SENATE AMENDED PRIOR PRINTER'S NOS. 926, 2399, 2488 PRINTER'S NO. 2773
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
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, DECEMBER 7, 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. 16 SECTION 13. ORPHAN OIL AND GAS WELLS.
1 SECTION 14. REGULATIONS. 2 SECTION 15. REPEAL. 3 SECTION 16. EFFECTIVE DATE. 4 AMENDING TITLE 27 (ENVIRONMENTAL RESOURCES) OF THE PENNSYLVANIA <-- 5 CONSOLIDATED STATUTES, PROVIDING FOR WATERSHED PROTECTION AND 6 ENVIRONMENTAL STEWARDSHIP; ESTABLISHING THE ENVIRONMENTAL 7 STEWARDSHIP FUND; CONFERRING POWERS AND DUTIES ON THE 8 DEPARTMENT OF AGRICULTURE, THE DEPARTMENT OF CONSERVATION AND 9 NATURAL RESOURCES, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 10 AND THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT AUTHORITY; 11 IMPOSING A RECYCLING FEE; PROVIDING FOR USE OF SITE-SPECIFIC 12 POSTCLOSURE FUNDS AND FOR IMMUNITY FOR CERTAIN PERSONS WHO 13 RECLAIM ABANDONED LANDS OR ABATE CERTAIN WATER POLLUTION; 14 MAKING APPROPRIATIONS; AND MAKING REPEALS. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Short title. <-- 18 This act shall be known and may be cited as the Environmental 19 Good Samaritan Act. 20 Section 2. Findings. 21 The General Assembly finds and declares as follows: 22 (1) This Commonwealth's long history of mining and the 23 extraction of oil and gas has left some lands and waters 24 unreclaimed and polluted. 25 (2) These abandoned lands and polluted waters are 26 unproductive, erode the tax base and are serious impediments 27 to the economic welfare and growth of this Commonwealth. 28 (3) The unreclaimed lands and polluted waters present a 29 danger to the health, safety and welfare of the people and 30 the environment. 19990H0868B2773 - 2 -
1 (4) This Commonwealth does not possess sufficient 2 resources to reclaim all the abandoned lands and to abate the 3 water pollution. 4 (5) Numerous landowners, citizens, watershed 5 associations, environmental organizations and governmental 6 entities who do not have a legal responsibility to reclaim 7 the abandoned lands or to abate the water pollution are 8 interested in addressing these problems but are reluctant to 9 engage in such reclamation and abatement activities because 10 of potential liabilities associated with the reclamation and 11 abatement activities. 12 (6) It is in the best interest of the health, safety and 13 welfare of the people of this Commonwealth and the 14 environment to encourage reclamation of the abandoned lands 15 and abatement of water pollution. 16 Section 3. Purpose. 17 This act is intended to encourage the improvement of land and 18 water adversely affected by mining and oil and gas extraction, 19 to aid in the protection of wildlife, to decrease soil erosion, 20 to aid in the prevention and abatement of the pollution of 21 rivers and streams, to protect and improve the environmental 22 values of this Commonwealth and to eliminate or abate hazards to 23 health and safety. It is the intent of the General Assembly to 24 encourage voluntary reclamation of lands adversely affected by 25 mining or oil or gas extraction. The purpose of this act is to 26 improve water quality and to control and eliminate water 27 pollution resulting from mining or oil or gas extraction or 28 exploration by limiting the liability which could arise as a 29 result of the voluntary reclamation of abandoned lands or the 30 reduction and abatement of water pollution. This act is not 19990H0868B2773 - 3 -
1 intended to limit the liability of a person who under existing 2 law is or may become responsible to reclaim the land or address 3 the water pollution or anyone who by contract, order or 4 otherwise is required to or agrees to perform the reclamation or 5 abate the water pollution. 6 Section 4. Definitions. 7 The following words and phrases when used in this act shall 8 have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Approved project." A reclamation project or water pollution 11 abatement project approved by the Department of Environmental 12 Protection prior to completion. 13 "ABANDONED LANDS." LAND ADVERSELY AFFECTED BY MINERAL OR OIL <-- 14 OR GAS EXTRACTION AND LEFT OR ABANDONED IN AN UNRECLAIMED OR 15 INADEQUATELY RECLAIMED CONDITION. 16 "Consideration." Something of value promised, given or 17 performed in exchange for something which has the effect of 18 making a legally enforceable contract. For the purpose of this 19 act, the term does not include a promise to a landowner to 20 repair damage caused by a reclamation project or water pollution 21 abatement project when the promise is made in exchange for 22 access to the land. 23 "Department." The Department of Environmental Protection of 24 the Commonwealth. 25 "Eligible land and water." Land and water adversely affected 26 by mining or oil or gas extraction and left or abandoned in an 27 unreclaimed or inadequately reclaimed condition or left 28 discharging water pollution and for which no person has a 29 continuing reclamation or water pollution abatement obligation. 30 The term shall also include land and water adversely affected by 19990H0868B2773 - 4 -
1 mining or oil or gas extraction and left in an unreclaimed or 2 inadequately reclaimed condition or left discharging water 3 pollution for which the Department of Environmental Protection 4 has forfeited and collected the operators bonds and there is no 5 outstanding litigation concerning the bond forfeiture. 6 "Landowner." A person who holds either legal or equitable 7 interest in real property. 8 "Mineral." Any aggregate or mass of mineral matter, whether 9 or not coherent, which is extracted by mining, including, but 10 not limited to, limestone, dolomite, sand, gravel, slate, 11 argillite, diabase, gneiss, micaceous sandstone known as 12 bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore, 13 vermiculite, clay and anthracite and bituminous coal. 14 "PERMITTED MINING ACTIVITY SITE." A SITE PERMITTED BY THE <-- 15 DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO ONE OR MORE 16 OF THE FOLLOWING ACTS: 17 (1) THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN 18 AS THE CLEAN STREAMS LAW; 19 (2) THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS 20 THE SURFACE MINING CONSERVATION AND RECLAMATION ACT; 21 (3) THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31, 22 NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND 23 CONSERVATION ACT; 24 (4) THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318), 25 KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT; OR 26 (5) THE ACT OF DECEMBER 19, 1984 (P.L.1093, NO.219), 27 KNOWN AS THE NONCOAL SURFACE MINING CONSERVATION AND 28 RECLAMATION ACT. 29 "Person." A natural person, partnership, association, 30 association members, corporation, political subdivision of the 19990H0868B2773 - 5 -
1 Commonwealth, an agency, instrumentality or entity of Federal or 2 State Government or other legal entity recognized by law as the 3 subject of rights and liabilities. 4 "Project work area." That land necessary for a person to 5 complete a reclamation project or a water pollution abatement 6 project. 7 "Reclamation project." The restoration of eligible lands and 8 water to productive use by regrading and revegetating the land 9 to stable contours that blend in and complement the drainage 10 pattern of the surrounding terrain with no highwalls, spoil 11 piles or depressions to accumulate water and by plugging 12 abandoned oil or gas wells and removing production of OR storage <-- 13 facilities, supplies and equipment from areas disturbed in 14 siting, drilling, completing and producing such wells. 15 "WATER POLLUTION." POLLUTION OF THE WATERS OF THIS <-- 16 COMMONWEALTH AS DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 17 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, WHICH WAS 18 CAUSED BY MINING ACTIVITIES OR OIL OR GAS EXTRACTION OR 19 EXPLORATION FOR THESE RESOURCES. 20 "Water pollution abatement facilities." The methods for 21 treatment or abatement of water pollution located on eligible 22 lands and water. These methods include, but are not limited to, 23 a structure, system, practice, technique or method constructed, 24 installed or followed to reduce, treat or abate such water 25 pollution. 26 "Water pollution abatement project." A plan for treatment or 27 abatement of water pollution located on eligible lands and 28 water. These plans include, but are not limited to, the 29 practices to be followed and the installation, operation and 30 maintenance of facilities to reduce, treat or abate such water 19990H0868B2773 - 6 -
1 pollution. 2 Section 5. Consultation with department. 3 (a) General rule.--Landowners and persons planning a 4 reclamation project or a water pollution abatement project may 5 notify the department of their proposed project. If notified, 6 the department shall review its files and advise whether any 7 person is legally responsible for the unreclaimed land or the 8 water pollution and whether the proposed project would be 9 located on eligible lands and water. 10 (b) Inventory of projects.--The department shall develop and 11 maintain a system to inventory and record each water pollution 12 abatement project and each reclamation project which is 13 submitted in writing, reviewed and approved by the department 14 before each project is completed. The approved project inventory 15 shall identify the land containing the project work area and 16 each landowner and each person who, through participation in the 17 reclamation project or water pollution abatement project, is 18 entitled to the protections and immunities provided by this act. 19 (c) Nature of department approval and identification.--For 20 the purposes of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice 21 and procedure of Commonwealth agencies), the act of July 13, 22 1988 (P.L.530, No.94), known as the Environmental Hearing Board 23 Act, and the Environmental Hearing Board's regulation at 25 Pa. 24 Code Ch. 1021 (relating to practice and procedures), the 25 following shall not be an adjudication or an action: 26 (1) The department's approval or disapproval of a 27 reclamation project or a water pollution abatement project. 28 (2) The department's identification or failure to 29 identify in the approved project inventory land containing 30 the project work area or a landowner or a person who 19990H0868B2773 - 7 -
1 participated in a reclamation project or in a water pollution 2 abatement project. 3 (d) Presumptions.-- 4 (1) Every landowner and person identified in the 5 approved project inventory shall be presumed to be covered by 6 the protections and immunities provided by this act. This 7 presumption may be rebutted by clear and convincing evidence 8 that the landowner or person did not participate in an 9 approved reclamation project or water pollution abatement 10 project. 11 (2) A landowner or a person who participates in a 12 reclamation project or a water pollution abatement project 13 which is not an approved project is eligible for the 14 protections and immunities provided by this act but shall not 15 be entitled to the presumption provided by paragraph (1). 16 SECTION 5. ELIGIBILITY AND PROJECT INVENTORY. <-- 17 (A) GENERAL RULE.--A LANDOWNER OR PERSON WHO VOLUNTARILY 18 PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO CHARGE OR AT 19 COST FOR A RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 20 PROJECT IN ACCORDANCE WITH THIS ACT MAY BE IMMUNE FROM CIVIL 21 LIABILITY, AND MAY RAISE THE PROTECTIONS AFFORDED BY THIS ACT IN 22 ANY SUBSEQUENT LEGAL PROCEEDING WHICH IS BROUGHT TO ENFORCE 23 ENVIRONMENTAL LAWS OR OTHERWISE IMPOSE LIABILITY. A LANDOWNER OR 24 OTHER PERSON IS ONLY ELIGIBLE FOR THE PROTECTIONS AND IMMUNITIES 25 PROVIDED BY SECTIONS 6 AND 7 IF A DETAILED WRITTEN PLAN OF THE 26 PROPOSED RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT 27 PROJECT IS SUBMITTED TO AND APPROVED BY THE DEPARTMENT. THE 28 PROJECT PLAN SHALL INCLUDE THE OBJECTIVE OF THE PROJECT AND A 29 DESCRIPTION OF THE WORK THAT WILL BE PERFORMED TO ACCOMPLISH THE 30 OBJECTIVE AND MUST IDENTIFY THE PROJECT LOCATION, PROJECT 19990H0868B2773 - 8 -
1 BOUNDARIES, THE PROJECT PARTICIPANTS AND THE OWNERS OF THE LAND. 2 (B) NOTICE.--UPON RECEIPT OF EACH PROJECT PLAN THE 3 DEPARTMENT SHALL EITHER GIVE WRITTEN NOTICE BY CERTIFIED MAIL TO 4 ADJACENT PROPERTY OWNERS AND RIPARIAN LAND OWNERS LOCATED 5 DOWNSTREAM OF THE PROPOSED PROJECT OR WILL PROVIDE PUBLIC NOTICE 6 OF THE PROPOSED PROJECT IN A NEWSPAPER OF GENERAL CIRCULATION, 7 PUBLISHED IN THE LOCALITY OF THE PROPOSED PROJECT, ONCE A WEEK 8 FOR FOUR CONSECUTIVE WEEKS AND SHALL GIVE PUBLIC NOTICE IN THE 9 PENNSYLVANIA BULLETIN. THE PERSON PROPOSING THE PROJECT MAY ALSO 10 PROVIDE PUBLIC NOTICE. ANY PERSON HAVING AN INTEREST WHICH MAY 11 BE ADVERSELY AFFECTED BY THE PROPOSED PROJECT HAS THE RIGHT TO 12 FILE WITH THE DEPARTMENT WRITTEN OBJECTION TO THE PROPOSED 13 PROJECT WITHIN 30 DAYS AFTER RECEIPT OF THE WRITTEN NOTICE OR 14 THE LAST PUBLICATION OF THE ABOVE NOTICE WHICH SHALL CONCLUDE 15 THE PUBLIC COMMENT PERIOD. THE DEPARTMENT SHALL PROVIDE TO THE 16 PERSON PROPOSING THE PROJECT A COPY OF EACH WRITTEN OBJECTION 17 RECEIVED DURING THE PUBLIC COMMENT PERIOD. 18 (C) ADVICE.--THE DEPARTMENT MAY PROVIDE ADVICE TO THE 19 LANDOWNER OR OTHER INTERESTED PERSON BASED UPON THE DEPARTMENT'S 20 KNOWLEDGE AND EXPERIENCE IN PERFORMING RECLAMATION PROJECTS AND 21 WATER POLLUTION ABATEMENT PROJECTS. 22 (D) DEPARTMENTAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH 23 PROPOSED RECLAMATION PROJECT AND APPROVE THE PROJECT IF THE 24 DEPARTMENT DETERMINES THE PROPOSED PROJECT: 25 (1) WILL RESULT IN THE REGRADING OF THE LAND TO STABLE 26 CONTOURS THAT BLEND IN AND COMPLEMENT THE DRAINAGE PATTERN OF 27 THE SURROUNDING TERRAIN WITH NO HIGHWALLS, SPOIL PILES OR 28 DEPRESSIONS TO ACCUMULATE WATER; 29 (2) WILL RESULT IN THE APPROPRIATE REVEGETATION OF THE 30 SITE; AND 19990H0868B2773 - 9 -
1 (3) IS NOT LIKELY TO RESULT IN WATER POLLUTION AS 2 DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 (P.L.1987, 3 NO.394), KNOWN AS THE CLEAN STREAMS LAW. 4 THE DEPARTMENT SHALL REVIEW EACH PROPOSED WATER POLLUTION 5 ABATEMENT PROJECT AND APPROVE THE PROJECT IF THE DEPARTMENT 6 DETERMINES THE PROPOSED PROJECT IS LIKELY TO IMPROVE THE WATER 7 QUALITY AND IS NOT LIKELY TO MAKE THE WATER POLLUTION WORSE. 8 (E) ADDITIONAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH 9 PROJECT PLAN IN ACCORDANCE WITH SECTION 11(B). 10 (F) PROJECT INVENTORY.--THE DEPARTMENT SHALL DEVELOP AND 11 MAINTAIN A SYSTEM TO INVENTORY AND RECORD EACH PROJECT, THE 12 PROJECT LOCATION AND BOUNDARIES, EACH LANDOWNER AND EACH PERSON 13 IDENTIFIED IN A PROJECT PLAN PROVIDED TO THE DEPARTMENT. THE 14 INVENTORY SHALL INCLUDE THE RESULTS OF THE DEPARTMENT'S REVIEW 15 OF THE PROPOSED PROJECT AND, WHERE APPLICABLE, INCLUDE THE 16 DEPARTMENT'S FINDINGS UNDER SECTION 11(B). 17 (G) APPEAL.--A PERSON AGGRIEVED BY A DEPARTMENT DECISION TO 18 APPROVE OR DISAPPROVE A RECLAMATION PROJECT OR A WATER POLLUTION 19 ABATEMENT PROJECT HAS THE RIGHT TO FILE AN APPEAL WITH THE 20 ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH THE ACT OF JULY 21 13, 1988 (P.L.530, NO.94), KNOWN AS THE ENVIRONMENTAL HEARING 22 BOARD ACT, AND IN ACCORDANCE WITH THE ENVIRONMENTAL HEARING 23 BOARD'S RULES, 25 PA. CODE CH. 1021 (RELATING TO PRACTICE AND 24 PROCEDURES). 25 Section 6. Landowner liability limitation and exceptions. 26 (a) General rule.--Except as specifically provided in 27 subsections (b) and (c), a landowner who provides access to the 28 land, without charge or other consideration, which results in 29 the implementation of a reclamation project or a water pollution 30 abatement project: 19990H0868B2773 - 10 -
1 (1) Shall be immune from liability for any injury or 2 damage suffered by the person implementing the reclamation 3 project or the water pollution abatement project while the 4 person is within the project work area. 5 (2) Shall be immune from liability for any injury to or 6 damage suffered by a third party which arises out of or 7 occurs as a result of an act or omission of a person 8 implementing a reclamation project or water pollution 9 abatement project which occurs during the implementation of 10 the reclamation project or the water pollution abatement 11 project. 12 (3) Shall be immune from liability for any injury to or 13 damage suffered by a third party which arises out of or 14 occurs as a result of a reclamation project or a water 15 pollution abatement project. 16 (4) Shall not be deemed to assume legal responsibility 17 for or incur liability for any pollution resulting from a 18 reclamation project or water pollution abatement project. 19 (5) Shall not be subject to a citizen suit filed 20 pursuant to section 601 of the act of June 22, 1937 21 (P.L.1987, No.394), known as The Clean Streams Law, for 22 pollution resulting from a reclamation project or water 23 pollution abatement project. 24 (6) Shall be immune from liability for the operation, 25 maintenance or repair of the water pollution abatement 26 facilities constructed or installed during the project unless 27 the landowner negligently damages or destroys the water 28 pollution abatement facilities or denies access to those 29 persons who operate, maintain or repair the water pollution 30 abatement facilities. 19990H0868B2773 - 11 -
1 (b) Duty to warn.--A landowner shall warn a person 2 implementing a reclamation project or water pollution abatement 3 project of known, latent, dangerous conditions located on the 4 project work area which known, latent, dangerous conditions are 5 not the subject of the reclamation project or the water 6 pollution abatement project. Nothing in this act shall limit in 7 any way or affect a landowner's liability which results from the 8 landowner's failure to warn of such known, latent, dangerous 9 conditions. 10 (c) Exceptions to immunity.--Nothing is this act shall limit 11 in any way or affect a landowner's liability which results from 12 a reclamation project or water pollution abatement project and 13 which would otherwise exist: 14 (1) For injury or damage resulting from the landowner's 15 acts or omissions which are reckless or constitute gross 16 negligence or willful misconduct. 17 (2) Where the landowner charges an access fee or 18 requires other consideration before allowing access to the 19 land for the purpose of implementing a reclamation project or 20 water pollution abatement project or to operate, maintain or 21 repair water pollution abatement facilities constructed or 22 installed during a water pollution abatement project. 23 (3) For the landowner's unlawful activities. 24 (4) FOR DAMAGE TO ADJACENT LANDOWNERS OR DOWNSTREAM <-- 25 RIPARIAN LANDOWNERS WHICH RESULTS FROM A RECLAMATION PROJECT 26 OR WATER POLLUTION ABATEMENT PROJECT WHERE WRITTEN NOTICE OR 27 PUBLIC NOTICE OF THE PROPOSED PROJECT WAS NOT PROVIDED. 28 Section 7. Project liability limitation and exceptions. 29 (a) General rule.--Except as specifically provided in 30 subsection (b), a person who implements or participates in 19990H0868B2773 - 12 -
1 PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO COST OR AT COST <-- 2 FOR a reclamation project or a water pollution abatement 3 project: 4 (1) Shall be immune from liability for any injury to or 5 damage suffered by a person which arises out of or occurs as 6 a result of the water pollution abatement facilities 7 constructed or installed during the water pollution abatement 8 project. 9 (2) Shall be immune from liability for any pollution 10 emanating from the water pollution abatement facilities 11 constructed or installed during the water pollution abatement 12 project unless the person affects an area that is 13 hydrologically connected to the water pollution abatement 14 project work area and causes increased pollution by 15 activities which are unrelated to the implementation of a 16 water pollution abatement project. 17 (3) Shall not be deemed to assume responsibility for or 18 incur liability for the operation, maintenance and repair of 19 the water pollution abatement facilities constructed or 20 installed during the water pollution abatement project. 21 (4) Shall not be subject to a citizen suit under section 22 601 of the act of June 22, 1937 (P.L.1987, No.394), known as 23 The Clean Streams Law, for pollution emanating from the water 24 pollution abatement facilities constructed or installed 25 during the water pollution abatement project. 26 (b) Exceptions.-- 27 (1) Nothing in this act shall limit in any way the 28 liability of a person who implements or participates in a 29 reclamation project or a water pollution abatement project 30 which liability results from the reclamation project or the 19990H0868B2773 - 13 -
1 water pollution abatement project and which would otherwise 2 exist: 3 (i) For injury or damage resulting from the person's 4 acts or omissions which are reckless or constitute gross 5 negligence or willful misconduct. 6 (ii) For the person's unlawful activities. 7 (III) FOR DAMAGES TO ADJACENT LANDOWNERS OR <-- 8 DOWNSTREAM RIPARIAN LANDOWNERS WHICH RESULT FROM A 9 RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 10 PROJECT WHERE WRITTEN NOTICE OR PUBLIC NOTICE OF THE 11 PROPOSED PROJECT WAS NOT PROVIDED. 12 (2) Nothing in this act shall limit in any way the 13 liability of a person who the department has found to be in 14 violation of any of the following acts: 15 (i) The act of May 31, 1945 (P.L.1198, No.418), 16 known as the Surface Mining Conservation and Reclamation 17 Act. 18 (ii) The act of April 27, 1966 (1st Sp.Sess., 19 P.L.31, No.1), known as The Bituminous Mine Subsidence 20 and Land Conservation Act. 21 (iii) The act of July 7, 1980 (P.L.380, No.97), 22 known as the Solid Waste Management Act. 23 (iv) Any other Federal or State statute relating to 24 environmental protection or to the protection of the 25 public health, safety and welfare. 26 Section 8. Permits and zoning. 27 Nothing in this act shall be construed as waiving any 28 existing permit requirements or waiving any local zoning 29 requirements. 30 Section 9. Relationship to Federal and State programs. 19990H0868B2773 - 14 -
1 The provisions of this act shall not prevent the Commonwealth 2 from enforcing requirements necessary or imposed by the Federal 3 Government as a condition to receiving or maintaining program 4 authorization, delegation, primacy or Federal funds. 5 Section 10. General permits. 6 If the department determines it will further the purposes of 7 this act, the department may issue a general permit for each 8 reclamation project or water pollution abatement project, which 9 general permit shall: 10 (1) Encompass all of the activities included in that 11 reclamation project or water pollution abatement project. 12 (2) Be issued in place of any required stream 13 encroachment, earth disturbance or national pollution 14 discharge elimination system permits. 15 Section 11. Exceptions. 16 (a) General rule.--Any person who under existing law shall 17 be or may become responsible to reclaim the land or treat or 18 abate the water pollution or any person who for payment or 19 consideration or who receives some other benefit through a 20 contract, or any person who through a consent order and 21 agreement or otherwise agrees or is ordered to perform or 22 complete reclamation or treat or abate water pollution as well 23 as a surety which provided a bond for the site shall not be 24 eligible for nor shall that person receive the benefit of the 25 protections and immunities available under this act. 26 (b) Projects near mining or coal refuse sites.--This act 27 shall not apply to a reclamation project or a water pollution 28 abatement project that is located adjacent to, hydrologically 29 connected to or in close proximity to a site permitted under the 30 act of May 31, 1945 (P.L.1198, No.418), known as the Surface 19990H0868B2773 - 15 -
1 Mining Conservation and Reclamation Act, the act of April 27, 2 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine 3 Subsidence and Land Conservation Act, the act of September 24, 4 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal 5 Control Act, or the act of December 19, 1984 (P.L.1093, No.219), 6 known as the Noncoal Surface Mining Conservation and Reclamation 7 Act, unless: 8 (1) The reclamation project or water pollution abatement 9 project is submitted to the department in writing before the 10 project is started. 11 (2) The department finds: 12 (i) The reclamation project or the water pollution 13 abatement project will not adversely affect the 14 permittee's obligations under the permit and the 15 applicable law. 16 (ii) The activities on the project work area cannot 17 be used by the permittee to avoid the permittee's 18 reclamation or water pollution treatment or abatement 19 obligations. 20 (3) The department issues a written notice of its 21 findings and the approval of the project. 22 (c) Projects in lieu of civil penalties.--This act shall not 23 apply to a reclamation project or a water pollution abatement 24 project that is performed in lieu of paying civil penalties. 25 (d) Land Recycling and Environmental Remediation Standards 26 Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land 27 Recycling and Environmental Remediation Standards Act, DOES NOT <-- 28 APPLY to reclamation projects or water pollution abatement 29 projects implemented under this act. 30 SECTION 12. WATER SUPPLY REPLACEMENT. <-- 19990H0868B2773 - 16 -
1 A PUBLIC OR PRIVATE WATER SUPPLY AFFECTED BY CONTAMINATION OR 2 THE DIMINUTION CAUSED BY THE IMPLEMENTATION OF A RECLAMATION 3 PROJECT OR THE IMPLEMENTATION OF A WATER POLLUTION ABATEMENT 4 PROJECT SHALL BE RESTORED OR REPLACED BY THE DEPARTMENT WITH AND 5 ALTERNATE SOURCE OF WATER ADEQUATE IN QUANTITY AND QUALITY FOR 6 THE PURPOSES SERVED BY THE WATER SUPPLY. 7 SECTION 13. ORPHAN OIL AND GAS WELLS. 8 A RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT PROJECT 9 SHALL NOT BE IMPLEMENTED IN A MANNER WHICH WILL LIMIT ACCESS TO 10 AN ORPHAN GAS WELL OR AN ORPHAN OIL WELL. 11 Section 14. Regulations. <-- 12 The department may promulgate rules and regulations necessary 13 to implement the provisions of this act. 14 Section 15. Repeal. <-- 15 All acts and parts of acts are repealed insofar as they are 16 inconsistent with this act. 17 Section 16. Effective date. <-- 18 This act shall take effect in 60 days. 19 SECTION 1. TITLE 27 OF THE PENNSYLVANIA CONSOLIDATED <-- 20 STATUTES IS AMENDED BY ADDING PARTS TO READ: 21 TITLE 27 22 ENVIRONMENTAL PROTECTION 23 PART 24 I. PRELIMINARY PROVISIONS (RESERVED) 25 II. ADMINISTRATIVE PROVISIONS (RESERVED) 26 III. CONSERVATION AND NATURAL RESOURCES (RESERVED) 27 IV. ENVIRONMENTAL PROTECTION (RESERVED) 28 V. SPECIAL PROGRAMS 29 VI. SANCTIONS AND REMEDIES 30 VII. MISCELLANEOUS PROVISIONS (RESERVED) 19990H0868B2773 - 17 -
1 PART I 2 PRELIMINARY PROVISIONS 3 (RESERVED) 4 PART II 5 ADMINISTRATIVE PROVISIONS 6 (RESERVED) 7 PART III 8 CONSERVATION AND NATURAL RESOURCES 9 (RESERVED) 10 PART IV 11 ENVIRONMENTAL PROTECTION 12 (RESERVED) 13 PART V 14 SPECIAL PROGRAMS 15 CHAPTER 16 61. WATERSHED PROTECTION. 17 CHAPTER 61 18 ENVIRONMENTAL STEWARDSHIP 19 SEC. 20 6101. SHORT TITLE OF CHAPTER. 21 6102. LEGISLATIVE FINDINGS. 22 6103. DEFINITIONS. 23 6104. FUND. 24 6105. AGENCIES. 25 6106. PROPERTY AND EQUIPMENT RESTRICTIONS. 26 6107. FEDERAL PROGRAMS. 27 6108. WILD RESOURCE CONSERVATION FUND; DUTIES OF DEPARTMENT OF 28 CONSERVATION AND NATURAL RESOURCES. 29 6109. SEWAGE CONSTRUCTION PAYMENTS TO MUNICIPALITIES. 30 6110. ENVIRONMENTAL INFRASTRUCTURE GRANTS TO WATER AND 19990H0868B2773 - 18 -
1 WASTEWATER TREATMENT FACILITIES. 2 6111. PROTECTION OF RECYCLING FUND. 3 6112. EXTENSION OF FEES. 4 6113. EFFECT OF REPEAL OF SITE-SPECIFIC POSTCLOSURE FUND 5 PROVISIONS. 6 § 6101. SHORT TITLE OF CHAPTER. 7 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE 8 ENVIRONMENTAL STEWARDSHIP AND WATERSHED PROTECTION ACT. 9 § 6102. LEGISLATIVE FINDINGS. 10 THE GENERAL ASSEMBLY HEREBY DETERMINES, DECLARES AND FINDS AS 11 FOLLOWS: 12 (1) NINETY-SIX PERCENT OF THE WATER-QUALITY-IMPAIRED 13 WATERSHEDS IN THIS COMMONWEALTH ARE POLLUTED BECAUSE OF 14 NONPOINT SOURCES OF POLLUTION SUCH AS PAST MINING ACTIVITIES, 15 URBAN AND AGRICULTURAL RUNOFF, ATMOSPHERIC DEPOSITION, ON-LOT 16 SEWAGE SYSTEMS AND EARTHMOVING. 17 (2) THE COMMONWEALTH CONTINUES TO HAVE UNMET NEEDS IN 18 THE AREA OF WATER AND SEWER INFRASTRUCTURE. NEW AND IMPROVED 19 WATER SOURCES, TREATMENT AND DISTRIBUTION SYSTEMS ARE 20 NECESSARY FOR PUBLIC DRINKING WATER SUPPLIES. 21 (3) THE COMMONWEALTH OWNS APPROXIMATELY 2.4 MILLION 22 ACRES OF STATE PARK AND STATE FOREST LANDS AND MANY OF THESE 23 LANDS SUFFER FROM PAST ENVIRONMENTAL PROBLEMS INCLUDING 24 UNRECLAIMED MINES, ACID MINE DRAINAGE AND ABANDONED OIL AND 25 GAS WELLS. 26 (4) OPEN SPACE, GREENWAYS, RECREATIONAL TRAILS, RIVER 27 CORRIDORS, FISH AND WILDLIFE HABITATS, PARKS AND RECREATION 28 AREAS AND SCENIC ENVIRONMENTS PROTECT THE ENVIRONMENT, 29 CONSERVE NATURAL RESOURCES AND ADD VALUE TO COMMUNITIES. 30 (5) STATE PROGRAMS AND STATE FUNDING SHOULD PROVIDE 19990H0868B2773 - 19 -
1 MAXIMUM FLEXIBILITY FOR ELECTED COUNTY AND MUNICIPAL 2 GOVERNMENTAL OFFICIALS TO IDENTIFY, PRIORITIZE AND ADDRESS 3 LOCAL ENVIRONMENTAL CONCERNS INCLUDING ODOR ABATEMENT 4 PROBLEMS AT SEWAGE TREATMENT PLANTS. 5 § 6103. DEFINITIONS. 6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 7 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 8 CONTEXT CLEARLY INDICATES OTHERWISE: 9 "ACQUISITION." THE PURCHASE, OR LEASE WITH AN OPTION TO 10 PURCHASE, OF LAND, EASEMENTS OR BUILDINGS FOR PUBLIC PARKS, 11 CONSERVATION, HISTORICAL OR RECREATION USES. 12 "AUTHORITY." THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT 13 AUTHORITY. 14 "AUTHORIZED ORGANIZATION." AN ENTITY INVOLVED IN RESEARCH, 15 RESTORATION, REHABILITATION, PLANNING, ACQUISITION, DEVELOPMENT, 16 EDUCATION OR OTHER ACTIVITIES, WHICH FURTHERS THE PROTECTION, 17 ENHANCEMENT, CONSERVATION, PRESERVATION OR ENJOYMENT OF THIS 18 COMMONWEALTH'S ENVIRONMENTAL, CONSERVATION, RECREATION OR 19 SIMILAR RESOURCES. THE ORGANIZATION MUST BE A TAX-EXEMPT 20 INSTITUTION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE 21 OF 1986 (PUBLIC LAW 99-154, 26 U.S.C. § 501(C)(3)) AND 22 REGISTERED WITH THE BUREAU OF CHARITABLE ORGANIZATIONS OR AN 23 EDUCATIONAL INSTITUTION INVOLVED IN THESE AUTHORIZED ACTIVITIES 24 OR A MUNICIPAL AUTHORITY. 25 "DEPARTMENTS." THE DEPARTMENT OF AGRICULTURE, THE DEPARTMENT 26 OF CONSERVATION AND NATURAL RESOURCES AND THE DEPARTMENT OF 27 ENVIRONMENTAL PROTECTION OF THE COMMONWEALTH. 28 "DEVELOPMENT." NEW CONSTRUCTION, IMPROVEMENT, ALTERATION OR 29 RENOVATION REQUIRED FOR AND COMPATIBLE WITH THE PHYSICAL 30 DEVELOPMENT OR IMPROVEMENT OF LAND OR BUILDINGS. 19990H0868B2773 - 20 -
1 "FUND." THE ENVIRONMENTAL STEWARDSHIP FUND ESTABLISHED IN 2 SECTION 6104 (RELATING TO FUND). 3 "INTERIOR LAND." LAND THAT HAS AT LEAST 65% OF ITS BOUNDARY 4 LINES IMMEDIATELY BORDERED BY EITHER STATE FOREST OR STATE PARK 5 LANDS. 6 "PLANNING." THE PREPARATION OF PARK, RECREATION AND OPEN 7 SPACE PLANS, RIVER CORRIDOR AND WATERSHED PLANS, MASTER SITE 8 DEVELOPMENT PLANS, FEASIBILITY STUDIES, NATURAL AREAS STUDIES 9 AND INVENTORIES, GREENWAYS AND RECREATIONAL TRAIL PLANS, 10 MAINTENANCE MANAGEMENT PLANS, CONSERVATION PLANS, ZONING PLANS, 11 LAND USE PLANS, ENVIRONMENTAL MANAGEMENT PLANS AND RESEARCH OR 12 EDUCATION DOCUMENTS, USEFUL IN ASSISTING MUNICIPALITIES, 13 COMMONWEALTH AGENCIES, CONSERVATION DISTRICTS, WATERSHED 14 ORGANIZATIONS AND AUTHORIZED ORGANIZATIONS TO ADDRESS 15 ENVIRONMENTAL IMPROVEMENT, NATURAL RESOURCE MANAGEMENT, PARK AND 16 RECREATION DEVELOPMENT AND LAND CONSERVATION. 17 "RECREATIONAL TRAIL." A THOROUGHFARE OR TRACK ACROSS WATER, 18 LAND OR SNOW USED FOR MOTORIZED AND/OR NONMOTORIZED RECREATIONAL 19 PURPOSES. 20 "REHABILITATION AND REPAIR." RESTORATION OR RENOVATION OF 21 FACILITIES OR CONDITIONS OF EXISTING PUBLIC CONSERVATION AND 22 RECREATION RESOURCES. THE TERM EXCLUDES ROUTINE MAINTENANCE. 23 "TECHNICAL ASSISTANCE." PROVISION OF FINANCIAL GRANTS AND 24 PROFESSIONAL SERVICES. THE TERM INCLUDES PUBLICATIONS, RESEARCH, 25 VIDEO TAPES, WORKSHOPS, MEETINGS, PHONE CONSULTATION AND WRITTEN 26 AND ELECTRONIC COMMUNICATION. 27 "WATERSHED ORGANIZATION." AN ENTITY RECOGNIZED BY EITHER OR 28 BOTH THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES AND 29 THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND ESTABLISHED TO 30 PROMOTE LOCAL WATERSHED CONSERVATION EFFORTS IN AN IDENTIFIED 19990H0868B2773 - 21 -
1 WATERSHED. 2 § 6104. FUND. 3 (A) ESTABLISHMENT.--THERE IS ESTABLISHED A SPECIAL FUND IN 4 THE STATE TREASURY, TO BE KNOWN AS THE ENVIRONMENTAL STEWARDSHIP 5 FUND. 6 (B) SOURCES.-- 7 (1) MONEY APPROPRIATED BY THE GENERAL ASSEMBLY, INTEREST 8 EARNED BY THE FUND, PENALTIES, MONEY RECEIVED FROM THE 9 FEDERAL GOVERNMENT OR OTHER SOURCES AND MONEY RECEIVED FROM 10 THE FEE ESTABLISHED UNDER SECTION 6112(B) (RELATING TO 11 EXTENSION OF FEES) SHALL BE DEPOSITED IN THE FUND. MONEYS 12 APPROPRIATED BY THE GENERAL ASSEMBLY TO THE FUND SHALL BE 13 TRANSFERRED ON A QUARTERLY BASIS IN INCREMENTS OF AT LEAST 14 20%. 15 (2) FOR FISCAL YEARS 1999-2000 THROUGH 2003-2004, THE 16 FUND MAY RECEIVE MONEY, UPON APPROVAL OF THE GOVERNOR, FROM 17 THE RECYCLING FUND AND THE HAZARDOUS SITES CLEANUP FUND. THE 18 COMBINED TOTAL OF APPROPRIATIONS FROM THESE TWO FUNDS FOR THE 19 PROGRAM SHALL NOT EXCEED $30,000,000 ANNUALLY. 20 (3) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT 21 $100,000,000 PER FISCAL YEAR BE APPROPRIATED FROM THE GENERAL 22 FUND FOR FISCAL YEARS 2000-2001 THROUGH 2003-2004 TO THE 23 FUND. THE GOVERNOR'S ANNUAL BUDGET SUBMISSION FOR FISCAL 24 YEARS 2000-2001 THROUGH 2003-2004 SHALL INCLUDE THE SUM OF 25 $100,000,000 PER FISCAL YEAR FOR ALLOCATION IN ACCORDANCE 26 WITH THIS SECTION. 27 (C) APPROPRIATION.--THE MONEY IN THE FUND IS HEREBY 28 APPROPRIATED, UPON APPROVAL OF THE GOVERNOR, TO THE DEPARTMENTS 29 AND THE AUTHORITY FOR THE PURPOSE OF IMPLEMENTING THE PROVISIONS 30 OF THIS CHAPTER. 19990H0868B2773 - 22 -
1 (D) ALLOCATION.--IT IS THE INTENT OF THE GENERAL ASSEMBLY 2 THAT THE MONEY APPROPRIATED IN SUBSECTION (C) BE ALLOCATED 3 ANNUALLY AS FOLLOWS: 4 (1) FOR FISCAL YEAR 1999-2000, 28.4% TO THE DEPARTMENT 5 OF CONSERVATION AND NATURAL RESOURCES; 43.7% TO THE 6 DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND 27.9% TO THE 7 AUTHORITY. 8 (2) FOR FISCAL YEARS 2000-2001 THROUGH 2003-2004, 24.1% 9 TO THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES; 10 37.4% TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION; 14.8% TO 11 THE DEPARTMENT OF AGRICULTURE; AND 23.7% TO THE AUTHORITY. 12 (3) FOR FISCAL YEAR 2004-2005 AND EACH YEAR THEREAFTER, 13 MONEYS IN THE FUND SHALL BE ALLOCATED IN ACCORDANCE WITH 14 PARAGRAPH (1). 15 (E) LEGISLATIVE OVERSIGHT.-- 16 (1) AN ANNUAL EXPENDITURE PLAN FOR THE FUND SHALL BE 17 SUBMITTED BY THE GOVERNOR TO THE GENERAL ASSEMBLY AS PART OF 18 THE GOVERNOR'S ANNUAL BUDGET SUBMISSION. THE EXPENDITURE PLAN 19 SHALL BE OPEN FOR REVIEW AND COMMENT BY THE MEMBERS OF THE 20 GENERAL ASSEMBLY AND SHALL INCLUDE A DETAILED LISTING OF THE 21 TYPES OF PROGRAMS FOR THE ACTUAL YEAR, CURRENT YEAR AND 22 PROPOSED BUDGET YEAR. 23 (2) THE SECRETARY OF THE BUDGET SHALL PROVIDE QUARTERLY 24 FINANCIAL STATEMENTS SHOWING THE STATUS OF THE RECYCLING 25 FUND, THE HAZARDOUS SITES CLEANUP FUND AND THE ENVIRONMENTAL 26 STEWARDSHIP FUND TO THE CHAIRMAN AND MINORITY CHAIRMAN OF THE 27 APPROPRIATIONS COMMITTEE OF THE SENATE AND THE CHAIRMAN AND 28 MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE 29 HOUSE OF REPRESENTATIVES. SUCH STATEMENTS SHALL BE PROVIDED 30 WITHIN 30 DAYS OF THE CLOSE OF EACH QUARTER OF THE FISCAL 19990H0868B2773 - 23 -
1 YEAR AND SHALL COMMENCE WITH THE QUARTER ENDING MARCH 31, 2 2000. 3 § 6105. AGENCIES. 4 (A) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES.-- 5 (1) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 6 SHALL UTILIZE MONEY IT RECEIVES FROM THE FUND FOR THE 7 FOLLOWING PURPOSES: 8 (I) TO REHABILITATE, REPAIR AND DEVELOP STATE PARK 9 AND STATE FOREST LANDS AND FACILITIES AND THE ACQUISITION 10 OF INTERIOR LANDS WITHIN STATE PARKS AND STATE FORESTS. 11 (II) TO PROVIDE GRANTS TO A COUNTY OR OTHER 12 MUNICIPALITY, CONSERVATION DISTRICTS AND AUTHORIZED 13 ORGANIZATIONS FOR THE PURPOSE OF PLANNING, EDUCATION, 14 ACQUISITION, DEVELOPMENT, REHABILITATION AND REPAIR OF 15 GREENWAYS, RECREATIONAL TRAILS, OPEN SPACE, NATURAL 16 AREAS, RIVER CORRIDORS, WATERSHEDS, COMMUNITY AND 17 HERITAGE PARKS AND RECREATION FACILITIES; COMMUNITY 18 CONSERVATION AND BEAUTIFICATION PROJECTS; FOREST 19 CONSERVATION; AND OTHER CONSERVATION PURPOSES. GRANTS 20 UNDER THIS PARAGRAPH MAY NOT BE USED BY AN AUTHORIZED 21 ORGANIZATION FOR LAND ACQUISITION, UNLESS THE AUTHORIZED 22 ORGANIZATION OBTAINS THE APPROVAL OF ALL COUNTIES IN 23 WHICH THE LAND IS SITUATED. GRANT MONEYS MAY ALSO BE USED 24 FOR THE ACQUISITION OF FARMLAND FOR THE PURPOSES SET 25 FORTH IN THIS PARAGRAPH. 26 (III) TO PROVIDE GRANTS TO A COUNTY OR OTHER 27 MUNICIPALITY AND AUTHORIZED ORGANIZATIONS FOR THE PURPOSE 28 OF RESEARCH, PLANNING, INVENTORIES AND TECHNICAL 29 ASSISTANCE, INTENDED TO PROTECT AND CONSERVE THE 30 BIOLOGICAL DIVERSITY OF THIS COMMONWEALTH. 19990H0868B2773 - 24 -
1 (2) THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 2 MAY REQUIRE MATCHING FUNDS AS A CONDITION OF THE AWARD OF A 3 GRANT UNDER THIS SUBSECTION. 4 (B) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION.-- 5 (1) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL 6 UTILIZE MONEY IT RECEIVES FROM THE FUND FOR THE FOLLOWING 7 PURPOSES: 8 (I) TO IMPLEMENT ACID MINE DRAINAGE ABATEMENT AND 9 CLEANUP EFFORTS AND PLUG ABANDONED AND ORPHAN OIL AND GAS 10 WELLS. 11 (II) TO PROVIDE FUNDING FOR TECHNICAL ASSISTANCE AND 12 FINANCIAL INCENTIVES TO FACILITATE REMINING. 13 (III) TO PROVIDE GRANTS TO A COUNTY OR OTHER 14 MUNICIPALITY, COUNTY CONSERVATION DISTRICTS, WATERSHED 15 ORGANIZATIONS AND OTHER AUTHORIZED ORGANIZATIONS FOR ACID 16 MINE DRAINAGE ABATEMENT, MINE CLEANUP EFFORTS AND WELL 17 PLUGGING. 18 (IV) TO PROVIDE GRANTS AND TECHNICAL ASSISTANCE TO A 19 COUNTY OR OTHER MUNICIPALITY, COUNTY CONSERVATION 20 DISTRICTS, WATERSHED ORGANIZATIONS AND OTHER AUTHORIZED 21 ORGANIZATIONS TO PLAN AND IMPLEMENT LOCAL WATERSHED-BASED 22 CONSERVATION EFFORTS. 23 (V) TO IMPROVE WATER-QUALITY-IMPAIRED WATERSHEDS, 24 INCLUDING THOSE POLLUTED BY PAST MINING ACTIVITIES, 25 AGRICULTURAL AND URBAN RUNOFF, ATMOSPHERIC DEPOSITION, 26 ON-LOT SEWAGE SYSTEMS, AND EARTH MOVING ACTIVITIES. 27 (VI) TO PROVIDE GRANTS FOR SAFE DRINKING WATER 28 PROJECTS AND WASTEWATER TREATMENT PROJECTS AS PROVIDED 29 FOR IN SECTION 6110 (RELATING TO ENVIRONMENTAL 30 INFRASTRUCTURE GRANTS TO WATER AND WASTEWATER TREATMENT 19990H0868B2773 - 25 -
1 FACILITIES). 2 (2) COUNTY CONSERVATION DISTRICTS MAY FURTHER DISTRIBUTE 3 GRANTS RECEIVED UNDER THIS SECTION TO WATERSHED ORGANIZATIONS 4 AND OTHER AUTHORIZED ORGANIZATIONS TO ASSIST IN THE 5 IMPLEMENTATION OF THIS CHAPTER. 6 (3) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY 7 REQUIRE MATCHING FUNDS AS A CONDITION OF THE AWARD OF A GRANT 8 UNDER THIS SUBSECTION. 9 (4) FOR THE PERIOD COMMENCING WITH THE EFFECTIVE DATE OF 10 THIS CHAPTER AND ENDING JUNE 30, 2004, THE DEPARTMENT OF 11 ENVIRONMENTAL PROTECTION MAY UTILIZE UP TO 10% OF THE MONEY 12 ALLOCATED ANNUALLY TO IT UNDER SECTION 6104(D) (RELATING TO 13 FUNDS) TO PROVIDE GRANTS FOR SAFE DRINKING WATER PROJECTS AND 14 WASTEWATER TREATMENT PROJECTS. GRANTS UNDER THIS PARAGRAPH 15 SHALL BE MADE FOR THE SAME PURPOSES AND SHALL BE SUBJECT TO 16 THE SAME LIMITATIONS AS GRANTS AUTHORIZED IN SECTION 6110. 17 (C) DEPARTMENT OF AGRICULTURE.--FUNDS ALLOCATED TO THE 18 DEPARTMENT OF AGRICULTURE UNDER THIS CHAPTER SHALL BE DEPOSITED 19 IN THE AGRICULTURAL CONSERVATION EASEMENT PURCHASE FUND AND ARE 20 SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 30, 1981 (P.L.128, 21 NO.43), KNOWN AS THE AGRICULTURAL AREA SECURITY LAW. 22 (D) THE AUTHORITY.--THE AUTHORITY SHALL UTILIZE MONEY IT 23 RECEIVES FROM THE FUND TO PROVIDE FINANCIAL ASSISTANCE IN THE 24 FORM OF GRANTS AND MATCHING GRANTS FOR STORM WATER, WATER AND 25 SEWER INFRASTRUCTURE PROJECTS, INCLUDING CONSTRUCTION OR 26 REHABILITATION OF COLLECTION AND CONVEYANCE SYSTEMS. THE 27 AUTHORITY SHALL DEVELOP CRITERIA TO BE USED TO AWARD GRANTS 28 UNDER THIS SUBSECTION. THE CRITERIA, AND PROPOSED CHANGES 29 THERETO, SHALL BE SUBMITTED TO THE ENVIRONMENTAL RESOURCES AND 30 ENERGY COMMITTEE OF THE SENATE AND THE ENVIRONMENTAL RESOURCES 19990H0868B2773 - 26 -
1 AND ENERGY COMMITTEE OF THE HOUSE OF REPRESENTATIVES FOR REVIEW 2 AND COMMENT. THE COMMITTEES SHALL HAVE 60 DAYS TO SUBMIT 3 COMMENTS TO THE AUTHORITY. CRITERIA SHALL BE REVIEWED BY THE 4 AUTHORITY AND THE COMMITTEES AT LEAST ONCE EVERY THREE YEARS. 5 (E) ADMINISTRATIVE EXPENSE LIMITATION.--THE DEPARTMENTS, 6 AUTHORITY AND GRANT RECIPIENTS THAT RECEIVE MONEYS FROM THE FUND 7 FOR THE PURPOSES SET FORTH IN THIS SECTION MAY NOT EXPEND MORE 8 THAN 2% OF THE MONEYS ON ADMINISTRATIVE EXPENSES. 9 (F) EXPENDITURE LIMITATION.--NO MONEYS MADE AVAILABLE 10 THROUGH THE FUND SHALL BE USED FOR ANY PURPOSE WHICH, DIRECTLY 11 OR INDIRECTLY, PRECLUDES ACCESS TO OR USE OF ANY FORESTED LAND 12 FOR THE PRACTICE OF SUSTAINABLE FORESTRY AND COMMERCIAL 13 PRODUCTION OF TIMBER OR OTHER FOREST PRODUCTS. THIS SUBSECTION 14 SHALL NOT APPLY TO FUNDS USED BY THE DEPARTMENT OF CONSERVATION 15 AND NATURAL RESOURCES, COUNTIES OR MUNICIPALITIES, FOR THE 16 PURCHASE OR IMPROVEMENT OF PARK LAND TO BE USED FOR PUBLIC 17 RECREATION. 18 (G) REGULATIONS.--THE DEPARTMENTS AND THE AUTHORITY MAY 19 PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THE PURPOSES OF 20 THIS CHAPTER. 21 § 6106. PROPERTY AND EQUIPMENT RESTRICTIONS. 22 (A) PROHIBITION.--RECIPIENTS OF GRANTS UNDER THIS CHAPTER 23 MAY NOT DISPOSE OF OR CONVERT PROPERTY OR EQUIPMENT ACQUIRED 24 WITH A GRANT FOR PURPOSES OTHER THAN THE PURPOSES APPROVED IN 25 THE PROJECT APPLICATION WITHOUT THE PRIOR WRITTEN APPROVAL OF 26 THE AGENCY AWARDING THE GRANT. 27 (B) REMEDY.--IF A VIOLATION OF SUBSECTION (A) OCCURS, THE 28 AGENCY MAY: 29 (1) REQUIRE THE RECIPIENT TO REFUND ALL GRANTS RELATED 30 TO THE PROJECT, INCLUDING 10% ANNUAL INTEREST, COMPOUNDED 19990H0868B2773 - 27 -
1 FOUR TIMES ANNUALLY, FROM THE DATE THE ORIGINAL GRANT WAS 2 RECEIVED UNTIL THE GRANT IS REPAID. 3 (2) REQUIRE ACQUISITION BY THE RECIPIENT OF EQUIVALENT 4 REPLACEMENT PROPERTY, AS DETERMINED BY THE AGENCY. 5 (3) TAKE POSSESSION OF THE PROPERTY OR EQUIPMENT FUNDED 6 BY THE AGENCY. 7 § 6107. FEDERAL PROGRAMS. 8 AGENCIES MAY UTILIZE AVAILABLE FEDERAL FUNDS TO AUGMENT FUNDS 9 AVAILABLE UNDER THIS CHAPTER. 10 § 6108. WILD RESOURCE CONSERVATION FUND; DUTIES OF DEPARTMENT 11 OF CONSERVATION AND NATURAL RESOURCES. 12 (A) APPROPRIATION.--THE MONEYS CONTAINED IN THE WILD 13 RESOURCE CONSERVATION FUND ARE HEREBY APPROPRIATED, UPON 14 APPROVAL OF THE GOVERNOR, TO THE DEPARTMENT OF CONSERVATION AND 15 NATURAL RESOURCES FOR THE PURPOSES OF CARRYING OUT SUBSECTION 16 (B), SECTION 6105(A) (RELATING TO AGENCIES), AND THE ACT OF JUNE 17 23, 1982 (P.L.597, NO.170), KNOWN AS THE WILD RESOURCE 18 CONSERVATION ACT. 19 (B) PROJECTS AND PROGRAMS.-- 20 (1) THE WILD RESOURCE CONSERVATION BOARD MAY APPROVE 21 PROJECTS OR PROGRAMS FOR FUNDING AS NECESSARY TO PRESERVE AND 22 ENHANCE WILD RESOURCES. GRANTS FOR APPROVED PROJECTS SHALL BE 23 MADE BY THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 24 FROM THE WILD RESOURCE CONSERVATION FUND. THE DEPARTMENT 25 SHALL NOT ALLOCATE MONEY FROM THE WILD RESOURCE CONSERVATION 26 FUND UNDER THIS PARAGRAPH IF THE ALLOCATION WOULD EXCEED THE 27 MONEY AVAILABLE IN THE WILD RESOURCE CONSERVATION FUND. THE 28 WILD RESOURCE CONSERVATION BOARD SHALL CONSIDER THE 29 RECOMMENDATIONS OF INTERESTED PERSONS AND REPRESENTATIVES OF 30 AGENCIES SERVING ON THE BOARD WHEN APPROVING PROJECTS UNDER 19990H0868B2773 - 28 -
1 THIS PARAGRAPH. 2 (2) IN ADDITION TO THE GRANTS UNDER PARAGRAPH (1), THE 3 WILD RESOURCE CONSERVATION BOARD MAY RECOMMEND PROJECTS OR 4 PROGRAMS THAT PROMOTE THE PRESERVATION AND ENHANCEMENT OF 5 WILD RESOURCES TO THE DEPARTMENT OF CONSERVATION AND NATURAL 6 RESOURCES FOR FUNDING FROM THE ENVIRONMENTAL STEWARDSHIP FUND 7 UNDER SECTION 6105(A). 8 (C) SALE OF MERCHANDISE AND VOLUNTARY CONTRIBUTIONS.--THE 9 WILD RESOURCE CONSERVATION BOARD, WITH THE APPROVAL OF THE 10 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, SHALL HAVE THE 11 RIGHT TO ISSUE FOR SALE TO THE PUBLIC STAMPS, DECALS OR OTHER 12 ITEMS OF PERSONAL PROPERTY INTENDED TO SIGNIFY THE INTEREST OF 13 THE PURCHASER IN CONTRIBUTING TO PROGRAMS ESTABLISHED BY THE 14 BOARD UNDER THIS SECTION. ANY CONTRIBUTIONS RECEIVED AND THE NET 15 PROCEEDS FROM THE SALE OF MERCHANDISE SHALL BE DEPOSITED IN THE 16 WILD RESOURCE CONSERVATION FUND. 17 (D) ADVISORY COMMITTEE.--THE WILD RESOURCE CONSERVATION 18 BOARD MAY ESTABLISH AN ADVISORY COMMITTEE TO ADVISE THE BOARD 19 AND THE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES 20 REGARDING THE WILD RESOURCE MANAGEMENT OBJECTIVES OF THE BOARD 21 AND THE APPROVAL OF PROJECTS TO PROMOTE THE PRESERVATION AND 22 ENHANCEMENT OF WILD RESOURCES. MEMBERS OF THE COMMITTEE SHALL BE 23 CHOSEN FROM THE GENERAL PUBLIC AND SHALL SERVE AT THE PLEASURE 24 OF THE BOARD. 25 (E) ACTIVITIES OF OTHER AGENCIES.--THE AUTHORITY GRANTED 26 PURSUANT TO SUBSECTION (C) SHALL NOT AFFECT OR INTERFERE WITH 27 SIMILAR AUTHORITY VESTED BY LAW IN ANY AGENCY REPRESENTED ON THE 28 BOARD TO SELL ITEMS OF PERSONAL PROPERTY WHICH PROMOTE THE 29 INDEPENDENT PROGRAMS OF THOSE RESPECTIVE AGENCIES. SAID AGENCIES 30 SHALL LIKEWISE HAVE THE RIGHT TO ISSUE FOR SALE ITEMS OF 19990H0868B2773 - 29 -
1 PERSONAL PROPERTY INTENDED TO SIGNIFY THE INTEREST OF THE 2 PURCHASER IN CONTRIBUTING TO PROGRAMS ESTABLISHED BY THE 3 DEPARTMENT, THE NET PROCEEDS OF WHICH SHALL BE DEPOSITED IN THE 4 WILD RESOURCE CONSERVATION FUND. 5 § 6109. SEWAGE CONSTRUCTION PAYMENTS TO MUNICIPALITIES. 6 (A) CERTAIN PAYMENTS PERMITTED.--A COUNTY OR OTHER 7 MUNICIPALITY, MUNICIPAL AUTHORITY OR SCHOOL DISTRICT, RECEIVING 8 PAYMENTS ON THE EFFECTIVE DATE OF THIS CHAPTER PURSUANT TO THE 9 ACT OF AUGUST 20, 1953 (P.L.1217, NO.339), ENTITLED "AN ACT 10 PROVIDING FOR PAYMENTS BY THE COMMONWEALTH TO MUNICIPALITIES 11 WHICH HAVE EXPENDED MONEY TO ACQUIRE AND CONSTRUCT SEWAGE 12 TREATMENT PLANTS IN ACCORDANCE WITH THE CLEAN STREAMS PROGRAM 13 AND THE ACT, APPROVED THE TWENTY-SECOND DAY OF JUNE, ONE 14 THOUSAND NINE HUNDRED THIRTY-SEVEN (PAMPHLET LAWS 1987), AND 15 MAKING AN APPROPRIATION," SHALL CONTINUE TO RECEIVE ALL 16 OUTSTANDING PAYMENTS BEING FUNDED UNDER THAT ACT FOR THE 17 ACQUISITION OR CONSTRUCTION OF SEWAGE TREATMENT PLANTS FROM THE 18 COMMONWEALTH FROM FUNDS APPROPRIATED FOR THIS PURPOSE PROVIDED 19 THAT THE SEWAGE TREATMENT PLANT OPERATIONS IMPLEMENT ODOR 20 ABATEMENT PROGRAMS AS NECESSARY. 21 (B) EQUIPMENT AND PLANTS.--PAYMENTS UNDER THIS SECTION FOR 22 EQUIPMENT AND PLANTS SHALL BE DISCONTINUED UPON THE REPLACEMENT, 23 ABANDONMENT OR REMOVAL FROM SERVICE OF THE EQUIPMENT AND PLANTS. 24 (C) CERTAIN PAYMENT PROHIBITED.--NO MUNICIPALITY, MUNICIPAL 25 AUTHORITY OR SCHOOL DISTRICT, WHICH IS NOT PRESENTLY RECEIVING 26 PAYMENTS UNDER THE ACT OF AUGUST 20, 1953 (P.L.1217, NO.339), 27 ENTITLED "AN ACT PROVIDING FOR PAYMENTS BY THE COMMONWEALTH TO 28 MUNICIPALITIES WHICH HAVE EXPENDED MONEY TO ACQUIRE AND 29 CONSTRUCT SEWAGE TREATMENT PLANTS IN ACCORDANCE WITH THE CLEAN 30 STREAMS PROGRAM AND THE ACT, APPROVED THE TWENTY-SECOND DAY OF 19990H0868B2773 - 30 -
1 JUNE, ONE THOUSAND NINE HUNDRED THIRTY-SEVEN (PAMPHLET LAWS 2 1987), AND MAKING AN APPROPRIATION," MAY APPLY FOR OR RECEIVE 3 PAYMENTS UNDER THAT ACT. NO NEW OR ADDITIONAL COSTS OF EQUIPMENT 4 OR ACQUISITION OF SEWAGE TREATMENT PLANTS FOR WHICH CONSTRUCTION 5 HAS NOT COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS CHAPTER 6 MAY BE INCLUDED IN A REQUEST FOR PAYMENT BY A MUNICIPALITY, 7 MUNICIPAL AUTHORITY OR SCHOOL DISTRICT. FOR PURPOSES OF THIS 8 SECTION, CONSTRUCTION SHALL BE DEEMED TO HAVE COMMENCED WHEN: 9 (1) THE APPLICANT HAS APPLIED FOR OR RECEIVED A PERMIT 10 UNDER THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS 11 THE CLEAN STREAMS LAW, FOR CONSTRUCTION OR MODIFICATION OF 12 THE SEWAGE TREATMENT PLANT; 13 (2) THE APPLICANT HAS APPLIED FOR OR RECEIVED 14 CONSTRUCTION FINANCING OR HAS DEDICATED CAPITAL FUNDS FOR AN 15 IDENTIFIED PROJECT, BEFORE JANUARY 1, 2000, AND THE 16 APPROPRIATE CONSTRUCTION PERMIT UNDER THE CLEAN STREAMS LAW 17 HAS BEEN APPLIED FOR OR RECEIVED BEFORE JANUARY 1, 2001; OR 18 (3) IF A CONSTRUCTION PERMIT UNDER THE CLEAN STREAMS LAW 19 IS NOT REQUIRED, A SIGNED CONTRACT OR PURCHASE ORDER FOR AN 20 ELIGIBLE ACQUISITION OR CONSTRUCTION EXPENSE HAS BEEN VALIDLY 21 EXECUTED. 22 § 6110. ENVIRONMENTAL INFRASTRUCTURE GRANTS TO WATER AND 23 WASTEWATER TREATMENT FACILITIES. 24 (A) SEPARATE ACCOUNT.-- 25 (1) SAVINGS REALIZED IN SECTION 6109 (RELATING TO SEWAGE 26 CONSTRUCTION PAYMENTS TO MUNICIPALITIES) SHALL BE PLACED IN 27 AN ACCOUNT WITHIN THE FUND, WHICH SHALL BE CUMULATIVE, 28 SEPARATE FROM THE ALLOCATIONS IN SECTION 6104(D) (RELATING TO 29 FUND), AND FOR EXPENDITURE BY THE DEPARTMENT OF ENVIRONMENTAL 30 PROTECTION FOR ENVIRONMENTAL INFRASTRUCTURE GRANTS TO A 19990H0868B2773 - 31 -
1 COUNTY OR OTHER MUNICIPALITY, MUNICIPAL AUTHORITIES AND 2 SCHOOL DISTRICTS, FOR WATER AND WASTEWATER TREATMENT 3 FACILITIES WHICH: 4 (I) INSTALL OR IMPLEMENT NEW OR INNOVATIVE 5 TECHNOLOGIES IN THEIR OPERATIONS; 6 (II) IMPLEMENT POLLUTION PREVENTION TECHNIQUES IN 7 THEIR OPERATIONS; 8 (III) UNDERTAKE TREATMENT PROCESS MODERNIZATION OR 9 OTHER IMPROVEMENTS, INCLUDING REHABILITATION OF 10 COLLECTION AND CONVEYANCE SYSTEMS; OR 11 (IV) IMPLEMENT ODOR ABATEMENT PROGRAMS IN THEIR 12 OPERATIONS. 13 (2) A GRANT FROM THE ACCOUNT SHALL NOT BE USED FOR THE 14 CONSTRUCTION OF A NEW FACILITY. AN APPLICANT FOR FUNDING MUST 15 DISCLOSE IN THE APPLICATION IF FUNDING HAS BEEN APPLIED FOR 16 FROM BOTH THE ACCOUNT AND THE AUTHORITY. AN APPLICANT THAT 17 RECEIVES FUNDING FROM THE ACCOUNT SHALL NOT RECEIVE FUNDING 18 FROM THE AUTHORITY UNDER THIS CHAPTER FOR THE SAME PORTION OF 19 THE PROJECT OR EQUIPMENT. AN APPLICANT THAT RECEIVES FUNDING 20 FROM THE AUTHORITY UNDER THIS CHAPTER SHALL NOT RECEIVE 21 FUNDING FROM THE ACCOUNT FOR THE SAME PORTION OF THE PROJECT 22 OR EQUIPMENT. 23 (B) LIMITATION.--FUNDING UNDER THIS SECTION SHALL BE LIMITED 24 TO IMPROVEMENTS TO THE PHYSICAL OPERATION OF THE TREATMENT 25 FACILITY AND SHALL NOT BE USED FOR ADMINISTRATIVE PURPOSES OR 26 FOR MACHINERY OR EQUIPMENT PERIPHERALLY RELATED TO THE 27 OPERATION. 28 (C) FUNDING AVAILABILITY.--FUNDING SHALL BE AVAILABLE TO ALL 29 COUNTIES OR OTHER MUNICIPALITIES, MUNICIPAL AUTHORITIES AND 30 SCHOOL DISTRICTS ON THE BASIS OF COST OF THE ENVIRONMENTAL OR 19990H0868B2773 - 32 -
1 PUBLIC HEALTH IMPROVEMENT AND NOT BASED ON DEMOGRAPHICS, PER 2 CAPITA INCOME OR OTHER UNIT OF MEASURE NOT TIED TO THE COST OF 3 THE ENVIRONMENTAL IMPROVEMENT. 4 (D) CALCULATION OF FUND MONEYS.--THE ACCOUNT SHALL ANNUALLY 5 RECEIVE THE DIFFERENCE BETWEEN: 6 (1) THE AMOUNT PAID UNDER THE ACT OF AUGUST 20, 1953 7 (P.L.1217, NO.339), ENTITLED "AN ACT PROVIDING FOR PAYMENTS 8 BY THE COMMONWEALTH TO MUNICIPALITIES WHICH HAVE EXPENDED 9 MONEY TO ACQUIRE AND CONSTRUCT SEWAGE TREATMENT PLANTS IN 10 ACCORDANCE WITH THE CLEAN STREAMS PROGRAM AND THE ACT, 11 APPROVED THE TWENTY-SECOND DAY OF JUNE, ONE THOUSAND NINE 12 HUNDRED THIRTY-SEVEN (PAMPHLET LAWS 1987), AND MAKING AN 13 APPROPRIATION," IN 2001-2002; AND 14 (2) THE AMOUNT PAID UNDER SECTION 6109. 15 § 6111. PROTECTION OF RECYCLING FUND. 16 (A) MARKET DEVELOPMENT FUNDING.--THE DEPARTMENT OF 17 ENVIRONMENTAL PROTECTION, ON AN ANNUAL BASIS, SHALL PROVIDE 18 SUFFICIENT MONEYS FOR MARKET DEVELOPMENT FROM THE RECYCLING FUND 19 TO PROMOTE THE LONG-TERM SUSTAINABILITY OF RECYCLING AND TO 20 PROMOTE THE CONTINUED GROWTH OF THE RECYCLING RATE. FOR PURPOSES 21 OF THIS SUBSECTION, MARKET DEVELOPMENT SHALL MEAN A SET OF 22 GOVERNMENT POLICIES AND PROGRAMS THAT PROMOTE THE REMOVAL OF 23 MARKETPLACE BARRIERS TO RECYCLING AND THAT PROMOTE A PRODUCTIVE 24 END USE FOR RECYCLABLES COLLECTED FROM RESIDENTS AND BUSINESSES. 25 (B) REVIEW OF EXPENDITURES.--PRIOR TO SUBMITTING ITS ANNUAL 26 RECYCLING FUND SPENDING PLAN TO THE GENERAL ASSEMBLY, THE 27 DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL SUBMIT DETAILS OF 28 ITS PROPOSED EXPENDITURES UNDER THE ACT OF JULY 28, 1988 29 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING, 30 RECYCLING AND WASTE REDUCTION ACT, INCLUDING ADDITIONAL 19990H0868B2773 - 33 -
1 EXPENDITURES FOR MARKET DEVELOPMENT, FOR REVIEW AND COMMENT TO 2 THE RECYCLING FUND ADVISORY COMMITTEE. AT THE SAME TIME, THE 3 DEPARTMENT SHALL SUBMIT DETAILS OF ITS ACTUAL EXPENDITURES UNDER 4 THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT 5 FOR THE PRIOR FISCAL YEAR, INCLUDING ACTUAL EXPENDITURES FOR 6 MARKET DEVELOPMENT, FOR REVIEW AND COMMENT TO THE COMMITTEE. THE 7 DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL PROVIDE AGGREGATE 8 INFORMATION ON THE PROGRAM, INCLUDING THE TOTAL AMOUNT OF 9 FUNDING APPLIED FOR, THE TOTAL AMOUNT OF FUNDING PROVIDED, THE 10 PERCENTAGE OF APPLICATIONS APPROVED AND THE PERCENTAGE OF 11 APPLICATIONS FULLY FUNDED. THE INFORMATION ON ACTUAL 12 EXPENDITURES PROVIDED TO THE COMMITTEE SHALL INCLUDE A COMPLETE 13 LIST OF RECIPIENTS FUNDED BY THE DEPARTMENT OF ENVIRONMENTAL 14 PROTECTION PURSUANT TO SECTIONS 901 AND 902 OF THE MUNICIPAL 15 WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT IN THE PRIOR 16 FISCAL YEAR. THE LIST SHALL INCLUDE: 17 (1) THE NAME OF THE RECIPIENT. 18 (2) THE AMOUNT OF FUNDING REQUESTED. 19 (3) THE AMOUNT OF FUNDING PROVIDED BY THE DEPARTMENT OF 20 ENVIRONMENTAL PROTECTION. 21 (C) MINIMUM LEVEL OF FUNDING.--FOR A PERIOD OF FIVE YEARS 22 FROM THE EFFECTIVE DATE OF THIS CHAPTER, MONEYS EXPENDED FOR 23 PROGRAMS AUTHORIZED IN THE MUNICIPAL WASTE PLANNING, RECYCLING 24 AND WASTE REDUCTION ACT SHALL NOT FALL BELOW LEVELS EXPENDED IN 25 FISCAL YEAR 1999-2000. 26 (D) INFORMATION TO APPLICANT.--WHEN THE DEPARTMENT OF 27 ENVIRONMENTAL PROTECTION DENIES AN APPLICATION FOR A GRANT, OR 28 APPROVES AN APPLICATION FOR LESS THAN THE AMOUNT REQUESTED BY 29 THE APPLICANT, THE DEPARTMENT SHALL PROVIDE THE APPLICANT WITH A 30 WRITTEN STATEMENT INDICATING THE REASON FOR THE DENIAL OR 19990H0868B2773 - 34 -
1 REDUCTION IN FUNDING AMOUNT. 2 § 6112. EXTENSION OF FEES. 3 (A) RECYCLING FEE.--NO FEE SHALL BE IMPOSED UNDER SECTION 4 701 OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE 5 MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT, ON 6 OR AFTER OCTOBER 15, 2004. 7 (B) FEE ESTABLISHED.--EACH OPERATOR OF A MUNICIPAL WASTE 8 LANDFILL SHALL PAY, IN THE SAME MANNER PRESCRIBED IN SECTION 701 9 OF THE MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION 10 ACT, AN AMOUNT EQUAL TO 25¢ PER TON OF WEIGHTED WASTE OR 25¢ PER 11 THREE CUBIC YARDS OF VOLUME MEASURED WASTE FOR ALL SOLID WASTE 12 RECEIVED AT THE LANDFILL. THESE FEES SHALL BE PAID TO THE STATE 13 TREASURY AND DEPOSITED INTO THE FUND. 14 § 6113. EFFECT OF REPEAL OF SITE-SPECIFIC POSTCLOSURE FUND 15 PROVISIONS. 16 (A) GENERAL RULE.--PRIOR TO CERTIFICATION OF FINAL CLOSURE 17 AND RELEASE BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE 18 LANDFILL BOND UNDER THE ACT OF JULY 7, 1980 (P.L.380, NO.97), 19 KNOWN AS THE SOLID WASTE MANAGEMENT ACT, AND THE REGULATIONS 20 PROMULGATED THERETO, THE TRUSTEE MAY RELEASE MONEYS FROM THE 21 TRUST TO THE COUNTY WHICH ESTABLISHED THE TRUST UPON WRITTEN 22 REQUEST FROM THE COUNTY TO THE TRUSTEE IN ORDER FOR THE COUNTY 23 TO SPEND THE MONEY TO FUND COUNTY CONSERVATION DISTRICTS, 24 PROTECT FARMLAND OR TO ACCOMPLISH ANY OTHER PURPOSE AUTHORIZED 25 BY THIS CHAPTER. PAYMENT OF DEBT SERVICE BY A COUNTY ON 26 OBLIGATIONS ISSUED TO FUND SUCH PURPOSES SHALL BE DEEMED TO BE 27 PAID FOR A PERMITTED PURPOSE. EXPENDITURE FOR FARMLAND 28 PRESERVATION MUST COMPLY WITH THE ACT OF JUNE 30, 1981 (P.L.128, 29 NO.43), KNOWN AS THE AGRICULTURAL AREA SECURITY LAW. 30 (B) LIMITATIONS.--MONEYS IN A SITE-SPECIFIC POSTCLOSURE 19990H0868B2773 - 35 -
1 TRUST THAT HAVE NOT BEEN RELEASED TO THE COUNTY PRIOR TO 2 CERTIFICATION OF FINAL CLOSURE AND RELEASE OF THE LANDFILL BOND 3 MAY BE USED ONLY FOR REMEDIAL MEASURES AND EMERGENCY ACTIONS 4 THAT ARE NECESSARY TO PREVENT OR ABATE ADVERSE EFFECTS UPON THE 5 ENVIRONMENT AFTER CLOSURE OF THE LANDFILL. THE COUNTY MAY 6 WITHDRAW ACTUAL COSTS INCURRED IN ESTABLISHING AND ADMINISTERING 7 THE TRUST IN AN AMOUNT NOT TO EXCEED 0.5% OF THE MONEYS 8 DEPOSITED IN THE TRUST. THE TRUSTEE MAY RELEASE MONEYS FOR 9 REMEDIAL MEASURES AND EMERGENCY ACTIONS ONLY UPON WRITTEN 10 REQUEST OF THE OPERATOR OF A LANDFILL AND UPON PRIOR WRITTEN 11 APPROVAL BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION. SUCH 12 REQUEST SHALL INCLUDE THE PROPOSED AMOUNT AND PURPOSE OF THE 13 WITHDRAWAL AND A COPY OF THE DEPARTMENT OF ENVIRONMENTAL 14 PROTECTION'S WRITTEN APPROVAL OF THE EXPENDITURE. A COPY OF THE 15 REQUEST SHALL BE PROVIDED TO THE COUNTY AND THE HOST 16 MUNICIPALITY. A COPY OF ANY WITHDRAWAL DOCUMENT PREPARED BY THE 17 TRUSTEE SHALL BE PROVIDED TO THE DEPARTMENT OF ENVIRONMENTAL 18 PROTECTION, THE COUNTY AND THE HOST MUNICIPALITY. NO WITHDRAWAL 19 FROM THIS TRUST FOR REMEDIAL MEASURES AND EMERGENCY ACTIONS MAY 20 BE MADE UNTIL AFTER THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 21 HAS CERTIFIED CLOSURE OF THE LANDFILL. MONEYS REMAINING IN A 22 TRUST SUBSEQUENT TO CERTIFICATION OF FINAL CLOSURE OF THE 23 LANDFILL AND RELEASE OF THE LANDFILL'S BOND SHALL BE GIVEN TO 24 THE COUNTY THAT ESTABLISHED THE TRUST FOR USE IN A MANNER 25 CONSISTENT WITH THIS CHAPTER. 26 (C) APPLICABILITY.--THIS SECTION SHALL NOT APPLY TO ANY 27 COUNTY OF THE THIRD CLASS HAVING A POPULATION UNDER THE 1990 28 FEDERAL DECENNIAL CENSUS OF GREATER THAN 225,000 BUT LESS THAN 29 242,500. 30 PART VI 19990H0868B2773 - 36 -
1 SANCTIONS AND REMEDIES 2 SUBPART 3 C. IMMUNITY 4 SUBPART C 5 IMMUNITY 6 CHAPTER 7 81. GOOD SAMARITAN. 8 CHAPTER 81 9 GOOD SAMARITAN 10 SEC. 11 8101. SHORT TITLE OF CHAPTER. 12 8102. FINDINGS. 13 8103. PURPOSE. 14 8104. DEFINITIONS. 15 8105. ELIGIBILITY AND PROJECT INVENTORY. 16 8106. LANDOWNER LIABILITY LIMITATION AND EXCEPTIONS. 17 8107. PROJECT LIABILITY LIMITATION AND EXCEPTIONS. 18 8108. PERMITS AND ZONING. 19 8109. RELATIONSHIP TO FEDERAL AND STATE PROGRAMS. 20 8110. GENERAL PERMITS. 21 8111. EXCEPTIONS. 22 8112. WATER SUPPLY REPLACEMENT. 23 8113. ORPHAN OIL AND GAS WELLS. 24 8114. REGULATIONS. 25 § 8101. SHORT TITLE OF CHAPTER. 26 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE 27 ENVIRONMENTAL GOOD SAMARITAN ACT. 28 § 8102. FINDINGS. 29 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS: 30 (1) THIS COMMONWEALTH'S LONG HISTORY OF MINING AND THE 19990H0868B2773 - 37 -
1 EXTRACTION OF OIL AND GAS HAS LEFT SOME LANDS AND WATERS 2 UNRECLAIMED AND POLLUTED. 3 (2) THESE ABANDONED LANDS AND POLLUTED WATERS ARE 4 UNPRODUCTIVE, ERODE THE TAX BASE AND ARE SERIOUS IMPEDIMENTS 5 TO THE ECONOMIC WELFARE AND GROWTH OF THIS COMMONWEALTH. 6 (3) THE UNRECLAIMED LANDS AND POLLUTED WATERS PRESENT A 7 DANGER TO THE HEALTH, SAFETY AND WELFARE OF THE PEOPLE AND 8 THE ENVIRONMENT. 9 (4) THIS COMMONWEALTH DOES NOT POSSESS SUFFICIENT 10 RESOURCES TO RECLAIM ALL THE ABANDONED LANDS AND TO ABATE THE 11 WATER POLLUTION. 12 (5) NUMEROUS LANDOWNERS, CITIZENS, WATERSHED 13 ASSOCIATIONS, ENVIRONMENTAL ORGANIZATIONS AND GOVERNMENTAL 14 ENTITIES WHO DO NOT HAVE A LEGAL RESPONSIBILITY TO RECLAIM 15 THE ABANDONED LANDS OR TO ABATE THE WATER POLLUTION ARE 16 INTERESTED IN ADDRESSING THESE PROBLEMS BUT ARE RELUCTANT TO 17 ENGAGE IN SUCH RECLAMATION AND ABATEMENT ACTIVITIES BECAUSE 18 OF POTENTIAL LIABILITIES ASSOCIATED WITH THE RECLAMATION AND 19 ABATEMENT ACTIVITIES. 20 (6) IT IS IN THE BEST INTEREST OF THE HEALTH, SAFETY AND 21 WELFARE OF THE PEOPLE OF THIS COMMONWEALTH AND THE 22 ENVIRONMENT TO ENCOURAGE RECLAMATION OF THE ABANDONED LANDS 23 AND ABATEMENT OF WATER POLLUTION. 24 § 8103. PURPOSE. 25 THIS CHAPTER IS INTENDED TO ENCOURAGE THE IMPROVEMENT OF LAND 26 AND WATER ADVERSELY AFFECTED BY MINING AND OIL AND GAS 27 EXTRACTION, TO AID IN THE PROTECTION OF WILDLIFE, TO DECREASE 28 SOIL EROSION, TO AID IN THE PREVENTION AND ABATEMENT OF THE 29 POLLUTION OF RIVERS AND STREAMS, TO PROTECT AND IMPROVE THE 30 ENVIRONMENTAL VALUES OF THIS COMMONWEALTH AND TO ELIMINATE OR 19990H0868B2773 - 38 -
1 ABATE HAZARDS TO HEALTH AND SAFETY. IT IS THE INTENT OF THE 2 GENERAL ASSEMBLY TO ENCOURAGE VOLUNTARY RECLAMATION OF LANDS 3 ADVERSELY AFFECTED BY MINING OR OIL OR GAS EXTRACTION. THE 4 PURPOSE OF THIS CHAPTER IS TO IMPROVE WATER QUALITY AND TO 5 CONTROL AND ELIMINATE WATER POLLUTION RESULTING FROM MINING OR 6 OIL OR GAS EXTRACTION OR EXPLORATION BY LIMITING THE LIABILITY 7 WHICH COULD ARISE AS A RESULT OF THE VOLUNTARY RECLAMATION OF 8 ABANDONED LANDS OR THE REDUCTION AND ABATEMENT OF WATER 9 POLLUTION. THIS CHAPTER IS NOT INTENDED TO LIMIT THE LIABILITY 10 OF A PERSON WHO UNDER EXISTING LAW IS OR MAY BECOME RESPONSIBLE 11 TO RECLAIM THE LAND OR ADDRESS THE WATER POLLUTION OR ANYONE WHO 12 BY CONTRACT, ORDER OR OTHERWISE IS REQUIRED TO OR AGREES TO 13 PERFORM THE RECLAMATION OR ABATE THE WATER POLLUTION. 14 § 8104. DEFINITIONS. 15 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 16 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 17 CONTEXT CLEARLY INDICATES OTHERWISE: 18 "ABANDONED LANDS." LAND ADVERSELY AFFECTED BY MINERAL OR OIL 19 OR GAS EXTRACTION AND LEFT OR ABANDONED IN AN UNRECLAIMED OR 20 INADEQUATELY RECLAIMED CONDITION. 21 "CONSIDERATION." SOMETHING OF VALUE PROMISED, GIVEN OR 22 PERFORMED IN EXCHANGE FOR SOMETHING WHICH HAS THE EFFECT OF 23 MAKING A LEGALLY ENFORCEABLE CONTRACT. FOR THE PURPOSE OF THIS 24 CHAPTER, THE TERM DOES NOT INCLUDE A PROMISE TO A LANDOWNER TO 25 REPAIR DAMAGE CAUSED BY A RECLAMATION PROJECT OR WATER POLLUTION 26 ABATEMENT PROJECT WHEN THE PROMISE IS MADE IN EXCHANGE FOR 27 ACCESS TO THE LAND. 28 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF 29 THE COMMONWEALTH. 30 "ELIGIBLE LAND AND WATER." LAND AND WATER ADVERSELY AFFECTED 19990H0868B2773 - 39 -
1 BY MINING OR OIL OR GAS EXTRACTION AND LEFT OR ABANDONED IN AN 2 UNRECLAIMED OR INADEQUATELY RECLAIMED CONDITION OR LEFT 3 DISCHARGING WATER POLLUTION AND FOR WHICH NO PERSON HAS A 4 CONTINUING RECLAMATION OR WATER POLLUTION ABATEMENT OBLIGATION. 5 THE TERM SHALL ALSO INCLUDE LAND AND WATER ADVERSELY AFFECTED BY 6 MINING OR OIL OR GAS EXTRACTION AND LEFT IN AN UNRECLAIMED OR 7 INADEQUATELY RECLAIMED CONDITION OR LEFT DISCHARGING WATER 8 POLLUTION FOR WHICH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION 9 HAS FORFEITED AND COLLECTED THE OPERATORS BONDS AND THERE IS NO 10 OUTSTANDING LITIGATION CONCERNING THE BOND FORFEITURE. 11 "LANDOWNER." A PERSON WHO HOLDS EITHER LEGAL OR EQUITABLE 12 INTEREST IN REAL PROPERTY. 13 "MINERAL." ANY AGGREGATE OR MASS OF MINERAL MATTER, WHETHER 14 OR NOT COHERENT, WHICH IS EXTRACTED BY MINING, INCLUDING, BUT 15 NOT LIMITED TO, LIMESTONE, DOLOMITE, SAND, GRAVEL, SLATE, 16 ARGILLITE, DIABASE, GNEISS, MICACEOUS SANDSTONE KNOWN AS 17 BLUESTONE, ROCK, STONE, EARTH, FILL, SLAG, IRON ORE, ZINC ORE, 18 VERMICULITE, CLAY AND ANTHRACITE AND BITUMINOUS COAL. 19 "PERMITTED MINING ACTIVITY SITE." A SITE PERMITTED BY THE 20 DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO ONE OR MORE 21 OF THE FOLLOWING ACTS: 22 (1) THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN 23 AS THE CLEAN STREAMS LAW; 24 (2) THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS 25 THE SURFACE MINING CONSERVATION AND RECLAMATION ACT; 26 (3) THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31, 27 NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND 28 CONSERVATION ACT; 29 (4) THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318), 30 KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT; OR 19990H0868B2773 - 40 -
1 (5) THE ACT OF DECEMBER 19, 1984 (P.L.1093, NO.219), 2 KNOWN AS THE NONCOAL SURFACE MINING CONSERVATION AND 3 RECLAMATION ACT. 4 "PERSON." A NATURAL PERSON, PARTNERSHIP, ASSOCIATION, 5 ASSOCIATION MEMBERS, CORPORATION, POLITICAL SUBDIVISION OF THE 6 COMMONWEALTH, AN AGENCY, INSTRUMENTALITY OR ENTITY OF FEDERAL OR 7 STATE GOVERNMENT OR OTHER LEGAL ENTITY RECOGNIZED BY LAW AS THE 8 SUBJECT OF RIGHTS AND LIABILITIES. 9 "PROJECT WORK AREA." THAT LAND NECESSARY FOR A PERSON TO 10 COMPLETE A RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 11 PROJECT. 12 "RECLAMATION PROJECT." THE RESTORATION OF ELIGIBLE LANDS AND 13 WATER TO PRODUCTIVE USE BY REGRADING AND REVEGETATING THE LAND 14 TO STABLE CONTOURS THAT BLEND IN AND COMPLEMENT THE DRAINAGE 15 PATTERN OF THE SURROUNDING TERRAIN WITH NO HIGHWALLS, SPOIL 16 PILES OR DEPRESSIONS TO ACCUMULATE WATER AND BY PLUGGING 17 ABANDONED OIL OR GAS WELLS AND REMOVING PRODUCTION OR STORAGE 18 FACILITIES, SUPPLIES AND EQUIPMENT FROM AREAS DISTURBED IN 19 SITING, DRILLING, COMPLETING AND PRODUCING SUCH WELLS. 20 "WATER POLLUTION." POLLUTION OF THE WATERS OF THIS 21 COMMONWEALTH AS DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 22 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, WHICH WAS 23 CAUSED BY MINING ACTIVITIES OR OIL OR GAS EXTRACTION OR 24 EXPLORATION FOR THESE RESOURCES. 25 "WATER POLLUTION ABATEMENT FACILITIES." THE METHODS FOR 26 TREATMENT OR ABATEMENT OF WATER POLLUTION LOCATED ON ELIGIBLE 27 LANDS AND WATER. THESE METHODS INCLUDE, BUT ARE NOT LIMITED TO, 28 A STRUCTURE, SYSTEM, PRACTICE, TECHNIQUE OR METHOD CONSTRUCTED, 29 INSTALLED OR FOLLOWED TO REDUCE, TREAT OR ABATE SUCH WATER 30 POLLUTION. 19990H0868B2773 - 41 -
1 "WATER POLLUTION ABATEMENT PROJECT." A PLAN FOR TREATMENT OR 2 ABATEMENT OF WATER POLLUTION LOCATED ON ELIGIBLE LANDS AND 3 WATER. THESE PLANS INCLUDE, BUT ARE NOT LIMITED TO, THE 4 PRACTICES TO BE FOLLOWED AND THE INSTALLATION, OPERATION AND 5 MAINTENANCE OF FACILITIES TO REDUCE, TREAT OR ABATE SUCH WATER 6 POLLUTION. 7 § 8105. ELIGIBILITY AND PROJECT INVENTORY. 8 (A) GENERAL RULE.--A LANDOWNER OR PERSON WHO VOLUNTARILY 9 PROVIDES EQUIPMENT, MATERIALS OR SERVICES AT NO CHARGE OR AT 10 COST FOR A RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 11 PROJECT IN ACCORDANCE WITH THIS CHAPTER MAY BE IMMUNE FROM CIVIL 12 LIABILITY, AND MAY RAISE THE PROTECTIONS AFFORDED BY THIS 13 CHAPTER IN ANY SUBSEQUENT LEGAL PROCEEDING WHICH IS BROUGHT TO 14 ENFORCE ENVIRONMENTAL LAWS OR OTHERWISE IMPOSE LIABILITY. A 15 LANDOWNER OR OTHER PERSON IS ONLY ELIGIBLE FOR THE PROTECTIONS 16 AND IMMUNITIES PROVIDED BY SECTIONS 8106 (RELATING TO LANDOWNER 17 LIABILITY LIMITATION AND EXCEPTIONS) AND 8107 (RELATING TO 18 PROJECT LIABILITY LIMITATION AND EXCEPTIONS) IF A DETAILED 19 WRITTEN PLAN OF THE PROPOSED RECLAMATION PROJECT OR WATER 20 POLLUTION ABATEMENT PROJECT IS SUBMITTED TO AND APPROVED BY THE 21 DEPARTMENT. THE PROJECT PLAN SHALL INCLUDE THE OBJECTIVE OF THE 22 PROJECT AND A DESCRIPTION OF THE WORK THAT WILL BE PERFORMED TO 23 ACCOMPLISH THE OBJECTIVE AND MUST IDENTIFY THE PROJECT LOCATION, 24 PROJECT BOUNDARIES, THE PROJECT PARTICIPANTS AND THE OWNERS OF 25 THE LAND. 26 (B) NOTICE.--UPON RECEIPT OF EACH PROJECT PLAN THE 27 DEPARTMENT SHALL EITHER GIVE WRITTEN NOTICE BY CERTIFIED MAIL TO 28 ADJACENT PROPERTY OWNERS AND RIPARIAN LAND OWNERS LOCATED 29 DOWNSTREAM OF THE PROPOSED PROJECT OR WILL PROVIDE PUBLIC NOTICE 30 OF THE PROPOSED PROJECT IN A NEWSPAPER OF GENERAL CIRCULATION, 19990H0868B2773 - 42 -
1 PUBLISHED IN THE LOCALITY OF THE PROPOSED PROJECT, ONCE A WEEK 2 FOR FOUR CONSECUTIVE WEEKS AND SHALL GIVE PUBLIC NOTICE IN THE 3 PENNSYLVANIA BULLETIN. THE PERSON PROPOSING THE PROJECT MAY ALSO 4 PROVIDE PUBLIC NOTICE. ANY PERSON HAVING AN INTEREST WHICH MAY 5 BE ADVERSELY AFFECTED BY THE PROPOSED PROJECT HAS THE RIGHT TO 6 FILE WITH THE DEPARTMENT WRITTEN OBJECTION TO THE PROPOSED 7 PROJECT WITHIN 30 DAYS AFTER RECEIPT OF THE WRITTEN NOTICE OR 8 THE LAST PUBLICATION OF THE ABOVE NOTICE WHICH SHALL CONCLUDE 9 THE PUBLIC COMMENT PERIOD. THE DEPARTMENT SHALL PROVIDE TO THE 10 PERSON PROPOSING THE PROJECT A COPY OF EACH WRITTEN OBJECTION 11 RECEIVED DURING THE PUBLIC COMMENT PERIOD. 12 (C) ADVICE.--THE DEPARTMENT MAY PROVIDE ADVICE TO THE 13 LANDOWNER OR OTHER INTERESTED PERSON BASED UPON THE DEPARTMENT'S 14 KNOWLEDGE AND EXPERIENCE IN PERFORMING RECLAMATION PROJECTS AND 15 WATER POLLUTION ABATEMENT PROJECTS. 16 (D) DEPARTMENTAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH 17 PROPOSED RECLAMATION PROJECT AND APPROVE THE PROJECT IF THE 18 DEPARTMENT DETERMINES THE PROPOSED PROJECT: 19 (1) WILL RESULT IN THE REGRADING OF THE LAND TO STABLE 20 CONTOURS THAT BLEND IN AND COMPLEMENT THE DRAINAGE PATTERN OF 21 THE SURROUNDING TERRAIN WITH NO HIGHWALLS, SPOIL PILES OR 22 DEPRESSIONS TO ACCUMULATE WATER; 23 (2) WILL RESULT IN THE APPROPRIATE REVEGETATION OF THE 24 SITE; AND 25 (3) IS NOT LIKELY TO RESULT IN WATER POLLUTION AS 26 DEFINED IN SECTION 1 OF THE ACT OF JUNE 22, 1937 (P.L.1987, 27 NO.394), KNOWN AS THE CLEAN STREAMS LAW. 28 THE DEPARTMENT SHALL REVIEW EACH PROPOSED WATER POLLUTION 29 ABATEMENT PROJECT AND APPROVE THE PROJECT IF THE DEPARTMENT 30 DETERMINES THE PROPOSED PROJECT IS LIKELY TO IMPROVE THE WATER 19990H0868B2773 - 43 -
1 QUALITY AND IS NOT LIKELY TO MAKE THE WATER POLLUTION WORSE. 2 (E) ADDITIONAL REVIEW.--THE DEPARTMENT SHALL REVIEW EACH 3 PROJECT PLAN IN ACCORDANCE WITH SECTION 8111(B) (RELATING TO 4 EXCEPTIONS). 5 (F) PROJECT INVENTORY.--THE DEPARTMENT SHALL DEVELOP AND 6 MAINTAIN A SYSTEM TO INVENTORY AND RECORD EACH PROJECT, THE 7 PROJECT LOCATION AND BOUNDARIES, EACH LANDOWNER AND EACH PERSON 8 IDENTIFIED IN A PROJECT PLAN PROVIDED TO THE DEPARTMENT. THE 9 INVENTORY SHALL INCLUDE THE RESULTS OF THE DEPARTMENT'S REVIEW 10 OF THE PROPOSED PROJECT AND, WHERE APPLICABLE, INCLUDE THE 11 DEPARTMENT'S FINDINGS UNDER SECTION 8111(B). 12 (G) APPEAL.--A PERSON AGGRIEVED BY A DEPARTMENT DECISION TO 13 APPROVE OR DISAPPROVE A RECLAMATION PROJECT OR A WATER POLLUTION 14 ABATEMENT PROJECT HAS THE RIGHT TO FILE AN APPEAL WITH THE 15 ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH THE ACT OF JULY 16 13, 1988 (P.L.530, NO.94), KNOWN AS THE ENVIRONMENTAL HEARING 17 BOARD ACT, AND IN ACCORDANCE WITH THE ENVIRONMENTAL HEARING 18 BOARD'S RULES, 25 PA. CODE CH. 1021 (RELATING TO PRACTICE AND 19 PROCEDURES). 20 § 8106. LANDOWNER LIABILITY LIMITATION AND EXCEPTIONS. 21 (A) GENERAL RULE.--EXCEPT AS SPECIFICALLY PROVIDED IN 22 SUBSECTIONS (B) AND (C), A LANDOWNER WHO PROVIDES ACCESS TO THE 23 LAND, WITHOUT CHARGE OR OTHER CONSIDERATION, WHICH RESULTS IN 24 THE IMPLEMENTATION OF A RECLAMATION PROJECT OR A WATER POLLUTION 25 ABATEMENT PROJECT: 26 (1) SHALL BE IMMUNE FROM LIABILITY FOR ANY INJURY OR 27 DAMAGE SUFFERED BY THE PERSON IMPLEMENTING THE RECLAMATION 28 PROJECT OR THE WATER POLLUTION ABATEMENT PROJECT WHILE THE 29 PERSON IS WITHIN THE PROJECT WORK AREA. 30 (2) SHALL BE IMMUNE FROM LIABILITY FOR ANY INJURY TO OR 19990H0868B2773 - 44 -
1 DAMAGE SUFFERED BY A THIRD PARTY WHICH ARISES OUT OF OR 2 OCCURS AS A RESULT OF AN ACT OR OMISSION OF A PERSON 3 IMPLEMENTING A RECLAMATION PROJECT OR WATER POLLUTION 4 ABATEMENT PROJECT WHICH OCCURS DURING THE IMPLEMENTATION OF 5 THE RECLAMATION PROJECT OR THE WATER POLLUTION ABATEMENT 6 PROJECT. 7 (3) SHALL BE IMMUNE FROM LIABILITY FOR ANY INJURY TO OR 8 DAMAGE SUFFERED BY A THIRD PARTY WHICH ARISES OUT OF OR 9 OCCURS AS A RESULT OF A RECLAMATION PROJECT OR A WATER 10 POLLUTION ABATEMENT PROJECT. 11 (4) SHALL NOT BE DEEMED TO ASSUME LEGAL RESPONSIBILITY 12 FOR OR INCUR LIABILITY FOR ANY POLLUTION RESULTING FROM A 13 RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT PROJECT. 14 (5) SHALL NOT BE SUBJECT TO A CITIZEN SUIT FILED 15 PURSUANT TO SECTION 601 OF THE ACT OF JUNE 22, 1937 16 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, FOR 17 POLLUTION RESULTING FROM A RECLAMATION PROJECT OR WATER 18 POLLUTION ABATEMENT PROJECT. 19 (6) SHALL BE IMMUNE FROM LIABILITY FOR THE OPERATION, 20 MAINTENANCE OR REPAIR OF THE WATER POLLUTION ABATEMENT 21 FACILITIES CONSTRUCTED OR INSTALLED DURING THE PROJECT UNLESS 22 THE LANDOWNER NEGLIGENTLY DAMAGES OR DESTROYS THE WATER 23 POLLUTION ABATEMENT FACILITIES OR DENIES ACCESS TO THOSE 24 PERSONS WHO OPERATE, MAINTAIN OR REPAIR THE WATER POLLUTION 25 ABATEMENT FACILITIES. 26 (B) DUTY TO WARN.--A LANDOWNER SHALL WARN A PERSON 27 IMPLEMENTING A RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT 28 PROJECT OF KNOWN, LATENT, DANGEROUS CONDITIONS LOCATED ON THE 29 PROJECT WORK AREA WHICH KNOWN, LATENT, DANGEROUS CONDITIONS ARE 30 NOT THE SUBJECT OF THE RECLAMATION PROJECT OR THE WATER 19990H0868B2773 - 45 -
1 POLLUTION ABATEMENT PROJECT. NOTHING IN THIS CHAPTER SHALL LIMIT 2 IN ANY WAY OR AFFECT A LANDOWNER'S LIABILITY WHICH RESULTS FROM 3 THE LANDOWNER'S FAILURE TO WARN OF SUCH KNOWN, LATENT, DANGEROUS 4 CONDITIONS. 5 (C) EXCEPTIONS TO IMMUNITY.--NOTHING IS THIS CHAPTER SHALL 6 LIMIT IN ANY WAY OR AFFECT A LANDOWNER'S LIABILITY WHICH RESULTS 7 FROM A RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT PROJECT 8 AND WHICH WOULD OTHERWISE EXIST: 9 (1) FOR INJURY OR DAMAGE RESULTING FROM THE LANDOWNER'S 10 ACTS OR OMISSIONS WHICH ARE RECKLESS OR CONSTITUTE GROSS 11 NEGLIGENCE OR WILLFUL MISCONDUCT. 12 (2) WHERE THE LANDOWNER CHARGES AN ACCESS FEE OR 13 REQUIRES OTHER CONSIDERATION BEFORE ALLOWING ACCESS TO THE 14 LAND FOR THE PURPOSE OF IMPLEMENTING A RECLAMATION PROJECT OR 15 WATER POLLUTION ABATEMENT PROJECT OR TO OPERATE, MAINTAIN OR 16 REPAIR WATER POLLUTION ABATEMENT FACILITIES CONSTRUCTED OR 17 INSTALLED DURING A WATER POLLUTION ABATEMENT PROJECT. 18 (3) FOR THE LANDOWNER'S UNLAWFUL ACTIVITIES. 19 (4) FOR DAMAGE TO ADJACENT LANDOWNERS OR DOWNSTREAM 20 RIPARIAN LANDOWNERS WHICH RESULTS FROM A RECLAMATION PROJECT 21 OR WATER POLLUTION ABATEMENT PROJECT WHERE WRITTEN NOTICE OR 22 PUBLIC NOTICE OF THE PROPOSED PROJECT WAS NOT PROVIDED. 23 § 8107. PROJECT LIABILITY LIMITATION AND EXCEPTIONS. 24 (A) GENERAL RULE.--EXCEPT AS SPECIFICALLY PROVIDED IN 25 SUBSECTION (B), A PERSON WHO PROVIDES EQUIPMENT, MATERIALS OR 26 SERVICES AT NO COST OR AT COST FOR A RECLAMATION PROJECT OR A 27 WATER POLLUTION ABATEMENT PROJECT: 28 (1) SHALL BE IMMUNE FROM LIABILITY FOR ANY INJURY TO OR 29 DAMAGE SUFFERED BY A PERSON WHICH ARISES OUT OF OR OCCURS AS 30 A RESULT OF THE WATER POLLUTION ABATEMENT FACILITIES 19990H0868B2773 - 46 -
1 CONSTRUCTED OR INSTALLED DURING THE WATER POLLUTION ABATEMENT 2 PROJECT. 3 (2) SHALL BE IMMUNE FROM LIABILITY FOR ANY POLLUTION 4 EMANATING FROM THE WATER POLLUTION ABATEMENT FACILITIES 5 CONSTRUCTED OR INSTALLED DURING THE WATER POLLUTION ABATEMENT 6 PROJECT UNLESS THE PERSON AFFECTS AN AREA THAT IS 7 HYDROLOGICALLY CONNECTED TO THE WATER POLLUTION ABATEMENT 8 PROJECT WORK AREA AND CAUSES INCREASED POLLUTION BY 9 ACTIVITIES WHICH ARE UNRELATED TO THE IMPLEMENTATION OF A 10 WATER POLLUTION ABATEMENT PROJECT. 11 (3) SHALL NOT BE DEEMED TO ASSUME RESPONSIBILITY FOR OR 12 INCUR LIABILITY FOR THE OPERATION, MAINTENANCE AND REPAIR OF 13 THE WATER POLLUTION ABATEMENT FACILITIES CONSTRUCTED OR 14 INSTALLED DURING THE WATER POLLUTION ABATEMENT PROJECT. 15 (4) SHALL NOT BE SUBJECT TO A CITIZEN SUIT UNDER SECTION 16 601 OF THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS 17 THE CLEAN STREAMS LAW, FOR POLLUTION EMANATING FROM THE WATER 18 POLLUTION ABATEMENT FACILITIES CONSTRUCTED OR INSTALLED 19 DURING THE WATER POLLUTION ABATEMENT PROJECT. 20 (B) EXCEPTIONS.-- 21 (1) NOTHING IN THIS CHAPTER SHALL LIMIT IN ANY WAY THE 22 LIABILITY OF A PERSON WHO PROVIDES EQUIPMENT, MATERIALS OR 23 SERVICES AT NO COST OR AT COST FOR A RECLAMATION PROJECT OR A 24 WATER POLLUTION ABATEMENT PROJECT WHICH LIABILITY RESULTS 25 FROM THE RECLAMATION PROJECT OR THE WATER POLLUTION ABATEMENT 26 PROJECT AND WHICH WOULD OTHERWISE EXIST: 27 (I) FOR INJURY OR DAMAGE RESULTING FROM THE PERSON'S 28 ACTS OR OMISSIONS WHICH ARE RECKLESS OR CONSTITUTE GROSS 29 NEGLIGENCE OR WILLFUL MISCONDUCT. 30 (II) FOR THE PERSON'S UNLAWFUL ACTIVITIES. 19990H0868B2773 - 47 -
1 (III) FOR DAMAGES TO ADJACENT LANDOWNERS OR 2 DOWNSTREAM RIPARIAN LANDOWNERS WHICH RESULT FROM A 3 RECLAMATION PROJECT OR A WATER POLLUTION ABATEMENT 4 PROJECT WHERE WRITTEN NOTICE OR PUBLIC NOTICE OF THE 5 PROPOSED PROJECT WAS NOT PROVIDED. 6 (2) NOTHING IN THIS CHAPTER SHALL LIMIT IN ANY WAY THE 7 LIABILITY OF A PERSON WHO THE DEPARTMENT HAS FOUND TO BE IN 8 VIOLATION OF ANY OF THE FOLLOWING ACTS: 9 (I) THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), 10 KNOWN AS THE SURFACE MINING CONSERVATION AND RECLAMATION 11 ACT. 12 (II) THE ACT OF APRIL 27, 1966 (1ST SP.SESS., 13 P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE 14 AND LAND CONSERVATION ACT. 15 § 8108. PERMITS AND ZONING. 16 NOTHING IN THIS CHAPTER SHALL BE CONSTRUED AS WAIVING ANY 17 EXISTING PERMIT REQUIREMENTS OR WAIVING ANY LOCAL ZONING 18 REQUIREMENTS. 19 § 8109. RELATIONSHIP TO FEDERAL AND STATE PROGRAMS. 20 THE PROVISIONS OF THIS CHAPTER SHALL NOT PREVENT THE 21 COMMONWEALTH FROM ENFORCING REQUIREMENTS NECESSARY OR IMPOSED BY 22 THE FEDERAL GOVERNMENT AS A CONDITION TO RECEIVING OR 23 MAINTAINING PROGRAM AUTHORIZATION, DELEGATION, PRIMACY OR 24 FEDERAL FUNDS. 25 § 8110. GENERAL PERMITS. 26 IF THE DEPARTMENT DETERMINES IT WILL FURTHER THE PURPOSES OF 27 THIS CHAPTER, 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 19990H0868B2773 - 48 -
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 § 8111. 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 CHAPTER. 16 (B) PROJECTS NEAR MINING OR COAL REFUSE SITES.--THIS CHAPTER 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. 19990H0868B2773 - 49 -
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 CHAPTER SHALL 13 NOT APPLY TO A RECLAMATION PROJECT OR A WATER POLLUTION 14 ABATEMENT PROJECT THAT IS PERFORMED IN LIEU OF PAYING CIVIL 15 PENALTIES. 16 (D) LAND RECYCLING AND ENVIRONMENTAL REMEDIATION STANDARDS 17 ACT.--THE ACT OF MAY 19, 1995 (P.L.4, NO.2), KNOWN AS THE LAND 18 RECYCLING AND ENVIRONMENTAL REMEDIATION STANDARDS ACT, DOES NOT 19 APPLY TO RECLAMATION PROJECTS OR WATER POLLUTION ABATEMENT 20 PROJECTS IMPLEMENTED UNDER THIS CHAPTER. 21 § 8112. WATER SUPPLY REPLACEMENT. 22 A PUBLIC OR PRIVATE WATER SUPPLY AFFECTED BY CONTAMINATION OR 23 THE DIMINUTION CAUSED BY THE IMPLEMENTATION OF A RECLAMATION 24 PROJECT OR THE IMPLEMENTATION OF A WATER POLLUTION ABATEMENT 25 PROJECT SHALL BE RESTORED OR REPLACED BY THE DEPARTMENT WITH AN 26 ALTERNATE SOURCE OF WATER ADEQUATE IN QUANTITY AND QUALITY FOR 27 THE PURPOSES SERVED BY THE WATER SUPPLY. 28 § 8113. ORPHAN OIL AND GAS WELLS. 29 A RECLAMATION PROJECT OR WATER POLLUTION ABATEMENT PROJECT 30 SHALL NOT BE IMPLEMENTED IN A MANNER WHICH WILL LIMIT ACCESS TO 19990H0868B2773 - 50 -
1 AN ORPHAN GAS WELL OR AN ORPHAN OIL WELL. 2 § 8114. REGULATIONS. 3 THE DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS NECESSARY 4 TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER. 5 PART VII 6 MISCELLANEOUS PROVISIONS 7 (RESERVED) 8 SECTION 2. (A) THE SUM OF $2,000,000 IS HEREBY 9 APPROPRIATED, UPON APPROVAL OF THE GOVERNOR, TO THE DEPARTMENT 10 OF ENVIRONMENTAL PROTECTION FROM THE HAZARDOUS SITES CLEANUP 11 FUND FOR THE FISCAL YEAR JULY 1, 1999, TO JUNE 30, 2000, FOR THE 12 PURPOSES OF EXPANDING THE SMALL BUSINESS AND HOUSEHOLD POLLUTION 13 PREVENTION PROGRAM TO PROVIDE ONSITE ASSESSMENTS AND 14 RECOMMENDATIONS FOR POLLUTION PREVENTION AND ENERGY EFFICIENCY 15 TECHNIQUES FOR FISCAL YEAR 1999-2000. THE GENERAL ASSEMBLY MAY 16 APPROPRIATE UP TO $2,000,000 IN ADDITIONAL FUNDS FROM THE 17 HAZARDOUS SITES CLEANUP FUND FOR THE FISCAL YEAR JULY 1, 2000, 18 TO JUNE 30, 2001, FOR THIS PURPOSE. 19 (B) THE SUM OF $44,675,000, OR AS MUCH THEREOF AS MAY BE 20 NECESSARY, IS HEREBY APPROPRIATED TO THE ENVIRONMENTAL 21 STEWARDSHIP FUND FOR THE FISCAL YEAR JULY 1, 1999, TO JUNE 30, 22 2000, TO CARRY OUT THE PROVISIONS OF 27 PA.C.S. CH. 61. 23 (C) THE SUM OF $20,000,000, OR AS MUCH THEREOF AS MAY BE 24 NECESSARY, IS HEREBY APPROPRIATED TO THE AGRICULTURAL 25 CONSERVATION EASEMENT PURCHASE FUND FOR THE FISCAL YEAR JULY 1, 26 1999, TO JUNE 30, 2000, TO CARRY OUT THE PROVISIONS OF THE ACT 27 OF JUNE 30, 1981 (P.L.128, NO.43), KNOWN AS THE AGRICULTURAL 28 AREA SECURITY LAW. 29 SECTION 3. (A) THE FOLLOWING ACTS AND PARTS OF ACTS ARE 30 REPEALED: 19990H0868B2773 - 51 -
1 SECTION 1936-A(B) OF THE ACT OF APRIL 9, 1929 (P.L.177, 2 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929. 3 ACT OF AUGUST 20, 1953 (P.L.1217, NO.339), ENTITLED "AN ACT 4 PROVIDING FOR PAYMENTS BY THE COMMONWEALTH TO MUNICIPALITIES 5 WHICH HAVE EXPENDED MONEY TO ACQUIRE AND CONSTRUCT SEWAGE 6 TREATMENT PLANTS IN ACCORDANCE WITH THE CLEAN STREAMS PROGRAM 7 AND THE ACT, APPROVED THE TWENTY-SECOND DAY OF JUNE, ONE 8 THOUSAND NINE HUNDRED THIRTY-SEVEN (PAMPHLET LAWS 1987), AND 9 MAKING AN APPROPRIATION." 10 SECTION 1108(B), (C), (F) AND (I) OF THE ACT OF JULY 28, 1988 11 (P.L.556, NO.101), KNOWN AS THE MUNICIPAL WASTE PLANNING, 12 RECYCLING AND WASTE REDUCTION ACT. 13 SECTIONS 5(D) AND 6(B)(3), (4), (5) AND (6), (C), (D), (E), 14 (F) AND (G) OF THE ACT OF JUNE 23, 1982 (P.L.597, NO.170), KNOWN 15 AS THE WILD RESOURCE CONSERVATION ACT. 16 (B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS 17 THEY ARE INCONSISTENT WITH: 18 (1) SUBSECTION (A); 19 (2) THE ADDITION OF 27 PA.C.S. CH. 61; 20 (3) THE ADDITION OF 27 PA.C.S. CH. 81; OR 21 (4) SECTION 2 OF THIS ACT. 22 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 23 (1) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 24 (2) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT IN 60 25 DAYS: 26 (I) THE ADDITION OF 27 PA.C.S. CH 81. 27 (II) SECTION 3(B)(3) OF THIS ACT. 28 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT DECEMBER 29 31, 1999, OR IMMEDIATELY, WHICHEVER IS LATER. B22L27JS/19990H0868B2773 - 52 -