, or for which a treatment trust 
18fund naming the department as the beneficiary has been 
19established.

20* * *

21"Mine drainage" or "mine pool water." Water contained in a
22mine pool, or a surface discharge of water caused by mining
23activities that pollutes or may create a threat of pollution to
24waters of this Commonwealth.

25* * *

26"Mine operator." The permittee of an active or closed mine 
27that treats mine drainage or mine pool water under a permit 
28issued by the department.

29* * *

30"Reclamation project operator." A person who undertakes or 
31performs a reclamation project approved by the department.

32"Treated mine drainage." Water from an active or closed mine 
33that is treated by the mine operator under a permit issued by 
34the department. Treated mine drainage that meets the effluent 
35limits for the National Pollutant Discharge Elimination System 
36permit for the source mine is not a solid waste as defined in 
37section 103 of the act of July 7, 1980 (P.L.380, No.97), known 
38as the Solid Waste Management Act, and the regulations 
39promulgated thereunder.

40* * *

41"Water pollution abatement facilities." The methods for
42treatment or abatement of water pollution located on eligible
43lands and water. These methods include, but are not limited to,
44a structure, system, practice, technique or method constructed,
45installed or followed to reduce, treat or abate such water
46pollution, and facilities to withdraw mine drainage or mine pool 
47water for use in gas well development or another beneficial use.

48"Water pollution abatement project." Any of the following:

49(1) A plan for treatment or abatement of water pollution
50located on eligible lands and water. These plans include, but
51are not limited to, the practices to be followed and the

1installation, operation and maintenance of facilities to
2reduce, treat or abate such water pollution.

3(2) A plan for the withdrawal of mine drainage or mine
4pool water located on eligible lands and water, provided that
5the use is for gas well development or another beneficial
6use. These plans include the installation, operation and
7maintenance of facilities to withdraw such mine drainage or
8mine pool water.

9"Water pollution abatement project operator." A person who 
10undertakes or performs a water pollution abatement project 
11approved by the department.

12Section 3. Section 8105(a), (b) and (d) of Title 27 are
13amended to read:

14§ 8105. Eligibility and project inventory.

15(a) General rule.--A landowner or person who [voluntarily]
16provides equipment, funding, materials or services [at no charge
17or at cost] for a reclamation project or a water pollution
18abatement project in accordance with this chapter may be immune
19from civil liability and may raise the protections afforded by
20this chapter in any subsequent legal proceeding which is brought
21to enforce environmental laws or otherwise impose liability. A
22landowner or other person is only eligible for the protections
23and immunities provided by sections 8106 (relating to landowner
24liability limitation and exceptions) and 8107 (relating to
25project liability limitation and exceptions) if a detailed
26written plan of the proposed reclamation project or water
27pollution abatement project is submitted to and approved by the
28department. The project plan shall include the objective of the
29project and a description of the work that will be performed to
30accomplish the objective and must identify the project location,
31project boundaries, the project participants and the owners of
32the land.

33(b) Notice.--Upon receipt of each project plan, the
34department shall require a water pollution abatement project 
35operator or a reclamation project operator to either give
36written notice by certified mail to adjacent property owners and
37riparian land owners located downstream of the proposed project
38or [will] provide public notice of the proposed project in a
39newspaper of general circulation, published in the locality of
40the proposed project, once a week for four consecutive weeks
41[and]. The department shall give public notice in the
42Pennsylvania Bulletin. [The person proposing the project may
43also provide public notice. Any] All notice under this 
44subsection shall indicate that any person having an interest
45which may be adversely affected by the proposed project has the
46right to file with the department written objection to the
47proposed project within 30 days after receipt of the written
48notice or the last publication of the above notice, which shall
49conclude the public comment period. The department shall provide
50to the person proposing the project a copy of each written
51objection received during the public comment period.

1* * *

2(d) Departmental review.--The department shall review each
3proposed reclamation project and approve the project if the
4department determines the proposed project:

5(1) will result in the regrading of the land to stable
6contours that blend in and complement the drainage pattern of
7the surrounding terrain with no highwalls, spoil piles or
8depressions to accumulate water;

9(2) will result in the appropriate revegetation of the
10site; and

11(3) is not likely to result in water pollution as
12defined in section 1 of the act of June 22, 1937 (P.L.1987, 
13No.394), known as The Clean Streams Law.

14The department shall review each proposed water pollution
15abatement project and approve the project if the department
16determines the proposed project is likely to improve the water
17quality of mine drainage or mine pool water on eligible land and 
18water or will likely have a beneficial impact on water resources 
19in this Commonwealth and is not likely to make the water
20pollution worse.

21* * *

22Section 4. Sections 8106 heading, (a) and (c) and 8107 of
23Title 27 are amended and the sections are amended by adding
24subsections to read:

25§ 8106. [Landowner liability] Liability limitation and
26exceptions.

27(a) General rule.--Except as specifically provided in
28subsections (b) and (c), a landowner who provides access to the
29land[, without charge or other consideration,] which results in
30the implementation of a reclamation project or a water pollution
31abatement project:

32(1) Shall be immune from liability for any injury or
33damage suffered by the person implementing the reclamation
34project or the water pollution abatement project while the
35person is within the project work area.

36(2) Shall be immune from liability for any injury to or
37damage suffered by a third party which arises out of or
38occurs as a result of an act or omission of a person
39implementing a reclamation project or water pollution
40abatement project which occurs during the implementation of
41the reclamation project or the water pollution abatement
42project.

43(3) Shall be immune from liability for any injury to or
44damage suffered by a third party, including adjacent 
45landowners or downstream riparian landowners, which arises
46out of or occurs as a result of a reclamation project or a
47water pollution abatement project.

48(4) Shall not be deemed to assume legal responsibility
49for or incur liability for any pollution resulting from a
50reclamation project or water pollution abatement project.

51(5) Shall not be subject to a citizen suit filed

1pursuant to section 601 of the act of June 22, 1937 
2(P.L.1987, No.394), known as The Clean Streams Law, for
3pollution resulting from a reclamation project or water
4pollution abatement project.

5(6) Shall be immune from liability for the operation,
6maintenance or repair of the water pollution abatement
7facilities constructed or installed during the project unless
8the landowner negligently damages or destroys the water
9pollution abatement facilities or denies access to those
10persons who operate, maintain or repair the water pollution
11abatement facilities.

12* * *

13(c) Exceptions to landowner immunity.--Nothing is this
14chapter shall limit [in any way] or affect a landowner's
15liability which results from a reclamation project or water
16pollution abatement project and which would otherwise exist:

17(1) For injury or damage resulting from the landowner's
18acts or omissions which are reckless or constitute gross
19negligence or willful misconduct.

20[(2) Where the landowner charges an access fee or
21requires other consideration before allowing access to the
22land for the purpose of implementing a reclamation project or
23water pollution abatement project or to operate, maintain or
24repair water pollution abatement facilities constructed or
25installed during a water pollution abatement project.]

26(3) For the landowner's unlawful activities.

27[(4) For damage to adjacent landowners or downstream
28riparian landowners which results from a reclamation project
29or water pollution abatement project where written notice or
30public notice of the proposed project was not provided.]

31(d)  Mine drainage immunity.--A mine operator who provides
32treated mine drainage from a permitted mining activity site
33shall be immune from liability for any cost, injury or damage
34arising out of the use of the treated mine drainage if:

35(1) the treated mine drainage is for use outside the
36boundaries of the permitted mining activity site;

37(2) the treated mine drainage is for the development of
38a gas well or another beneficial use; and

39(3) the mine operator is not the same person using the
40treated mine drainage for gas well development or another
41beneficial use.

42(e) Water pollution abatement immunity.--A water pollution
43abatement project operator who provides mine drainage or mine
44pool water from eligible land and water shall be immune from
45liability for any cost, injury or damage arising out of the use
46of the mine drainage or mine pool water if:

47(1) the mine drainage or mine pool water is for use
48outside the boundaries of the water pollution abatement
49project;

50(2) the mine drainage or mine pool water is for the
51development of a gas well or another beneficial use; and

1(3) the water pollution abatement project operator is
2not the same person using the mine drainage or mine pool
3water for gas well development or another beneficial use.

4(f) Acquisition of water.--A person who acquires mine
5drainage or mine pool water from eligible land and water for use
6in gas well development or another beneficial use may not be
7held liable for the treatment or abatement of the mine drainage
8or mine pool water due to the acquisition or usage.

9(g) Liability limitation.--Except as provided in subsections
10(d) and (e), nothing in this chapter shall limit the liability
11of a person for unlawful spills or releases of mine drainage or
12mine pool water caused by the person after its withdrawal of the
13water that occurs on ineligible land and water in this
14Commonwealth.

15§ 8107. Project liability limitation and exceptions.

16(a) General rule.--Except as specifically provided in
17subsection (b), a [person] reclamation project operator or water 
18pollution abatement project operator who provides equipment,
19funding, materials or services at no cost [or at cost] to the 
20Commonwealth for a reclamation project or a water pollution
21abatement project:

22(1) Shall be immune from liability for any injury to or
23damage suffered by a person which arises out of or occurs as
24a result of the water pollution abatement facilities
25constructed or installed during the water pollution abatement
26project.

27(2) Shall be immune from liability for any pollution
28emanating from the water pollution abatement facilities
29constructed or installed during the water pollution abatement
30project unless the person affects an area that is
31hydrologically connected to the water pollution abatement
32project work area and causes increased pollution by
33activities which are unrelated to the implementation of a
34water pollution abatement project.

35(3) Shall not be deemed to assume responsibility for or
36incur liability for the operation, maintenance and repair of
37the water pollution abatement facilities constructed or
38installed during the water pollution abatement project[.] or 
39for the treatment or abatement of mine drainage or mine pool 
40water that is the object of the water pollution abatement 
41project.

42(4) Shall not be subject to a citizen suit under section
43601 of the act of June 22, 1937 (P.L.1987, No.394), known as
44The Clean Streams Law, for pollution emanating from the water
45pollution abatement facilities constructed or installed
46during the water pollution abatement project.

47(b) Exceptions.--

48(1) Nothing in this chapter shall limit [in any way] the
49liability of a [person] reclamation project operator or a 
50water pollution abatement project operator who provides
51equipment, funding, materials or services [at no cost or at

1cost] for a reclamation project or a water pollution
2abatement project [which liability results from the
3reclamation project or the water pollution abatement project
4and which would otherwise exist]:

5(i) For injury or damage resulting from the
6[person's] water pollution abatement project operator's 
7or the reclamation project operator's acts or omissions
8which are reckless or constitute gross negligence or
9willful misconduct.

10(ii) For the [person's] water pollution abatement 
11project operator's or the reclamation project operator's
12unlawful activities.

13[(iii) For damages to adjacent landowners or
14downstream riparian landowners which result from a
15reclamation project or a water pollution abatement
16project where written notice or public notice of the
17proposed project was not provided.]

18(2) Nothing in this chapter shall limit in any way the
19liability of a person who the department has found to be in
20violation of any of the following acts:

21(i) The act of May 31, 1945 (P.L.1198, No.418),
22known as the Surface Mining Conservation and Reclamation
23Act.

24(ii) The act of April 27, 1966 (1st Sp.Sess., 
25P.L.31, No.1), known as The Bituminous Mine Subsidence
26and Land Conservation Act.

27(c) Definitions.--As used in this section, the term "cost to 
28the Commonwealth" does not include the awarding of grant funds 
29by the department or a Commonwealth agency to a water pollution 
30abatement project operator who:

31(1)  provides equipment, funding, materials or services 
32to the Commonwealth for a reclamation project or a water 
33pollution abatement project; or

34(2)  implements any such project.

35Section 5. Sections 8111(a) and 8112 of Title 27 are amended
36to read:

37§ 8111. Exceptions.

38(a) General rule.--Any person who under existing law [shall
39be] is or may become responsible to reclaim the land adversely 
40affected by mining or oil or gas extraction, or treat or abate
41the water pollution [or any person who for payment or
42consideration or who receives some other benefit through a
43contract or any person who through a consent order and agreement
44or otherwise agrees or is ordered to perform or complete
45reclamation or treat or abate water pollution as well as a
46surety which provided a bond for the site] caused by mining or 
47oil or gas extraction shall not be eligible for nor shall that
48person receive the benefit of the protections and immunities
49available under this chapter, except as specifically provided 
50for in section 8106(d) (relating liability limitation and 
51exceptions).

1* * *

2§ 8112. Water supply replacement.

3A public or private water supply affected by contamination or 
4the diminution caused by the implementation of a reclamation 
5project or the implementation of a water pollution abatement 
6project shall be restored or replaced by the [department] 
7reclamation project operator or the water pollution abatement 
8project operator with an alternate source of water adequate in 
9quantity and quality for the purposes served by the water 
10supply.

11Section 6. This act shall take effect in 60 days.