PRINTER'S NO. 2952
No. 2214 Session of 1990
INTRODUCED BY TIGUE, CAWLEY, GEORGE, HASAY, BLAUM, STISH,
STABACK, SERAFINI, BELARDI, CAPPABIANCA AND JAROLIN,
JANUARY 2, 1990
REFERRED TO COMMITTEE ON CONSERVATION, JANUARY 2, 1990
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," empowering certain
7 municipalities to enact restrictions on the use of explosives
8 in certain operations.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 4.2(b) of the act of May 31, 1945
12 (P.L.1198, No.418), known as the Surface Mining Conservation and
13 Reclamation Act, amended October 10, 1980 (P.L.835, No.155), is
14 amended to read:
15 Section 4.2. General Rule Making; Health and Safety.--* * *
16 (b) [The] (1) Except as limited by (2), the use of
17 explosives for the purpose of blasting in connection with
18 surface mining shall be done in accordance with regulations
19 promulgated by and under the supervision of the secretary. These
20 regulations shall include but not be limited to provisions
1 relating to public notice, blasting schedules, monitoring and
2 record-keeping, prevention of injury, prevention of damage to
3 property outside the permit area, prevention of adverse impacts
4 upon any underground mine, prevention of any change in the
5 course, channel, or availability of ground or surface water
6 outside the permit area, pre-blast surveys and certification of
7 blasting personnel. Precautions shall be taken when blasting in
8 close proximity to any underground mine. Blasting shall be
9 conducted in such a manner as to protect the health and safety
10 of persons working underground or to prevent any adverse impact
11 upon an active, inactive or abandoned underground mine. It shall
12 be unlawful for any blaster to leave a working place after a
13 task completion without first filing a report with the mine
14 operator known as a blaster's report. Such report shall indicate
15 the nature of the blasting operation, including, but not limited
16 to, the type and amount of explosives used.
17 (2) A city, borough, town, township or home-rule
18 municipality other than a county, shall have the power and may
19 enact ordinances or resolutions which regulate the use of
20 explosives in surface mining operations which are located over
21 or near underground mines and within one mile of any occupied
22 residential or commercial building. Notwithstanding compliance
23 with all department requirements, any such ordinance or
24 resolution may impose liability on the owner and operator of the
25 surface mine for any damages occurring to any residential or
26 commercial building within one mile of the surface mine as a
27 result of the use of explosives.
28 * * *
29 Section 2. Section 17.1 of the act is repealed insofar as it
30 is inconsistent with the provisions of section 4.2(b).
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1 Section 3. This act shall take effect in 60 days.
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