CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 894, 1234, 1579 PRINTER'S NO. 1593
No. 814 Session of 1989
INTRODUCED BY RHOADES, MUSTO, SALVATORE, SHUMAKER, REIBMAN,
PORTERFIELD, LEMMOND AND CORMAN, APRIL 10, 1989
SENATOR TILGHMAN, APPROPRIATIONS, AS AMENDED, OCTOBER 3, 1989
AN ACT
1 Amending the act of May 31, 1945 (P.L.1198, No.418), entitled,
2 as amended, "An act providing for the conservation and
3 improvement of land affected in connection with surface
4 mining; regulating such mining; providing for the
5 establishment of an Emergency Bond Fund for anthracite deep
6 mine operators; and providing penalties," PROVIDING FOR <--
7 POLLUTIONAL DISCHARGES AND BONDS; extending the Emergency
8 Bond Fund to anthracite surface mines; and making an
9 appropriation.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. The title and section 4.7 of the act of May 31, <--
13 1945 (P.L.1198, No.418), known as the Surface Mining
14 Conservation and Reclamation Act, amended or added December 12, <--
15 1986 (P.L.1570, No.171), are IS amended to read: <--
16 AN ACT
17 Providing for the conservation and improvement of land affected
18 in connection with surface mining; regulating such mining;
19 providing for the establishment of an Emergency Bond Fund for
20 anthracite deep mine operators and anthracite surface mine
21 operators; and providing penalties.
1 SECTION 2. SECTION 4(G) OF THE ACT, AMENDED OCTOBER 10, 1980 <--
2 (P.L.835, NO.155), IS AMENDED AND THE SECTION IS AMENDED BY
3 ADDING SUBSECTIONS TO READ:
4 SECTION 4. MINING PERMIT; RECLAMATION PLAN; BOND.--* * *
5 (G) SUBJECT TO THE PUBLIC NOTICE REQUIREMENTS OF SUBSECTION
6 (B), IF THE DEPARTMENT IS SATISFIED THE RECLAMATION COVERED BY
7 THE BOND OR PORTION THEREOF HAS BEEN ACCOMPLISHED AS REQUIRED BY
8 THIS ACT, IT MAY, IN THE CASE OF SURFACE COAL MINING OPERATIONS,
9 UPON REQUEST BY THE PERMITTEE RELEASE IN WHOLE OR IN PART THE
10 BOND OR DEPOSIT ACCORDING TO THE FOLLOWING SCHEDULE: (1) WHEN
11 THE OPERATOR HAS COMPLETED THE BACKFILLING, REGRADING AND
12 DRAINAGE CONTROL OF A BONDED AREA IN ACCORDANCE WITH HIS
13 APPROVED RECLAMATION PLAN, THE RELEASE OF SIXTY PER CENT OF THE
14 BOND FOR THE APPLICABLE PERMIT AREA, SO LONG AS PROVISIONS FOR
15 TREATMENT OF POLLUTIONAL DISCHARGES, IF ANY, HAVE BEEN MADE BY
16 THE OPERATOR; (2) WHEN REVEGETATION HAS BEEN SUCCESSFULLY
17 ESTABLISHED ON THE AFFECTED AREA IN ACCORDANCE WITH THE APPROVED
18 RECLAMATION PLAN, THE DEPARTMENT SHALL RETAIN THAT AMOUNT OF
19 BOND FOR THE REVEGETATED AREA WHICH WOULD BE SUFFICIENT FOR THE
20 COST TO THE COMMONWEALTH OF REESTABLISHING REVEGETATION. SUCH
21 RETENTION OF BOND SHALL BE FOR THE DURATION OF LIABILITY UNDER
22 THE BOND AS PRESCRIBED IN SUBSECTION (D). NO PART OF THE BOND
23 SHALL BE RELEASED UNDER THIS SUBSECTION SO LONG AS THE LANDS TO
24 WHICH THE RELEASE WOULD BE APPLICABLE ARE CONTRIBUTING SUSPENDED
25 SOLIDS TO STREAMFLOW OR RUNOFF OUTSIDE THE PERMIT AREA IN EXCESS
26 OF THE REQUIREMENTS OF LAW OR UNTIL SOIL PRODUCTIVITY FOR PRIME
27 FARMLANDS HAS RETURNED TO EQUIVALENT LEVEL OF YIELD AS NONMINED
28 LAND OF THE SAME SOIL TYPE IN THE SURROUNDING AREA UNDER
29 EQUIVALENT MANAGEMENT PRACTICES AS DETERMINED FROM THE SOIL
30 SURVEY PERFORMED PURSUANT TO SUBSECTION (A)(2)I. WHERE A
19890S0814B1593 - 2 -
1 PERMANENT IMPOUNDMENT IS TO BE RETAINED, THAT PORTION OF BOND
2 UNDER THIS SUBSECTION MAY BE RELEASED UNDER THIS SUBSECTION SO
3 LONG AS PROVISIONS FOR SOUND FUTURE MAINTENANCE BY THE OPERATOR
4 OR THE LANDOWNER HAVE BEEN MADE WITH THE DEPARTMENT; (3) WHEN
5 THE OPERATOR HAS COMPLETED SUCCESSFULLY ALL MINING AND
6 RECLAMATION ACTIVITIES, AND HAS MADE PROVISIONS WITH THE
7 DEPARTMENT FOR THE SOUND FUTURE TREATMENT OF POLLUTIONAL
8 DISCHARGES, THE RELEASE OF THE REMAINING PORTION OF THE BOND,
9 BUT NOT BEFORE THE EXPIRATION OF THE PERIOD SPECIFIED FOR
10 OPERATOR RESPONSIBILITY IN SUBSECTION (D). IN THE CASE OF
11 NONCOAL SURFACE MINING OPERATIONS, IN LIEU OF THE SCHEDULE AND
12 CRITERIA FOR RELEASE OF BONDS PROVIDED FOR IN THIS SUBSECTION,
13 THE SCHEDULE AND CRITERIA FOR RELEASE OF BONDS SHALL BE AS SET
14 FORTH IN REGULATIONS PROMULGATED HEREUNDER. NO BOND SHALL BE
15 FULLY RELEASED UNTIL ALL REQUIREMENTS OF THIS ACT ARE FULLY MET.
16 UPON RELEASE OF ALL OR PART OF THE BOND AND COLLATERAL AS HEREIN
17 PROVIDED, THE STATE TREASURER SHALL IMMEDIATELY RETURN TO THE
18 OPERATOR THE AMOUNT OF CASH OR SECURITIES SPECIFIED THEREIN.
19 (G.1) FOR OPERATIONS CONDUCTED UNDER PERMITS ISSUED AFTER
20 JULY 31, 1982, THE DEPARTMENT SHALL ESTABLISH BY REGULATION
21 REQUIREMENTS FOR ABATEMENT OF POLLUTIONAL DISCHARGES AND
22 ALTERNATIVE FINANCIAL RESPONSIBILITY, INCLUDING A PROGRAM OF
23 SELF-BONDING AND OTHER PROGRAMS AS MAY BE NECESSARY TO PROVIDE
24 FOR THE FUTURE TREATMENT OF POLLUTIONAL DISCHARGES.
25 (G.2) FOR OPERATIONS CONDUCTED UNDER PERMITS ORIGINALLY OR
26 FIRST ISSUED PRIOR TO JULY 31, 1982, WHICH ENCOUNTERED DRAINAGE
27 FROM PREVIOUS MINING AND WERE MINED IN ACCORDANCE WITH THE RULES
28 AND REGULATIONS OF THE DEPARTMENT IN EFFECT AT THE TIME, THE
29 BONDS SHALL BE RELEASED AS PROVIDED FOR IN SUBSECTION (G),
30 UNLESS THE DEPARTMENT DEMONSTRATES THAT THE MINING ACTIVITIES OF
19890S0814B1593 - 3 -
1 THE PERMITTEE HAVE CAUSED ADDITIONAL POLLUTION. IF THE
2 DEPARTMENT SO DEMONSTRATES, THE PERMITTEE SHALL BE RESPONSIBLE
3 FOR SUCH ADDITIONAL POLLUTION PURSUANT TO SUBSECTION (G.1).
4 (G.3) FOR PURPOSES OF SUBSECTIONS (G) AND (G.1),
5 "POLLUTIONAL DISCHARGE" SHALL MEAN A DISCHARGE ENTERING THE
6 WATERS OF THIS COMMONWEALTH AND FOR WHICH THE DEPARTMENT
7 DEMONSTRATES A VIOLATION OF WATER QUALITY STANDARDS RESULTING IN
8 DEGRADATION OF THE RECEIVING WATERS.
9 * * *
10 SECTION 3. SECTION 4.7 OF THE ACT, ADDED DECEMBER 12, 1986
11 (P.L.1570, NO.171), IS AMENDED TO READ:
12 Section 4.7. Anthracite [Deep] Mine Operators Emergency Bond
13 Fund.--(a) Within thirty (30) days of the effective date of
14 this section, the department shall establish an Emergency Bond
15 Fund for the purpose of reclaiming any anthracite deep mined or
16 surface mined lands which may be abandoned after the effective
17 date of this section and on which the bond required by law and
18 established by regulation has not been posted due to
19 circumstances set forth in subsection (d).
20 (b) The department shall collect from the following classes
21 of licensed anthracite deep mine operators and anthracite
22 surface mine operators a fee of twenty-five cents (25¢) for each
23 ton of coal extracted from mining operations for which the
24 required bond has not been posted due to the circumstances set
25 forth in subsection (d):
26 (1) Licensed anthracite deep mine operators and anthracite
27 surface mine operators who submit to the department three
28 letters of rejection from three separate bonding companies
29 licensed to do business in this Commonwealth, stating that the
30 operator has been denied a bond and the grounds for rejection.
19890S0814B1593 - 4 -
1 (2) Licensed anthracite deep mine operators and anthracite
2 surface mine operators whose bonds are canceled due to the
3 insolvency or bankruptcy of any insurance company or surety
4 company licensed to do business in this Commonwealth.
5 (c) The department shall deposit appropriations and the
6 moneys collected into the Emergency Bond Fund. The department
7 may establish such recordkeeping and reporting requirements as
8 may be necessary for the purpose of implementing this section.
9 Each operator affected by this section shall remit the fees to
10 the department within forty-five (45) days following the sale of
11 the tonnage on which the fee has been levied. The collection and
12 deposit of the fees shall continue until the fund has reached a
13 level that equals the number of acres for which no bond has been
14 posted multiplied by the per-acre bonding requirement as
15 established by rules and regulations of the department.
16 (d) If the bonds of any anthracite deep mine operator or
17 anthracite surface mine operator are canceled due to the
18 insolvency or bankruptcy of any insurance company or surety
19 company authorized to do business in this Commonwealth, and if
20 replacement bonds from any other company are unavailable to the
21 operator, even though the operator possesses sufficient
22 financial resources to otherwise qualify for a bond, or if the
23 operator has received the letters of rejection provided for in
24 subsection (b), the operator shall so notify the department in
25 writing. Notice to the department in the case of an operator who
26 has received the letters of rejection provided for in subsection
27 (b) shall contain the letters of rejection and such other
28 information as the Environmental Quality Board may, by
29 regulation, prescribe. In lieu of a bond, the operator's
30 reclamation obligation for each site for which a permit has been
19890S0814B1593 - 5 -
1 applied shall be secured by the Emergency Bond Fund provided for
2 in subsection (a) until such time as the site has been reclaimed
3 or until an original or replacement bond, as the case may be,
4 has been obtained by the operator: Provided, however, That no
5 permit shall be issued under this subsection unless the operator
6 has filed with the department a minimum payment of one thousand
7 dollars ($1,000) toward the bond obligation and borrowed the
8 remaining balances from the Emergency Bond Fund to cover the
9 bond amounts for the entire permit area, as required by law. At
10 such time as the operator has satisfied a reclamation obligation
11 secured by the fund provided for in section 1, the department
12 shall release to the operator the fees collected, in whole or in
13 part, according to the bond release schedule provided for by
14 regulation. Any operator whose bond obligation is met by this
15 section and whose permit application has been approved shall,
16 throughout the term of the permit, undertake all reasonable
17 actions to obtain an original or replacement bond, as the case
18 may be, for said site.
19 (e) The Environmental Quality Board may adopt regulations
20 which require the operator to demonstrate, from time to time,
21 that he has made such reasonable attempts to obtain an original
22 or replacement bond.
23 (f) In collecting the fees provided for and in securing
24 reclamation obligations, the department shall maintain a
25 separate record for each operator. The fees paid by an operator
26 may be used only to secure the reclamation obligations of the
27 operator.
28 (g) The sum of fifty thousand dollars ($50,000) is hereby
29 appropriated to the department for immediate deposit into the
30 Emergency Bond Fund to provide the necessary funds for loans to
19890S0814B1593 - 6 -
1 qualified anthracite deep mine operators and anthracite surface
2 mine operators to provide the required bonds to obtain mining
3 permits.
4 Section 2 4. The act is amended by adding sections to read: <--
5 Section 4.8. Pennsylvania Remining Fund.--(a) There is
6 hereby established a separate account in the State Treasury to
7 be known as the Pennsylvania Remining Fund. All moneys in this
8 fund are hereby appropriated to the department on a continuing
9 basis. The fund shall be administered by the department for the
10 purpose of providing the financial assurance needed to fulfill
11 the reclamation bond requirements established under this act
12 for:
13 (1) Remining abandoned mine lands or areas where the
14 department has forfeited bonds, including coal refuse piles.
15 (2) Providing bond credits for reclaiming abandoned mine
16 lands or land that was subject to bond forfeiture, including
17 coal refuse piles.
18 (b) (1) Financial assurance under this section may be
19 approved by the department for remining activities involving
20 surface mining anthracite and bituminous coal and reclamation of
21 coal refuse piles.
22 (2) Any licensed mine operator applying for financial
23 assurance or bond credits from the Remining Fund must prove to
24 the department that the operator has no liability for
25 reclamation or pollution at the proposed site of remining.
26 (3) The licensed mine operator must demonstrate to the
27 department that remining is technologically and economically
28 feasible at the proposed site of remining.
29 (4) Financial assurance or a bond credit under this section
30 may be approved by the department in combination with
19890S0814B1593 - 7 -
1 conventional collateral, surety or self-bonding agreements.
2 However, the assurance or bond credit shall apply only to that
3 portion of the permit area to be remined.
4 (5) The department may require, as a condition of granting
5 the financial assurance or bond credit, that the operator post a
6 contract performance bond to insure that the operator completes
7 the proposed remining. The performance bond is to be only in an
8 amount necessary to cover those areas proposed to be remined and
9 shall be released by the department upon completion of the work
10 described in the approved reclamation plan.
11 (6) Mine operators whose applications have been approved by
12 the department to participate in the Remining Fund shall not be
13 required to pay any per-acre reclamation fees or assessments
14 established by the department for the area covered by the
15 proposal or permit application. In addition, any permit
16 application fee collected or assessed by the department shall be
17 returned or waived.
18 (7) Priority for participation in the Remining Fund shall be
19 given to licensed mine operators proposing remining within areas
20 designated suitable for reclamation by remining.
21 (c) To be eligible to receive financial assurance under this
22 section to conduct remining operations, a licensed mine operator
23 who is otherwise eligible to obtain a permit shall, in addition
24 to any other applicable permitting requirements of this act:
25 (1) Submit a mining application to the department clearly
26 indicating which areas the operator intends to remine and which
27 areas, if any, are to be mined for the first time.
28 (2) Calculate the amount of bond that would be needed to
29 cover the area to be remined, or the initial area of remining.
30 (3) Request to be considered by the department for
19890S0814B1593 - 8 -
1 participation in the remining fund.
2 (d) A bond credit in the form of a bond letter may be issued
3 by the department to a licensed mine operator who is otherwise
4 eligible to obtain a permit. The department shall adhere to the
5 following procedures when issuing a bond credit, in addition to
6 any other applicable permitting requirements of this act:
7 (1) Require a licensed mine operator to submit a proposal to
8 the department to remine a specific area, together with the
9 estimated cost of the reclamation to occur.
10 (2) Apply the bond credit against any reclamation bond
11 obligation selected by the mine operator, except the reclaimed
12 area that results in the bond credit.
13 Section 4.9. Designating Areas Suitable for Reclamation by
14 Remining.--(a) The department shall designate areas of this
15 Commonwealth that are suitable for reclamation by remining,
16 including coal refuse piles, using any or all types of surface
17 mining activities, if the department determines that reclamation
18 pursuant to the requirements of this act is technologically and
19 economically feasible.
20 (b) In designating areas suitable for reclamation by
21 remining, the department shall consider the following:
22 (1) Those lands which were affected by surface or deep
23 mining activities, including coal refuse piles, prior to August
24 3, 1977, or for which the Commonwealth has forfeited the
25 reclamation bond, and which are causing or contributing to the
26 pollution of the waters of this Commonwealth.
27 (2) Areas which, if remined, would result in enhancement of
28 nearby recreation, natural or scenic areas.
29 (3) Areas where remining would result in a significant
30 economic or social enhancement of the surrounding region.
19890S0814B1593 - 9 -
1 (4) Areas that do not now meet the water quality criteria of
2 25 Pa. Code Ch.93 (relating to water quality standards) but
3 which, if remining occurs, are likely to maintain existing or
4 enhance downstream water uses and water quality and which are
5 unlikely to cause further degradation of receiving stream water
6 quality.
7 (5) Areas which contain or are contiguous to coal reserves
8 of acceptable quality and accessibility to a market.
9 (6) The overall technical suitability and feasibility of the
10 area to be reclaimed through remining.
11 (c) (1) The department may accept nominations for areas
12 suitable for reclamation by remining from the Mining and
13 Reclamation Advisory Board or from any person or shall nominate
14 areas itself. The department shall determine within thirty (30)
15 days whether to accept the nomination for further study.
16 (2) The department shall prepare a detailed report on the
17 proposed area, within one hundred twenty (120) days of its
18 acceptance of a nomination of an area for study, based on the
19 criteria outlined in subsection (b). The report shall contain
20 enough background information on the proposed area to allow a
21 mine operator to directly use its contents in the preparation of
22 a proposal or permit application to remine the area.
23 (3) Prior to making any designation, the report prepared by
24 the department shall be reviewed by the Mining and Reclamation
25 Advisory Board. The department shall also publish a notice in
26 the Pennsylvania Bulletin establishing a public comment period
27 of at least a thirty (30) days on the report. The comment period
28 shall also be advertised at least once a week for two weeks in a
29 newspaper of general circulation in the proposed designation
30 area.
19890S0814B1593 - 10 -
1 (4) No later than six (6) months after its acceptance of a
2 nominated area for study, the department will make a decision on
3 whether to designate an area as suitable for remining.
4 Section 4.10. Remining Operator's Assistance Program.--(a)
5 The department shall establish a program to assist and pay for
6 the preparation of proposals and applications for licensed mine
7 operators otherwise eligible to obtain a permit for remining
8 abandoned mine land and land subject to bond forfeitures,
9 including coal refuse piles. The program shall include, but not
10 be limited to, the preparation of hydrologic, surface and ground
11 water data, overburden analysis and other information to support
12 a proposal or application.
13 (b) Mine operators participating in the Remining Operator's
14 Assistance Program shall not be required to pay any per-acre
15 reclamation fees or assessments established by the department
16 for the area covered by the proposal or permit application. In
17 addition, any permit application fee collected or assessed by
18 the department shall be returned or waived.
19 Section 4.11. Pennsylvania Reclamation and Remining
20 Program.--(a) The department shall establish a reclamation and
21 remining program to provide incentives and assistance to reclaim
22 abandoned mine lands and land that is subject to bond
23 forfeitures, including coal refuse piles. The department is
24 authorized to expend moneys from the Surface Mining Conservation
25 and Reclamation Fund and The Clean Water Fund for this program.
26 The program shall include, but not be limited to, the following
27 elements:
28 (1) The encouragement of the reclamation of abandoned mine
29 lands by active surface coal mine operators.
30 (2) The encouragement of the recovery of remaining coal
19890S0814B1593 - 11 -
1 resources on abandoned mine lands and maximizing reclamation of
2 such lands in the process.
3 (3) The development of an operator qualification system.
4 (4) Provision for the removal of existing coal waste piles,
5 slurry ponds, impoundments, embankments and other areas
6 containing such waste materials; and encouraging the enhanced
7 use of coal waste materials as an alternative energy fuel.
8 (5) The encouragement of local government participation in
9 abandoned mine land agreements.
10 (b) (1) Notwithstanding any provision of law to the
11 contrary, the department may enter into no-cost reclamation
12 contracts in which the cost of reclamation is assumed by the
13 operator. Any licensed surface mine operator or coal mine
14 operator having no history of violations showing a lack of
15 ability or intention to comply with this act or other Federal or
16 State environmental laws may make a proposal to reclaim
17 abandoned mine land or to remove a coal refuse pile.
18 (2) The removal of coal refuse shall not involve any
19 reprocessing of coal refuse or the return of coal refuse
20 material to the coal refuse disposal area from which the pile is
21 removed.
22 (3) Where the extraction of coal is necessary to physically
23 accomplish the reclamation of the abandoned mine land, the
24 department may authorize extraction of the coal without a valid
25 surface mining permit in accordance with regulations promulgated
26 by the department.
27 (C) NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B)(2), THE <--
28 DEPARTMENT MAY ENTER INTO NO-COST RECLAMATION CONTRACTS WITH THE
29 OWNERS OR OPERATORS OF PROJECTS WHICH UTILIZE COAL WASTE
30 MATERIALS AS AN ALTERNATIVE FUEL AND WHICH UTILIZE COAL WASTE
19890S0814B1593 - 12 -
1 ASH AND COAL WASTE MATERIALS IN COAL AND NONCOAL LAND
2 RECLAMATION ACTIVITIES PROVIDED THAT:
3 (1) THE COAL WASTE ASH IS GENERATED FROM A CIRCULATING
4 FLUIDIZED BED COMBUSTION FACILITY AND DOES NOT HAVE THE
5 CHARACTERISTICS OF A "HAZARDOUS WASTE" AS DEFINED PURSUANT TO
6 THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE "SOLID
7 WASTE MANAGEMENT ACT."
8 (2) THE VOLUME OF BACKFILL MATERIAL IS COMPOSED OF LESS THAN
9 FIFTY PER CENT COAL REFUSE REMOVED AS REJECT MATERIAL IN THE
10 REMINING OPERATION WHICH IS DISPOSED TOGETHER WITH COAL WASTE
11 ASH.
12 (c) (D) The department shall prepare a report to the Senate <--
13 Environmental Resources and Energy Committee and the House
14 Conservation Committee of the House of Representatives on July 1
15 of each year, giving a status report on activities covering the
16 department's reclamation and remining programs under this
17 section and sections 4.8, 4.9, 4.10 and 18 of this act. The
18 report shall include, but not be limited to:
19 (1) The number and names of operators participating in the
20 programs under sections 4.8, 4.9, 4.10 and this section and the
21 bond forfeiture reclamation programs under section 18.
22 (2) The number of acres of abandoned mine land, land subject
23 to bond forfeiture and coal refuse piles reclaimed.
24 (3) The dollar value of these reclamation activities.
25 (4) Recommendations for providing additional incentives for
26 the reclamation of areas previously mined.
27 (5) The comments of the Mining and Reclamation Advisory
28 Board on the annual report.
29 Section 3 5. Section 18(f) and (g) of the act, added October <--
30 12, 1984 (P.L.916, No.181), are amended to read:
19890S0814B1593 - 13 -
1 Section 18. Surface Mining Conservation and Reclamation
2 Fund; Payments to Clean Water Fund.--* * *
3 (f) When [an] a licensed mine operator desires to reclaim
4 property on which the department has forfeited bonds for failure
5 to complete the reclamation plan or is granted a permit on
6 property contiguous to a property on which the department has
7 forfeited bonds for failure to complete the reclamation plan,
8 the operator or permittee shall be provided the opportunity to
9 make a proposal to complete the reclamation plan of the
10 forfeited bond area. The proposal shall contain estimated costs
11 and the necessary information upon which the department can
12 determine the cost effectiveness of the proposal. Upon receipt
13 of the proposal, the secretary may negotiate and enter into a
14 contract with the operator or permittee to complete the
15 reclamation plan. A determination whether to negotiate shall be
16 made by the department within thirty (30) days of receipt of the
17 proposal; and contract negotiations shall begin within thirty
18 (30) days of the determination to negotiate.
19 (g) There is hereby created a Mining and Reclamation
20 Advisory Board to assist the secretary to expend the funds for
21 the purposes provided by this act and to advise the secretary on
22 all matters pertaining to mining and reclamation which shall
23 include, but not be limited to, experimental practices,
24 alternate methods of backfilling, selection of reclamation
25 projects, alternate reclamation methods, obligations for
26 preexisting pollution liability, alteration of reclamation
27 plans, reclamation fees and bonding rates and methods.
28 (1) The board shall be comprised of [three (3)] four (4)
29 coal operators, two (2) of whom shall be licensed bituminous
30 surface mine operators and [one (1)] two (2) of whom shall be
19890S0814B1593 - 14 -
1 [a] licensed anthracite surface mine [operator] operators; four
2 (4) public members from the Citizens Advisory Council, who shall
3 be appointed by the council; one (1) member shall be a
4 representative of a corporate surety which issues reclamation
5 bonds in Pennsylvania; two (2) members, one (1) from the
6 Anthracite and Bituminous Licensed Professional Engineers and
7 one (1) from the County Conservation Districts, who shall be
8 appointed by the State Conservation District Commission; four
9 (4) members of the General Assembly, two (2) from the Senate,
10 one (1) member from the majority party and one (1) member from
11 the minority party, who shall be appointed by the President pro
12 tempore, and two (2) from the House of Representatives, one (1)
13 from the majority party and one (1) from the minority party, who
14 shall be appointed by the Speaker of the House of
15 Representatives.
16 (2) The secretary shall [chair the Mining and Reclamation
17 Advisory Board and] appoint the members from the coal industry,
18 the member representing the corporate surety and the member from
19 the Anthracite and Bituminous Licensed Professional Engineers.
20 (3) All members shall be appointed for a term of two (2)
21 years, except that one-half of the initial members shall serve
22 for three (3) years. Board members shall not receive a salary,
23 but shall be reimbursed for all necessary expenses incurred in
24 the performance of their duties.
25 (4) [The board shall meet at times fixed by the secretary
26 but not less than once per year. The Mining and Reclamation
27 Advisory Board shall replace the Mining Advisory Committee and
28 any other committee construed to be advisory for matters
29 herein.] All actions of the board shall be by majority vote. The
30 board shall meet upon the call of the secretary, but not less
19890S0814B1593 - 15 -
1 than quarterly, to carry out its duties under this act. The
2 board shall select from among its members a chairman and such
3 other officers as it deems appropriate.
4 (5) The board shall prepare an annual report on its
5 activities and submit the report to the Senate Environmental
6 Resources and Energy Committee and the House [Mines and Energy
7 Management] Conservation Committee.
8 (6) The department shall consult with the board in the
9 formulation, drafting and presentation of all regulations
10 promulgated under this act. The board shall be given a
11 reasonable opportunity to review and comment on all regulations
12 promulgated under this act prior to submission of such
13 regulations to the Environmental Quality Board for proposed and
14 final consideration. The written report of the board shall be
15 provided to the Environmental Quality Board with any regulatory
16 proposal and final rulemaking. The chairman of the board shall
17 be invited to participate in the presentation of all regulations
18 promulgated under this act before the Environmental Quality
19 Board and to present the board's written report and answer
20 questions about its content. Nothing in this subsection shall
21 preclude any member of the board from filing a petition for
22 rulemaking with the Environmental Quality Board in accordance
23 with procedures established by the Environmental Quality Board.
24 * * *
25 Section 4 6. (a) The sum of $50,000 is hereby appropriated <--
26 to the Department of Environmental Resources for immediate
27 deposit into the Emergency Bond Fund to provide additional funds
28 for loans to qualified anthracite deep mine operators for bonds
29 required to obtain mining permits.
30 (b) The sum of $100,000 is hereby appropriated to the
19890S0814B1593 - 16 -
1 Department of Environmental Resources for immediate deposit into
2 the Emergency Bond Fund to provide additional funds for loans to
3 qualified anthracite surface mine operators for bonds required
4 to obtain mining permits.
5 (c) The sum of $5,000,000, or as much thereof as may be
6 necessary, is hereby appropriated to the Pennsylvania Remining
7 Fund for the fiscal year July 1, 1989, to June 30, 1990. <--
8 (d) The sum of $500,000, or as much thereof as may be
9 necessary, is hereby appropriated to the Department of
10 Environmental Resources for the fiscal year July 1, 1989, to <--
11 June 30, 1990, for the Remining Operators' Assistance Program.
12 Section 5. This act shall take effect in 60 days. <--
13 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
14 (1) SECTION 6 SHALL TAKE EFFECT ON JULY 1, 1990.
15 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
16 DAYS.
A20L52RDG/19890S0814B1593 - 17 -