PRINTER'S NO. 248
No. 243 Session of 1999
INTRODUCED BY KASUNIC, MUSTO, MELLOW, BELAN, COSTA, STAPLETON, STOUT AND WHITE, FEBRUARY 1, 1999
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 1, 1999
AN ACT 1 Amending the act of September 24, 1968 (P.L.1040, No.318), 2 entitled, as amended, "An act providing for the protection of 3 the safety, health and welfare of the people, property and 4 public roads and highways of the Commonwealth from conditions 5 on coal refuse disposal areas, or parts thereof, which fail 6 to comply with the established rules, regulations or quality 7 standards adopted to avoid air or water pollution or to 8 protect water supplies, and from the danger of slipping, 9 sliding or burning of coal refuse disposal areas, or parts 10 thereof, sometimes caused by the storage of coal refuse; 11 prescribing for and regulating the operation of coal refuse 12 disposal areas, and parts thereof; prescribing the powers of 13 the Department of Environmental Resources with respect 14 thereto; providing for the power to enjoin the operation of 15 coal refuse disposal areas, or parts thereof, which contain 16 certain conditions; providing for civil and criminal 17 penalties; authorizing the acquisition by condemnation of 18 certain land areas in certain cases; establishing a permit 19 system, authorizing the adoption of rules and regulations, 20 establishing minimum standards ; requiring bonds and for the 21 maintenance of primary jurisdiction over surface coal mining 22 in Pennsylvania; providing incentives for coal refuse 23 disposal activities on previously affected areas; and 24 providing for coal refuse disposal research," limiting the 25 liability of owners who make land available for pollution 26 abatement or educational purposes. 27 The General Assembly of the Commonwealth of Pennsylvania 28 hereby enacts as follows: 29 Section 1. The act of September 24, 1968 (P.L.1040, No.318),
1 known as the Coal Refuse Disposal Control Act, is amended by 2 adding a section to read: 3 Section 6.4. Use of Land for Pollution Abatement Purposes.-- 4 (a) Except as specifically provided in subsection (d) of this 5 section, an owner of land owes no duty of care: 6 (1) to keep the land safe for entry or use by others for 7 pollution abatement or educational purposes under this act; or 8 (2) to give any warning of a dangerous condition, use, 9 structure or activity on the land to persons entering or using 10 the land for pollution abatement or educational purposes. 11 (b) Except as specifically provided in subsection (d) of 12 this section, an owner of land who invites without charge a 13 person to use the land for pollution abatement or educational 14 purposes does not thereby: 15 (1) extend any assurance that the land is safe for any 16 purpose; 17 (2) confer upon the person the legal status of an invitee or 18 licensee to whom a duty of care is owed; or 19 (3) assume responsibility for or incur liability for any 20 injury to third parties caused by an act or omission of a person 21 using the land for pollution abatement or educational purposes. 22 (c) (1) An owner of land who invites without charge a 23 person to enter or use land for pollution abatement purposes 24 shall enter into an agreement with the person making use of the 25 land and the Department of Environmental Protection under which 26 the owner shall have no liability for any contamination of the 27 land caused by the person making use of the land for pollution 28 abatement purposes. 29 (2) Notwithstanding any provision of the act of June 22, 30 1937 (P.L.1987, No.394), known as "The Clean Streams Law," to 19990S0243B0248 - 2 -
1 the contrary, an owner who enters into an agreement under this 2 subsection shall not be subject to a citizen suit, an action 3 seeking contribution for remediation of the land or an action by 4 the Department of Environmental Protection with respect to the 5 land except an action to enforce the terms of the agreement. 6 (d) Nothing in this section limits in any way any liability 7 which otherwise exists: 8 (1) for willful or malicious failure to guard or warn 9 against a dangerous condition, use, structure or activity; or 10 (2) for injury suffered in any case where the owner of land 11 charges the person or persons who enter or go on the land for 12 pollution abatement or educational purposes, except that in the 13 case of land leased to the Commonwealth or a subdivision, any 14 consideration received by the owner for the lease shall not be 15 deemed a charge within the meaning of this section. 16 (e) Nothing in this section shall be construed to: 17 (1) create a duty of care or ground of liability for injury 18 to persons or property; or 19 (2) relieve any person using the land of another for 20 pollution abatement or educational purposes from any obligation 21 which the person may have in the absence of this section to 22 exercise care in use of the land and in activities conducted on 23 the land, or from the legal consequences of failure to employ 24 care in the use of the land of another. 25 (f) As used in this section, the following words and phrases 26 shall have the meanings given to them in this subsection: 27 "Acid mine drainage" means, for the purposes of this section, 28 any discharge of pollution originating from an abandoned coal 29 mine or from the land containing an abandoned coal mine into the 30 waters of the Commonwealth. It shall include the discharge of 19990S0243B0248 - 3 -
1 iron, aluminum and manganese or other pollutants usually 2 associated with abandoned mine drainage from a mine or lands 3 into the waters of the Commonwealth. 4 "Educational group" means an environmental organization or 5 group, or public or private school class or club or other club 6 or organization, which studies or examines pollution abatement 7 systems on site. 8 "Educational purpose" means the on site study or examination 9 of pollution abatement systems and techniques, which are 10 employed to treat acid mine drainage, by educational groups. 11 "Land" means unimproved real property, roads, water, 12 watercourses, private ways and buildings, structures and 13 machinery or equipment when attached to the realty. 14 "Owner" means the possessor of a fee interest, a tenant, 15 lessee, occupancy or person in control of the premises. 16 "Pollution abatement purposes" means employment of systems 17 and techniques for the treatment of acid mine drainage that will 18 result in a reduction of land and water pollution. 19 Section 2. This act shall take effect in 60 days. A11L52RZ/19990S0243B0248 - 4 -