PRINTER'S NO. 143
No. 143 Session of 1989
INTRODUCED BY BELL, JANUARY 23, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
JANUARY 23, 1989
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," creating the Department of
21 Mines, Minerals, Forests and Waters and defining its
22 functions, powers and duties; transferring certain functions,
23 powers and duties heretofore performed by the Department of
24 Environmental Resources; transferring certain boards and
25 commissions; making editorial changes; and repealing
26 inconsistent acts.
27 The General Assembly of the Commonwealth of Pennsylvania
28 hereby enacts as follows:
29 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
1 No.175), known as The Administrative Code of 1929, amended
2 December 30, 1984 (P.L.1299, No.245) and repealed in part May
3 26, 1988 (P.L.414, No.72), is amended to read:
4 Section 201. Executive Officers, Administrative Departments
5 and Independent Administrative Boards and Commissions.--The
6 executive and administrative work of this Commonwealth shall be
7 performed by the Executive Department, consisting of the
8 Governor, Lieutenant Governor, Secretary of the Commonwealth,
9 Attorney General, Auditor General, State Treasurer, and
10 Secretary of Education; by the Executive Board, and the
11 Pennsylvania State Police; by the following administrative
12 departments: Department of State, Office of Attorney General,
13 Department of Corrections, Department of the Auditor General,
14 Treasury Department, Department of Education, Department of
15 Military Affairs, Insurance Department, Department of Banking,
16 Department of Agriculture, Department of Transportation,
17 Department of Health, Department of Labor and Industry,
18 Department of Aging, Department of Public Welfare, Department of
19 General Services, Department of Revenue, Department of Commerce,
20 Department of Community Affairs [and], Department of
21 Environmental Resources and Department of Mines, Minerals,
22 Forests and Waters; and by the following independent
23 administrative boards and commissions: Pennsylvania Game
24 Commission, Pennsylvania Fish Commission, State Civil Service
25 Commission, Pennsylvania Public Utility Commission and the
26 Pennsylvania Securities Commission.
27 All of the provisions of this act, which apply generally to
28 administrative departments, or generally except to the
29 Department of the Auditor General, the Treasury Department and
30 the Office of Attorney General, shall apply to the Executive
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1 Board and to the Pennsylvania State Police.
2 Section 2. As much as applies to the Department of
3 Environmental Resources in section 202 of the act is amended and
4 the section is amended by adding before the last paragraph a new
5 clause to read:
6 Section 202. Departmental Administrative Boards,
7 Commissions, and Offices.--The following boards, commissions,
8 and offices are hereby placed and made departmental
9 administrative boards, commissions, or offices, as the case may
10 be, in the respective administrative departments mentioned in
11 the preceding section, as follows:
12 * * *
13 In the Department of Environmental Resources,
14 Environmental Quality Board,
15 Environmental Hearing Boards[,].
16 [State Board for Certification of Sewage
17 Treatment and Waterworks Operators,
18 State Soil and Water Conservation Commission,
19 Anthracite Mine Inspectors, Bituminous Mine Inspectors.]
20 In the Department of Mines, Minerals, Forests and Waters,
21 State Board for Certification of Sewage Treatment
22 and Waterworks Operators,
23 State Soil and Water Conservation Commission,
24 Anthracite Mine Inspectors, Bituminous Mine Inspectors.
25 All of the foregoing departmental administrative boards and
26 commissions shall be organized or reorganized as provided in
27 this act.
28 Section 3. Sections 206 and 207.1(d)(1) of the act, amended
29 December 30, 1984 (P.L.1299, No.245), are amended to read:
30 Section 206. Department Heads.--Each administrative
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1 department shall have as its head an officer who shall, either
2 personally, by deputy, or by the duly authorized agent or
3 employe of the department, and subject at all times to the
4 provisions of this act, exercise the powers and perform the
5 duties by law vested in and imposed upon the department.
6 The following officers shall be the heads of the
7 administrative departments following their respective titles:
8 Secretary of the Commonwealth, of the Department of State;
9 Auditor General, of the Department of the Auditor General;
10 State Treasurer, of the Treasury Department;
11 Attorney General, of the Office of Attorney General;
12 Secretary of Education, of the Department of Education;
13 Adjutant General, of the Department of Military Affairs;
14 Insurance Commissioner, of the Insurance Department;
15 Secretary of Banking, of the Department of Banking;
16 Secretary of Agriculture, of the Department of Agriculture;
17 Secretary of Transportation, of the Department of
18 Transportation;
19 Secretary of Health, of the Department of Health;
20 Secretary of Labor and Industry, of the Department of Labor
21 and Industry;
22 Secretary of Aging, of the Department of Aging;
23 Secretary of Public Welfare, of the Department of Public
24 Welfare;
25 Secretary of Revenue, of the Department of Revenue;
26 Secretary of Commerce, of the Department of Commerce;
27 Secretary of Community Affairs, of the Department of
28 Community Affairs;
29 Secretary of Environmental Resources, of the Department of
30 Environmental Resources;
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1 Secretary of General Services, of the Department of General
2 Services;
3 Secretary of Corrections, of the Department of Corrections[.];
4 Secretary of Mines, Minerals, Forests and Waters of the
5 Department of Mines, Minerals, Forest and Waters.
6 Section 207.1. Gubernatorial Appointments.--* * *
7 (d) The Governor shall nominate in accordance with the
8 provisions of the Constitution of the Commonwealth of
9 Pennsylvania and, by and with the advice and consent of a
10 majority of the members elected to the Senate appoint persons to
11 fill the following positions:
12 (1) The Secretary of Education, the Secretary of the
13 Commonwealth, the Adjutant General, the Insurance Commissioner,
14 the Secretary of Banking, the Secretary of Agriculture, the
15 Secretary of Transportation, the Secretary of Health, the
16 Commissioner of the State Police, the Secretary of Corrections,
17 the Secretary of Labor and Industry, the Secretary of Aging, the
18 Secretary of Public Welfare, the Secretary of General Services,
19 the Secretary of Revenue, the Secretary of Commerce, the
20 Secretary of Community Affairs [and], the Secretary of
21 Environmental Resources and the Secretary of Mines, Minerals,
22 Forests and Waters.
23 * * *
24 Section 4. Sections 438, 473, 474 and 514(a) of the act,
25 amended or added December 3, 1970 (P.L.834, No.275), are amended
26 to read:
27 Section 438. Mine Inspectors.--There shall be as many
28 anthracite mine inspectors, and as many bituminous mine
29 inspectors, as may now or hereafter be provided by law. All such
30 mine inspectors shall be appointed, respectively, from among
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1 persons holding valid certificates of qualification issued by
2 the [Department of Environmental Resources] Department of Mines,
3 Minerals, Forests and Waters.
4 The manner of appointing mine inspectors, their
5 qualifications, and their terms of office, shall be as may now
6 or hereafter be provided by law.
7 Section 473. State Board for Certification of Sewage
8 Treatment Plant and Waterworks Operators.--The State Board for
9 Certification of Sewage Treatment Plant and Waterworks Operators
10 shall consist of the Secretary of [Environmental Resources]
11 Mines, Minerals, Forests and Waters, or his representative, and
12 five additional members [of] to be appointed by the Governor.
13 One member shall be an employe of a municipality or
14 municipality authority which operates a sewage treatment plant,
15 water treatment plant or water distribution system or a
16 representative of a State association of municipalities or
17 municipality authorities.
18 One member shall be an individual qualified under this act to
19 operate any water treatment plant.
20 One member shall be the owner or official of a privately
21 owned waterworks.
22 One member shall be an individual qualified under this act to
23 operate any sewage treatment plant.
24 One member shall be on the teaching staff of the civil or
25 sanitary engineering department of an accredited Pennsylvania
26 university or college.
27 The original appointed members of the board, in the order
28 listed above, shall hold office for one, two, three and four
29 years respectively. Thereafter, each appointment shall be for a
30 period of four years duration. The Governor may reappoint board
19890S0143B0143 - 6 -
1 members for successive terms. Members of the board shall remain
2 in office until a successor is appointed and qualified. If
3 vacancies occur prior to completion of a term the Governor shall
4 appoint another member in accordance with this section to fill
5 the unexpired term.
6 The present members of the board shall continue to be members
7 subject to the other provisions of this section except that the
8 [Secretary of Environmental Resources] Secretary of Mines,
9 Minerals, Forests and Waters shall replace the [Secretary of
10 Health] Secretary of Environmental Resources. A chairman and
11 secretary of the board shall be elected annually. Four members
12 of the board shall constitute a quorum. Meetings may be called
13 by the chairman as needed to conduct the business of the board.
14 The members of the board shall receive no compensation for
15 their service but shall be reimbursed for actual and necessary
16 expenses incurred in the performance of their duties.
17 Section 474. State Soil Conservation Commission.--The State
18 Soil Conservation Commission shall consist of the Secretary of
19 [Environmental Resources,] Mines, Minerals, Forests and Waters
20 who shall be the chairman, the Secretary of Agriculture, the
21 Dean of the College of Agriculture of The Pennsylvania State
22 University, and four former members, who shall be farmers, to be
23 appointed by the Governor from a list of eight nominees
24 submitted by the association known as "Pennsylvania State
25 Council of Farm Organizations." Two urban members of the
26 commission shall also be appointed to the commission by the
27 Governor. In the event, however, that said association shall
28 fail to make and submit to the Governor, nominations to fill
29 vacancies, the Governor may appoint any citizens of Pennsylvania
30 to fill such vacancies. The State Conservationist of the Soil
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1 Conservation Service, United States Department of Agriculture
2 and the Director of Agriculture and Home Economics Extension of
3 The Pennsylvania State University shall be associate, nonvoting
4 members of the commission. The commission shall keep a record of
5 its official actions, and may perform such acts and promulgate
6 such rules and regulations as may be necessary, and employ such
7 personnel as needed for the execution of its function under this
8 act. A majority of the voting members shall constitute a quorum
9 and all decisions of the commission shall require a concurrence
10 of the voting members of the commission.
11 The farmer and urban members of the commission shall be
12 appointed for a period of four years and shall hold office until
13 their successors have been appointed and have qualified. The
14 four farmer members' terms shall be so staggered that one
15 member's term shall expire each year while the two urban
16 members' terms shall be so staggered that one member's term
17 shall expire every second year. At the expiration of their terms
18 of office, or in the event of vacancies through death,
19 resignation or otherwise, new farmer or urban members shall be
20 appointed in the manner set forth in paragraph one of this
21 section. A majority of the commission shall constitute a quorum
22 and all decisions shall require the concurrence of a majority of
23 the commission. All members of the commission shall be entitled
24 to their actual and necessary expenses including traveling
25 expenses incurred in the discharge of their duties. The
26 commission shall provide for the execution of surety bonds for
27 all employes and officers who shall be entrusted with funds or
28 property of the commission and shall provide for the keeping of
29 a full and accurate record of all proceedings and of all
30 resolutions, regulations and orders issued or adopted.
19890S0143B0143 - 8 -
1 Section 514. Sale of Real Estate and Grants of Rights of Way
2 or Other Rights Over or in Real Estate; Tapping Water Lines of
3 Institutions and Sanatoria.--(a) Except as otherwise in this
4 act expressly provided, a department, board, or commission,
5 shall not sell or exchange any real estate belonging to the
6 Commonwealth, or grant any easement, right of way, or other
7 interest over or in such real estate, without specific authority
8 from the General Assembly so to do, but a department, board, or
9 commission may, with the approval of the Governor, grant a
10 license to any public service corporation to place upon, in, or
11 over, any dry or submerged land or bridge of or maintained by
12 the Commonwealth, any public service line, if such line will
13 enable any State building or State institution to receive better
14 service, or if such line is necessary for the service of the
15 public and it is necessary or reasonably required to cross the
16 Commonwealth's land to afford such service or if the running of
17 such line over a bridge will be more economical than the
18 erection of a separate bridge for the line. Every such license
19 shall be revocable for reasonable cause upon six months' written
20 notice by the Commonwealth, and also after like notice for
21 violation of such proper terms and conditions as the department,
22 board, or commission, with the approval of the Governor, shall
23 prescribe when the license issues. Unless any such line is
24 primarily for the benefit of a State building or State
25 institution, the license shall provide for the payment to the
26 Commonwealth of compensation for the use of its property in such
27 amount as the department, board, or commission granting it
28 shall, with the approval of the Governor, prescribe.
29 But nothing herein contained shall authorize the Commonwealth
30 to impose and collect from any municipality or township any
19890S0143B0143 - 9 -
1 compensation for a license granted to such municipality or
2 township for the running of a public service line over any such
3 bridge.
4 This section shall be deemed the exclusive system for the
5 granting of licenses, consents and permits to place public
6 service lines upon, in or over any dry or submerged lands of the
7 Commonwealth. In the case of submerged lands such licenses shall
8 be granted only by the Department of [Environmental Resources]
9 Mines, Minerals, Forests and Waters, and the permit shall
10 prescribe such terms and conditions as shall be deemed necessary
11 by the board to protect the interests of the public. In the case
12 of dry lands, licenses shall be issued by the department, board
13 or commission having the management of such lands.
14 * * *
15 Section 5. Section 607-A of the act, added July 1, 1981
16 (P.L.143, No.48), is amended to read:
17 Section 607-A. Department of Environmental Resources.--The
18 Department of Environmental Resources is authorized to charge
19 fees for the following purposes and in the following amounts:
20 (1) Eating and drinking places:
21 (i) New establishments
22 (A) New establishments that
23 are owner operated with
24 a seating capacity of
25 less than 50.................... $ 30.00
26 (B) All other new establish-
27 ments........................... 100.00
28 (ii) Renewal or change of ownership...... 30.00
29 (iii) Duplicate license for each addi-
30 tional business location........... 5.00
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1 (iv) Temporary license................... 1.00
2 [(2) Certification of sewage and water treatment
3 plant operators:
4 (i) Initial license...................... 20.00
5 (ii) Annual license renewal.............. 3.00
6 (3) Mines, anthracite:
7 (i) Examination fee for mine foreman,
8 assistant mine foreman and mine
9 examiner............................. 25.00
10 (ii) Certification fee for mine foreman,
11 assistant mine foreman and mine
12 examiner............................ 25.00
13 (iii) Duplicate certificate.............. 1.00
14 (iv) Miner's certificate................. 5.00
15 (4) Mines, bituminous:
16 (i) Examination fee for mine foreman,
17 assistant mine foreman and mine
18 examiner............................. 25.00
19 (ii) Certification fee for mine foreman,
20 assistant mine foreman and mine
21 examiner............................ 25.00
22 (iii) Examination fee for mine electrician 15.00
23 (iv) Certification fee for mine electrician 15.00
24 (v) Miner's certificate.................. 5.00
25 (5) Water and related matters:
26 (i) Public water supply surface Fee to be set
27 water allocation permit. by regulation
28 of department
29 to reimburse
30 costs of admin-
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1 istering the
2 act of June 24,
3 1939 (P.L.842,
4 No.365)
5 (ii) Water sample bacteriological
6 examination/per sample.............. 10.00
7 (homeowner water bottle program)
8 (iii) Water well driller's license....... 60.00
9 (iv) Water well driller rig fee on a
10 per rig basis....................... 20.00]
11 Section 6. The act is amended by adding a section to read:
12 Section 607.1-A. Department of Mines, Minerals, Forests and
13 Waters.--The Department of Mines, Minerals, Forests and Waters
14 is authorized to charge fees for the following purposes and in
15 the following amounts:
16 (1) Certification of sewage and water treatment plant
17 operators:
18 (i) Initial license...................... $20.00
19 (ii) Annual license renewal.............. 3.00
20 (2) Mines, anthracite:
21 (i) Examination fee for mine foreman,
22 assistant mine foreman and mine
23 examiner............................. 25.00
24 (ii) Certification fee for mine foreman,
25 assistant mine foreman and mine
26 examiner............................ 25.00
27 (iii) Duplicate certificate.............. 1.00
28 (iv) Miner's certificate................. 5.00
29 (3) Mines, bituminous:
30 (i) Examination fee for mine foreman,
19890S0143B0143 - 12 -
1 assistant mine foreman and mine
2 examiner............................. 25.00
3 (ii) Certification fee for mine foreman,
4 assistant mine foreman and mine
5 examiner............................ 25.00
6 (iii) Examination fee for mine electrician 15.00
7 (iv) Certification fee for mine electrician 15.00
8 (v) Miner's certificate.................. 5.00
9 (4) Water and related matters:
10 (i) Public water supply surface Fee to be set
11 water allocation permit. by regulation
12 of department
13 to reimburse
14 costs of admin-
15 istering the
16 act of June 24,
17 1939 (P.L.842,
18 No.365)
19 (ii) Water sample bacteriological
20 examination/per sample.............. 10.00
21 (homeowner water bottle program)
22 (iii) Water well driller's license....... 60.00
23 (iv) Water well driller rig fee on a
24 per rig basis....................... 20.00
25 Section 7. Section 712(b) of the act, amended December 3,
26 1970 (P.L.834, No.275), is amended to read:
27 Section 712. The Pennsylvania State Police Force.--The
28 various members of the Pennsylvania State Police are hereby
29 authorized and empowered:
30 * * *
19890S0143B0143 - 13 -
1 (b) To act as game protectors, and as forest, fish, or fire
2 wardens, and for the better performance of such duties[,]:
3 (1) Seize all guns, boats, decoys, traps, dogs, game, fish,
4 shooting paraphernalia, or hunting or fishing appliances or
5 devices, used, taken, or had in possession, contrary to the laws
6 of this State. Any article so seized shall be held subject to
7 such disposition as the Executive Director of the Pennsylvania
8 Fish Commission or the Executive Director of the Pennsylvania
9 Game Commission or the Secretary of [Environmental Resources]
10 Mines, Minerals, Forests and Waters may respectively determine.
11 (2) Seize and take possession of all birds, animals, or
12 fish, which have been taken, caught or killed, or had in
13 possession, or under control, or which have been shipped, or are
14 about to be shipped, contrary to any law of this State.
15 (3) Search without warrant any boat, conveyance, vehicle or
16 receptacle, when there is good reason to believe that any law
17 has been violated, the enforcement or administration of which is
18 imposed on or vested in the Pennsylvania Fish Commission or the
19 Pennsylvania Game Commission or in the Department of
20 [Environmental Resources] Mines, Minerals, Forests and Waters.
21 (4) Serve subpoenas issued before any examination,
22 investigation, or trial had pursuant to any law as aforesaid.
23 (5) Purchase game or fish for the purpose of securing
24 evidence.
25 Section 8. Section 1901-A of the act is repealed insofar as
26 it is inconsistent with this act.
27 Section 9. Sections 1902-A, 1903-A, 1904-A, 1905-A(a) and
28 (b)(1)(ii) and (iii), 1906-A, 1907-A, 1908-A, 1909-A, 1910-A,
29 1911-A, 1912-A, 1913-A, 1914-A, 1915-A, 1916-A, 1918-A, 1920-
30 A(f), (g) and (i), 1923-A, 1925-A and 1928-A of the act are
19890S0143B0143 - 14 -
1 repealed.
2 Section 10. The act is amended by adding an article to read:
3 ARTICLE XIX-B
4 POWERS AND DUTIES OF THE DEPARTMENT OF
5 MINES, MINERALS, FORESTS AND WATERS
6 Section 1901-B. Powers and Duties in General.--The
7 Department of Mines, Minerals, Forests and Waters shall, subject
8 to any inconsistent provision contained in this act, continue to
9 exercise the powers and perform such duties heretofore vested in
10 and imposed upon the Department of Environmental Resources as
11 hereinafter set forth.
12 Section 1902-B. Forest Powers and Duties.--The Department of
13 Mines, Minerals, Forests and Waters shall have the power and its
14 duty shall be:
15 (1) To acquire, in the name of the Commonwealth, by
16 purchase, gift, lease, or condemnation, and hold as State
17 forests, subject to the conditions of any such lease and subject
18 to such reservations, if any, of mineral rights, stumpage
19 rights, rights-of-way, or other encumbrances, as the department
20 deems to be consistent with such holding, any lands, including
21 tax delinquent lands, which, in the judgment of the department,
22 the Commonwealth should hold, manage, control, protect,
23 maintain, utilize and regulate as State forests or for
24 reforestation, and adding to and extending the existing State
25 forests for the purpose of lessening soil erosion and silting up
26 of reservoirs; control the flow of streams and extinguish
27 interior holdings; or for the establishment and maintenance of
28 fire observation towers and stations, and such adjoining lands
29 as may be deemed necessary to control, maintain, and develop
30 such towers and stations, and to furnish access to them. The
19890S0143B0143 - 15 -
1 purchase price of any such lands shall not exceed ten dollars
2 ($10) per acre, except such as are acquired for fire observation
3 tower and station purposes, except the price paid for interior
4 holdings and farms and marginal farms along State forest lands,
5 which shall not exceed twenty dollars ($20) per acre. The amount
6 expended for the acquisition of lands for State forest purposes,
7 in any annual appropriation period, shall not exceed the
8 appropriation for that purpose for such period, and the amount
9 expended for other land acquisitions shall not exceed
10 appropriations made for such purposes.
11 (2) To purchase and hold, as State forests, unseated,
12 vacant, or unappropriated lands, lands advertised for sale for
13 taxes, and lands sold for taxes, as may now or hereafter be
14 provided by law.
15 (3) To hold, manage, control, protect, maintain, utilize,
16 develop, and regulate the occupancy and use of all lands,
17 heretofore or hereafter acquired, owned, leased and maintained
18 as State forests for reforestation, for extending existing State
19 forests, for the purpose of lessening soil erosion, the silting
20 up of reservoirs, to control stream flow, and to extinguish
21 interior holdings, and for fire observation tower and station
22 purposes, together with the resources thereof.
23 (4) To divide the State into such convenient forest
24 districts as it deems economical and effective; to administer,
25 protect, develop, utilize and regulate the occupancy and use of
26 the lands and resources of the State forests, to protect all
27 forest land in the State from forest fires, fungi, insects and
28 other enemies; to promote and develop forestry and knowledge of
29 forestry throughout the State; to advise and assist landowners
30 in the planting of forest and shade trees; to obtain and publish
19890S0143B0143 - 16 -
1 information respecting forest lands and forestry in the State;
2 to assist in Arbor Day work; and promote and advance any other
3 activity in local forestry which the department may deem helpful
4 to the public interest; and to execute the rules and regulations
5 of the department for the protection of forests from fire and
6 depredation. It may also assign district foresters to take
7 active charge of such forest districts, and also foresters,
8 forest rangers and other help, for the administration of such
9 forest districts, as the secretary may deem necessary, for the
10 accomplishment throughout the State of the purposes for which
11 the department is established.
12 (5) To cooperate with the authorities of townships, boroughs
13 and cities of this Commonwealth in the acquisition and
14 administration of municipal forests, as may now or hereafter be
15 provided by law.
16 (6) Whenever it shall appear that the welfare of the
17 Commonwealth with reference to reforesting, and the betterment
18 of the State forests with respect to control, management,
19 protection, utilization, development, and regulation of their
20 occupancy and use, will be advanced by selling or disposing of
21 and of the timber on the State forests, to dispose of such
22 timber on terms most advantageous to the State: Provided, That
23 the department is authorized and directed to set aside, within
24 the State forests, unusual or historical groves of trees, or
25 natural features, especially worthy of permanent preservation,
26 to make the same accessible and convenient for public use, and
27 to dedicate them in perpetuity to the people of the State for
28 their recreation and enjoyment. And the said department is
29 hereby empowered to make and execute contracts or leases, in the
30 name of the Commonwealth, for the mining or removal of any
19890S0143B0143 - 17 -
1 valuable minerals that may be found in said State forests, or of
2 oil and gas beneath those waters of Lake Erie owned by the
3 Commonwealth, or of oil and gas beneath the land of Woodville
4 State Hospital owned by the Commonwealth, whenever it shall
5 appear to the satisfaction of the department that it would be
6 for the best interests of the State to make such dispositions of
7 said minerals: And provided further, That any proposed contracts
8 or leases of valuable minerals, exceeding one thousand dollars
9 ($1,000) in value, shall have been advertised once a week for
10 three weeks in at least two newspapers published nearest the
11 locality indicated in advance of awarding such contract or
12 lease. Such contracts or leases may then be awarded to the
13 highest and best bidder, who shall give bond for the proper
14 performance of the contract as the department shall designate:
15 Provided, however, That where the Commonwealth owns a fractional
16 interest in the oil, natural gas and other minerals under State
17 forest lands, the requirement of competitive bidding may be
18 waived and the department may enter into a contract to lease
19 that fractional interest, with the approval of the Governor and
20 upon such terms and conditions as the department deems to be in
21 the best interest of the Commonwealth.
22 (7) To appoint and, with the approval of the Governor, fix
23 the compensation of a chief forest fire warden and such district
24 forest fire wardens, and to appoint and fix the compensation of
25 such local forest fire wardens and other assistants as shall be
26 required for the prevention, control and extinction of forest
27 fires.
28 (8) To establish and administer auxiliary forest reserves,
29 in the manner and under such terms and conditions as may now or
30 hereafter be provided by law.
19890S0143B0143 - 18 -
1 (9) To distribute young forest trees, shrubs and vines, as
2 provided by law, to those desiring to plant them.
3 (10) To furnish information and issue certificates and
4 requisitions necessary for the payment of such fixed charges, in
5 lieu of taxes on State forests and auxiliary forest reserves, to
6 school districts, road districts and counties, as may now or
7 hereafter be provided by law.
8 (11) To sell or exchange State forest land, as provided by
9 law, whenever it shall be to the advantage of the State forest
10 interests: Provided, That such action has been approved by the
11 Governor.
12 (12) To set aside, when, in the judgment of the department,
13 it is deemed necessary, for exclusive use for parks, parkways,
14 and other places of scientific, scenic, historic or wildlife
15 interest, any State-owned lands which are now or which may
16 hereafter be under the jurisdiction of the department.
17 (13) The department shall, with the approval of the
18 Governor, have the authority to enter into agreements with
19 owners or lessees or property of property rights located in the
20 same area as lands owned or leased by the Commonwealth, for the
21 protection, preservation or recovery of metallic or nonmetallic
22 ore, fuel, oil, natural gas or any other mineral deposits
23 underlying said lands, provided the said deposits are owned by
24 the Commonwealth.
25 (14) The net receipts, arising out of the occupancy and use
26 of the State forests hereunder, shall be paid into the State
27 Treasury, through the Department of Revenue, and shall belong to
28 and form part of the State Forests and Waters Fund.
29 Section 1903-B. Forest Powers; Lease of Small Areas of State
30 Forests.--The Department of Mines, Minerals, Forests and Waters
19890S0143B0143 - 19 -
1 shall have the power:
2 (1) To lease, for a period not exceeding ten years, on such
3 terms and conditions as it may consider reasonable, to any
4 person, corporation, association, church organization or school
5 board of Pennsylvania, such portion of any State forest, whether
6 owned or leased by the Commonwealth, as the department may deem
7 suitable, as a site for buildings and facilities to be used by
8 such person, corporation, association, church organization or
9 school board for health and recreation, or as a site for a
10 church or school purposes: Provided, however, That the
11 department may, with the approval of the Governor, if a
12 substantial capital investment is involved and if it is deemed
13 in the best interests of the Commonwealth, enter into such
14 leases for a period not to exceed thirty-five years. The
15 department shall not terminate the lease of a person whose cabin
16 has been destroyed or seriously damaged by fire, storm, flood or
17 other natural causes and shall permit the rebuilding of such
18 cabin. The department shall permit persons holding leases to
19 renovate or make additions to existing cabins with the approval
20 of the department.
21 (2) To lease, for not more than ten years, small areas in
22 State forests, whether owned or leased by the Commonwealth,
23 deemed by it to be better suited for the growing of other crops
24 than for the growing of forest trees. If more than one person
25 shall apply for the same tract, the lease shall be advertised
26 for sale in three local county papers, if there be so many, once
27 a week for three weeks, and may then be awarded to the highest
28 responsible bidder, but the department may nevertheless reject
29 any or all bids. Upon the termination of any such lease, the
30 lessee may remove buildings and fences placed thereon at his own
19890S0143B0143 - 20 -
1 expense, or the same may be purchased by the lessor as a part of
2 the permanent improvement of the tract, upon such terms as may
3 be agreed upon by the department and the lessee.
4 (3) To grant rights-of-way through State forests, to
5 individuals or corporations who may apply therefor, when it
6 shall appear to the department that the grant of a right-of-way
7 will not so adversely affect the land as to interfere with its
8 usual and orderly administration, and when it shall appear that
9 the interests of the Commonwealth or its citizens will be
10 promoted by such grant. Right-of-way, as used in this
11 subsection, is hereby construed to include rights of passage and
12 haulage for any lawful purpose, also rights of flowage or
13 transmission for any lawful purpose.
14 (4) To give to street railway companies, duly incorporated
15 under the laws of this Commonwealth, upon such terms and subject
16 to such restrictions and regulations as the department may deem
17 proper, the privilege to construct, maintain and operate their
18 lines of railway over, along and upon public highways now laid
19 out and in actual use, which lie within or border on any State
20 forests, whenever the interests of the Commonwealth will be
21 benefited thereby.
22 (5) To give to boroughs and other municipalities of this
23 Commonwealth, upon such terms and subject to such restrictions
24 and regulations as the department may deem proper, the privilege
25 of impounding water upon any State forest and of constructing,
26 maintaining and operating lines of pipes upon and through State
27 forests for the purpose of conveying water therefrom, whenever
28 it shall be to the public interest so to do.
29 (6) In all cases where there are public roads, regularly
30 established, running into or through or bordering upon State
19890S0143B0143 - 21 -
1 forests, from time to time, to expend such reasonable sums for
2 the maintenance, repair or extension of such roads as may be
3 necessary for the proper administration and protection of State
4 forests. All expenses that may thus be incurred shall be paid in
5 the same manner as the other expenses of the department.
6 (7) To enter into cooperative agreements with county,
7 township, municipal and private agencies, for the prevention and
8 suppression of forest fires, as provided by law.
9 (8) To grant to public utility companies, lawfully doing
10 business in this Commonwealth, the privilege to construct,
11 maintain and operate their lines over, along and upon highways
12 and roads which lie within, or border on, any State forests, and
13 to grant right of access by such companies to or through State
14 forest lands, in order to bring public utilities to camps and
15 cottages in State forest lands and in other homes and farms
16 adjacent to State forest lands.
17 (9) To grant to individuals, groups of individuals,
18 associations, firms, partnerships or corporations the privilege
19 to erect, construct, maintain and operate, on and over State
20 owned or leased lands under the jurisdiction of the department,
21 antennas, towers, stations, cables and other devices and
22 apparatus helpful, necessary or required for broadcasting,
23 telecasting, transmission, relaying or reception of television.
24 It may charge for such privilege such rental and damages as the
25 department deems the conditions and circumstances warrant.
26 (10) To lease, with the approval of the Governor, State
27 forest lands for the underground storage of natural gas, upon
28 such terms and conditions as the secretary deems to be in the
29 best interest of the Commonwealth.
30 (11) To lease, with the approval of the Governor, and in
19890S0143B0143 - 22 -
1 cooperation with the Department of Commerce, those State forest
2 lands acquired by gift from The Pennsylvania State University or
3 by acquisition from the Curtiss-Wright Corporation which are
4 located at Quehanna, Pennsylvania, or recovered through the
5 termination of a lease with Curtiss-Wright Corporation relating
6 to Quehanna, Pennsylvania, and upon which are erected certain
7 industrial buildings constructed by the Curtiss-Wright
8 Corporation for industrial or economic development purposes or
9 for nuclear reactor safety zone purposes.
10 Such leases may be made with industrial tenants or nonprofit
11 industrial development corporations. The department in securing
12 tenants shall cooperate fully with the Department of Commerce.
13 Every such lease entered into shall conform in general to the
14 terms of the standard industrial lease used by the department
15 and approved by the Attorney General. Every such lease shall
16 otherwise than as in this act prescribed be upon such terms and
17 conditions as the secretary deems in the best interest of the
18 Commonwealth. However, all paved roads through the Quehanna
19 project shall remain open to the general public use. Any such
20 lease may permit the tenant to alter or expand, at its own
21 expense and with the approval of the department first obtained
22 in writing, existing buildings to meet the requirements of its
23 particular industrial operation. Every such lease shall provide
24 for the deposit of industrial floor space rentals and sewage and
25 water rentals in a restricted receipts fund, from which the
26 department may draw moneys for use in developing, operating and
27 maintaining the water and sewage disposal facilities, and
28 replacing machinery, equipment and fixtures appurtenant thereto,
29 at Quehanna. Said restricted receipts fund shall be audited two
30 years from the effective date of this act and at two-year
19890S0143B0143 - 23 -
1 intervals thereafter, with any residue appearing in said fund at
2 the end of each auditing period to be deposited in the General
3 Fund.
4 (12) In all cases in which a contract is entered into by the
5 department and the other party to the contract is required to
6 post a surety or cash bond or other acceptable security to be
7 held to apply as a credit against any unpaid balances or to
8 carry out any unfulfilled conditions, the moneys of said bonds
9 or securities shall accrue to the benefit of the department in
10 so far as necessary to indemnify said department from all losses
11 caused by failure of the contracting party to pay any balance
12 due or for expenses incurred due to failure of contracting party
13 to department to pay unpaid balances or to fulfill contract
14 conditions shall accrue to the General Fund.
15 Section 1904-B. Waters.--The Department of Mines, Minerals,
16 Forests and Waters shall have the power and its duty shall be:
17 (1) To study, consider and determine upon a public policy
18 with regard to the conservation, marketing and equitable
19 distribution of the water and power to be derived from the
20 utilization of the water resources of the Commonwealth, to the
21 restoration, development and improvement of transportation by
22 water, to the supply of water and power for municipal, domestic
23 and industrial use, and to the conservation of water resources
24 by the aid of forestation.
25 (2) To investigate or examine dams, walls, wing walls,
26 wharves, embankments, abutments, projections, bridges and other
27 water obstructions, determine whether they are unsafe, need
28 repair, alteration or change in their structure or location or
29 should be removed, notify owners to repair, alter or change the
30 structure or location or remove the same, repair, alter or
19890S0143B0143 - 24 -
1 change the structure or location or remove the same in
2 emergencies without notice and at the cost of the owners, and
3 apply for injunctions to enforce compliance with or restrain the
4 violation of the law in regard to the safety of dams or the
5 derogatory effect of walls, wing walls, wharves, embankments,
6 abutments, projections, bridges or other water obstructions upon
7 the regimen of streams, or the violation of any lawful order or
8 notice of the department in regard thereto. The power of the
9 department under this paragraph shall extend to and include all
10 types of water obstructions, regardless of the date when such
11 obstructions were constructed and whether or not the same were
12 constructed by express or implied permission of the
13 Commonwealth, or any agency thereof.
14 (3) To collect such information relative to the existing
15 conditions of the water resources of the State as, in the
16 opinion of the department, shall be necessary for the
17 utilization of waters and for the conservation, purification,
18 development and equitable distribution of water and water power
19 resources and, in particular, for the use of such citizens and
20 communities as may be in need of extended facilities for these
21 purposes.
22 (4) To establish and maintain gauging stations on rivers and
23 their tributaries.
24 (5) To issue bulletins, during freshet and flood conditions,
25 forecasting gauge heights and times thereof.
26 (6) To maintain a complete inventory of all the water
27 resources of the Commonwealth; collect all pertinent data, facts
28 and information in connection therewith; classify, tabulate,
29 record and preserve the same; and, upon the basis thereof,
30 determine the points at which storage reservoirs may be
19890S0143B0143 - 25 -
1 constructed for flood control, for municipal and domestic
2 supply, hydraulic and hydroelectric power, steam raising, steam
3 condensation, navigation, and other utilization; and generally
4 to devise all possible ways and means to conserve and develop
5 the water supply and water resources of the Commonwealth for the
6 use of the people thereof.
7 (7) To construct, maintain and operate works for water
8 storage, flood control, channel improvement or other hydraulic
9 purposes.
10 (8) To acquire by purchase, lease, gift or condemnation,
11 with the approval of the Governor, such land, buildings and
12 appurtenances thereto, as in the judgment of the department, may
13 be necessary for the construction, maintenance, improvement or
14 development of any port or harbor in this Commonwealth.
15 (9) To promulgate rules and regulations to protect, manage
16 and regulate the recreational use of designated whitewater
17 zones; license whitewater outfitters operating within designated
18 whitewater zones; and establish fees, royalties and charges for
19 licenses and for using public lands, waters and facilities.
20 (i) For each specific designated whitewater zone, a license
21 to continue operating as a whitewater rafting outfitter shall be
22 issued by the department to any whitewater rafting outfitter who
23 has provided whitewater rafting services on a designated
24 whitewater zone for a period of five or more years, who has
25 provided those services under formal agreement with the
26 department, who has demonstrated an acceptable measure of
27 compliance with the safety and operational requirements of that
28 agreement and who has provided whitewater rafting services on
29 that designated whitewater zone prior to operation and
30 management of that designated whitewater zone through formal
19890S0143B0143 - 26 -
1 agreement with the department. Each whitewater rafting outfitter
2 presently conducting whitewater rafting trips under agreement
3 with the department shall be deemed to fulfill the foregoing
4 criteria.
5 (ii) Licenses issued by the department to continue to
6 operate as a whitewater rafting outfitter shall be for a period
7 of ten years and shall be renewable under guidelines appropriate
8 and necessary to protect the public health, safety and interest
9 and provide stability to the outfitting industry; shall be
10 transferrable under reasonable guidelines of the department
11 relating to transfer of licenses and required qualifications of
12 transferees; shall include the right to continue to utilize or
13 lease any premises leased before the effective date of this act
14 by a whitewater rafting outfitter from the department or offer
15 to lease such access areas as the department deems appropriate
16 for use by whitewater rafting outfitters; and shall supersede,
17 after the adoption of regulations, any agreement between the
18 department and a whitewater rafting outfitter, except fee
19 agreements in which a whitewater rafting outfitter is required
20 to pay the department a fee, which fee agreements shall continue
21 for the life of the agreement and which shall not preclude the
22 issuance of a license.
23 (iii) The department may, with regard to a specific
24 designated whitewater zone, accept bids, issue licenses and
25 charge fees and royalties for an additional whitewater rafting
26 outfitter only if the department determines that there is
27 additional whitewater rafting outfitter-carrying capacity on the
28 waterway and that there is a need for additional whitewater
29 rafting outfitter allocations. Such licenses shall apply only
30 for that specific designated whitewater zone and only for a
19890S0143B0143 - 27 -
1 period not to exceed ten years.
2 (iv) Licensed whitewater rafting outfitters shall be subject
3 to all appropriate rules, regulations and guidelines promulgated
4 by the department for the purposes of regulating the operation
5 and safety of each designated whitewater zone.
6 (v) Licenses granted by the department may be terminated by
7 the department for noncompliance after a 30-day written notice
8 to the outfitter and a hearing in accordance with Title 2 of the
9 Pennsylvania Consolidated Statutes (relating to administrative
10 law and procedure).
11 Section 1905-B. Cooperation with Municipalities.--(a) The
12 department shall cooperate with municipalities in the
13 construction and completion of projects and improvements for the
14 conservation of water and the control of floods. For this
15 purpose, the department shall have the power to use and expend
16 any funds advanced by municipalities, under authority of law, on
17 the projects and improvements designated, when such funds are
18 advanced, in the same manner as it expends any funds
19 appropriated by the Commonwealth for similar purposes.
20 (b) (1) The Department shall require every applicant for
21 the following permits and permit revisions to give written
22 notice to each municipality in which the activities are located:
23 (i) Water allocation permits applied for pursuant to the act
24 of June 24, 1939 (P.L.842, No.365), entitled "An act relating to
25 the acquisition of rights to divert water from rivers, streams,
26 natural lakes, and ponds, or other surface waters within the
27 Commonwealth or partly within and partly without the
28 Commonwealth; defining various words and phrases; vesting in the
29 Water and Power Resources Board certain powers and authorities
30 for the conservation, control and equitable use of the waters
19890S0143B0143 - 28 -
1 within the Commonwealth in the interests of the people of the
2 Commonwealth; making available for public water supply purposes,
3 water rights heretofore or hereafter acquired but not used;
4 providing for hearings by the Water and Power Resources Board
5 and for appeals from its decisions; fixing fees; granting to all
6 public water supply agencies heretofore or hereafter created the
7 right of eminent domain as to waters and the land covered by
8 said waters; repealing all acts or parts of acts inconsistent
9 herewith, including Act No. 109, Pamphlet Laws 152, approved
10 April 13, 1905, Act No. 307, Pamphlet Laws 455, approved June 7,
11 1907, Act No. 64, Pamphlet Laws 258, approved April 8, 1937."
12 (ii) Water obstruction permits applied for pursuant to the
13 act of November 26, 1978 (P.L. 1375, No. 325), known as the "Dam
14 Safety and Encroachments Act."
15 (2) In the case of written notices sent pursuant to
16 subclauses (i) and (ii), the written notices shall be received
17 by the municipalities at least thirty (30) days before the
18 department may issue or deny the permit.
19 Section 1906-B. Parks.--The Department of Mines, Minerals,
20 Forests and Waters shall have the power, and its duty shall be:
21 (1) To supervise, maintain, improve, regulate, police and
22 preserve all parks belonging to the Commonwealth.
23 (2) For the purpose of promoting healthful outdoor
24 recreation and education, and making available for such use
25 natural areas of unusual scenic beauty, especially such as
26 provide impressive views, waterfalls, gorges, creeks, caves or
27 other unique and interesting features, to acquire, in the name
28 of the Commonwealth, by purchase, gift, lease or condemnation
29 any lands which, in the judgment of the department, should be
30 held, controlled, protected, maintained and utilized as State
19890S0143B0143 - 29 -
1 park lands. Such lands may be purchased or accepted, subject to
2 the conditions of any such lease and subject to such
3 reservations, if any, of mineral rights, rights-of-way or other
4 encumbrances as the department may deem not inconsistent with
5 such holdings: Provided, however, That the amount expended for
6 the acquisition of lands for State park purposes shall not
7 exceed the amount specifically appropriated for such purposes.
8 (3) To see that conveniences and facilities for the
9 transportation, shelter, comfort and education of people shall
10 be so designed and constructed as to retain, so far as may be,
11 the naturalistic appearance of State park areas, surroundings
12 and approaches, and conceal the hand of man as ordinarily
13 visible in urban, industrial and commercial activities.
14 (4) To lease for a period not to exceed ten years, on such
15 terms as may be considered reasonable, to any person,
16 corporation, association or organization of this Commonwealth a
17 portion of any State park, whether owned or leased by the
18 Commonwealth, as may be suitable as a site for buildings and
19 facilities to be used for health, recreational or educational
20 purposes, or for parking areas or concessions for the
21 convenience and comfort of the public; Provided, however, That
22 the department may, with the approval of the Governor, if a
23 substantial capital investment is involved and if it is deemed
24 in the best interests of the Commonwealth, enter into such
25 leases for a period not to exceed thirty-five years.
26 (5) To study, counsel and advise in reference to gifts of
27 lands or money for park purposes.
28 (6) To counsel and advise in reference to the development of
29 park lands by concessionaries with facilities and equipment for
30 the accommodation and education of the public.
19890S0143B0143 - 30 -
1 (7) To appoint and commission persons to preserve order in
2 the State parks, which persons shall have all of the following
3 powers:
4 (a) To make arrests without warrant for all violations of
5 the law which they may witness, and to serve and execute
6 warrants issued by the proper authorities: Provided, however,
7 That in cases of offenses for violation of any of the provisions
8 of the Vehicle Code, the power to make arrests without warrant
9 shall be limited to cases where the offense is designated a
10 felony or a misdemeanor, or in cases causing or contributing to
11 an accident resulting in injury or death to any person.
12 (b) To have all the powers and prerogatives conferred by law
13 upon members of the police force of cities of the first class.
14 (c) To have all the powers and prerogatives conferred by law
15 upon constables of the Commonwealth.
16 (d) To serve subpoenas issued for any examination,
17 investigation or trial had pursuant to any law of the
18 Commonwealth.
19 (8) For the purpose of providing parking facilities and
20 incidental services within the borders of any State park area
21 situate in the City of Philadelphia to lease or grant, by and
22 with the written approval of the Governor, any portion of any
23 such State park area, underground, aboveground or both, to the
24 city or to any parking authority now or hereafter existing in
25 the city, pursuant to the provisions of the act of June 5, 1947
26 (P.L. 458), known as the "Parking Authority Law," as the same
27 may now or hereafter be amended, if:
28 (a) the City of Philadelphia or the parking authority agrees
29 that the lands and interests and privileges therein shall be
30 used by the city or parking authority, or any lessee or sub-
19890S0143B0143 - 31 -
1 lessee holding under either of them, pursuant to any lease or
2 sub-lease granted by the city or parking authority as may be
3 permitted by law, to promote the establishment of parking
4 services and facilities, but portions of the street level or
5 lower floors of the parking facilities may be leased for
6 commercial use, including emergency automobile repair service
7 and the sale by the lessee of any commodity of trade or commerce
8 or any service except the sale of gasoline or automobile
9 accessories; and
10 (b) the department, with the written approval of the
11 Governor, determines that the lease or grant (i) will aid in
12 promoting the public safety, convenience and welfare of the
13 people of Philadelphia by aiding in the establishment of
14 adequate parking services for the convenience of the public and
15 otherwise promoting the public policy of the Commonwealth in
16 authorization for the creation of parking authorities, and (ii)
17 will not unduly interfere with the promotion of those public
18 objects for which the State park area was acquired and for which
19 it is held.
20 Any lease or grant shall be upon the terms and conditions and
21 for the period or periods of time the department, with the
22 written approval of the Governor, may prescribe. The department
23 shall execute and deliver and is empowered to receive deeds or
24 other legal instruments necessary to effectuate any lease or
25 grant. All deeds and instruments shall have the prior approval
26 of the Attorney General, and a copy thereof shall be filed with
27 the Department of Community Affairs.
28 (9) To make and execute contracts or leases in the name of
29 the Commonwealth for the mining or removal of any oil or gas
30 that may be found in a State park whenever it shall appear to
19890S0143B0143 - 32 -
1 the satisfaction of the department that it would be for the best
2 interests of the State to make such disposition of said oil and
3 gas. Any proposed contracts or leases of oil and gas exceeding
4 one thousand dollars ($1,000) in value shall be advertised once
5 a week for three weeks in at least two newspapers published
6 nearest the locality indicated in advance of awarding such
7 contract or lease. Such contracts or leases may then be awarded
8 to the highest and best bidder who shall give bond for the
9 proper performance of the contract as the department shall
10 designate.
11 (10) To grant rights-of-way in and through State parks to
12 municipal authorities and political subdivisions of this
13 Commonwealth for the laying of water lines and of lines for the
14 transportation of sewage to sewage lines or sewage treatment
15 facilities on State park land, under such terms and conditions,
16 including the payment of fees, as the department may deem
17 proper, and when it shall appear that the grant of such right-
18 of-way will not so adversely affect the land as to interfere
19 with its usual and orderly administration and that the interests
20 of the Commonwealth or its citizens will be promoted by such
21 grant.
22 (11) To issue permits under emergency situations, upon such
23 terms and subject to such restrictions, fees and regulations as
24 the department may deem proper, for the utilization of water at
25 a State park and for constructing, maintaining and operating
26 lines of pipe upon and through a State park for the purpose of
27 conveying water therefrom, whenever it shall be in the public
28 interest to do so.
29 Section 1907-B. Pennsylvania State Forest School.--The
30 Department of Mines, Minerals, Forests and Waters shall have the
19890S0143B0143 - 33 -
1 power and its duty shall be:
2 (1) To maintain and operate the Pennsylvania State Forest
3 School at Mont Alto.
4 (2) For that purpose, to employ such instructors, assign
5 such foresters for instruction, and employ such services, as may
6 reasonably be necessary (i) to provide at the school
7 professional education in forestry and maintain a close
8 association of theory and practice, and (ii) to train forest
9 rangers and forest inspectors.
10 (3) With the approval of the Governor, to enter into a
11 cooperative agreement with any State or semi-State educational
12 institution for the joint use of the facilities of the school by
13 such institution and the department as may be deemed advisable
14 by the secretary. Any such agreement shall provide for an
15 equitable division between such institution and the Commonwealth
16 of the cost of operating the school and maintaining and
17 repairing the buildings and equipment used by it.
18 Section 1908-B. Water and Power Resources.--The Department
19 of Mines, Minerals, Forests and Waters shall have the power and
20 its duty shall be:
21 (1) Subject to any inconsistent provisions in this act
22 contained, to continue to exercise the powers and perform the
23 duties by law vested in and imposed upon the Water Supply
24 Commission of Pennsylvania, or in and upon the Water and Power
25 Resources Board, or in and upon the department, with regard to:
26 (a) Applications for charters for corporations for the
27 supply of water for the public or for the supply, storage and
28 transportation of water and water power, for commercial and
29 manufacturing purposes, or for any other water or water power
30 company.
19890S0143B0143 - 34 -
1 (b) Agreements for the merger and consolidation of two or
2 more such corporations heretofore or hereafter formed.
3 (c) The sale, assignment, disposition, transfer and
4 conveyance of the franchises and all the property, real,
5 personal and mixed, or any such corporation, heretofore or
6 hereafter formed, to any other such corporation.
7 (d) Consents or permits for the construction of dams, and
8 other water obstructions, or of any change therein or addition
9 thereto, and consents or permits for changing or diminishing the
10 course, current or cross section, of any stream or body of
11 water.
12 (e) Permits for the condemnation or appropriation of waters,
13 or for the construction of hydraulic works.
14 (f) Applications for new or additional sources of supply of
15 water or water power.
16 (g) Applications by companies for approval of the
17 construction, operation and maintenance of tunnels under
18 navigable rivers, to connect their power to manufacturing
19 plants, with coal lands wherein such companies have coal mining
20 rights.
21 (h) The extension of time fixed by law for the beginning or
22 completion of the construction of the works of water or water
23 power companies, inquiry into the standing of water or water
24 power charters, and as to the due diligence and bona fide intent
25 of water and water power companies to fulfill the requirements
26 of law, and the certification of facts to the Attorney General
27 requesting him to institute quo warranto proceedings.
28 (2) To complete the construction of a dam across the outlet
29 of Pymatuning Swamp, Crawford County, for the purpose of
30 establishing a reservoir and conserving the water entering the
19890S0143B0143 - 35 -
1 swamp, and regulating the flow of water in the Shenango and
2 Beaver Rivers, and, in connection with this project, to acquire,
3 in the name of the Commonwealth, by purchase, condemnation or
4 otherwise, such lands as may be needed.
5 (3) To enter into agreements to sell, lease or otherwise
6 dispose of any iron, coal, limestone, fire-clay, oil, gas and
7 other minerals, except sand and gravel and minerals deposited as
8 silt in pools created by dams, that may be found in or beneath
9 the beds of navigable streams or bodies of water within the
10 Commonwealth and non-navigable streams or bodies of water where
11 the beds thereof are owned by the Commonwealth, on such terms
12 and conditions as the board deems to be in the best interest of
13 the Commonwealth: Provided, however, That any proposed contracts
14 involving more than one thousand dollars ($1,000) shall be
15 awarded to the highest responsible bidder after due
16 advertisement as prescribed by the board. Nothing herein
17 contained shall authorize anyone to interfere with the free
18 navigation of said streams or bodies of water or to undermine
19 the bed thereof or to interfere with the rights of any person or
20 persons holding property on the banks thereof.
21 Section 1909-B. Flood Control.--The Department of Mines,
22 Minerals, Forests and Waters shall have the power and it shall
23 be its duty:
24 (1) To make, or cause to be made, studies, surveys and
25 examinations of local, State or national flood conditions,
26 causes and effects, and prepare, or cause to be prepared,
27 designs, plans and recommendations for bringing flood conditions
28 under adequate and reasonable control and for saving life and
29 property from damage by flood.
30 (2) The department in the performance of its duties may
19890S0143B0143 - 36 -
1 request and shall receive from any State or local agency,
2 department, board, bureau, commission or political subdivision,
3 which has for one of its objects the control of flood waters,
4 such assistance and data as requisite for carrying out the
5 purposes of this law, and the department is hereby authorized to
6 such end, to cooperate in the activities of, and with such State
7 or local agencies, departments, boards, bureaus, commissions and
8 political subdivisions, and to cooperate with the Federal
9 Government or any appropriate agency thereof, in planning or
10 accomplishing an overall long or short-term flood control,
11 either national, local or sectional, and to cooperate with the
12 Congress of the United States in the preparation or presentation
13 of legislation tending to effectuate flood control.
14 Section 1910-B. Power of Forest Officers.--The persons
15 employed, under the provisions of this act, by the Department
16 for the protection of the State forests shall, after taking the
17 proper official oath before the clerk of the court of common
18 pleas of any county of the Commonwealth, be vested with the same
19 powers as are, by existing laws, conferred upon constables and
20 other peace officers, to arrest on view, without first procuring
21 a warrant therefor, persons detected by them in the act of
22 trespassing upon any forest or timber land within this
23 Commonwealth, under such circumstances as to warrant the
24 reasonable suspicion that such person or persons have committed,
25 are committing, or are about to commit any offense or offenses
26 against any of the laws now enacted or hereafter to be enacted
27 for the protection of forests and timber lands. Such officers
28 shall likewise be vested with similar powers of arrest in the
29 case of offenses against the laws or rules and regulations
30 enacted or established, or to be enacted or established, for the
19890S0143B0143 - 37 -
1 protection of the State forests, or for the protection of the
2 fish and game contained therein: Provided, That the above-
3 mentioned rules and regulations shall have been previously
4 conspicuously posted upon the State forests. Said officers shall
5 further be empowered, and it shall be their duty, immediately
6 upon any such arrest, to take and convey the offender or
7 offenders before a justice of the peace or other magistrate
8 having jurisdiction, for hearing and trial or other due process
9 of law: Provided further, That this act shall extend only to the
10 case of offenses committed upon the State forests, and lands
11 adjacent thereto, and the powers herein conferred upon said
12 officers shall not be exercised beyond the limits thereof,
13 except where necessary for the purpose of pursuing and arresting
14 such offenders, or of conveying them into the proper legal
15 custody for punishment as aforesaid.
16 Section 1911-B. Powers of Chief Forest Fire Warden.--The
17 Chief Forest Fire Warden shall, subject to the approval of the
18 secretary have the power, and his duty shall be:
19 (1) To take such measures for the prevention, control and
20 extinction of forest fires, as will assure a reasonable
21 protection from fire to woodlots, forest and wild land within
22 the Commonwealth.
23 (2) To supervise and manage the forest fire wardens
24 throughout the Commonwealth, and, when necessary, to appoint
25 persons who shall serve without compensation as special or as ex
26 officio fire wardens. Such special or ex officio fire wardens
27 shall have the same powers as local forest fire wardens, but
28 their duties may be changed or extended by the chief forest fire
29 warden. Any special or ex officio forest fire warden, appointed
30 as herein provided, shall be entitled to receive the necessary
19890S0143B0143 - 38 -
1 expenses incurred by him in the performance of his duties as
2 fire warden.
3 (3) To report to the secretary at such times as the
4 secretary shall require, covering all phases of the work done
5 under his direction.
6 (4) To collect, with the assistance of the fire wardens
7 under his supervision, data as to location, area and fire
8 hazards, or woodlots, forest and wild lands, within the State,
9 as to forest fires and losses resulting therefrom, and such
10 other data as he may desire to present to the department or to
11 the public.
12 (5) To plan and to put into operation and maintain a system
13 of fire towers and observation stations, which shall cover the
14 regions subject to forest fires, and to purchase the necessary
15 materials and equipment and hire the necessary labor therefor.
16 (6) During dry seasons, whenever necessary, to appoint
17 certain forest fire wardens as patrolmen for regions subject to
18 great fire risk.
19 (7) To enter into agreements with persons, associations, or
20 corporations, upon satisfactory terms, for forest fire
21 prevention or control.
22 (8) To conduct educational work in relation to the
23 protection of forests from fire.
24 (9) To approve and transmit to the secretary all correct
25 bills for expenses incurred by him or under his supervision.
26 (10) To declare a public nuisance any property which by
27 reason of its condition or operation is a special forest fire
28 hazard, and, as such, endangers other property or human life. He
29 shall notify the owner of the property, or the person
30 responsible for the condition declared a public nuisance, and
19890S0143B0143 - 39 -
1 advise him of the abatement of such public nuisance. In case of
2 a railroad, such notice shall be served upon the superintendent
3 of the division upon which the nuisance exists.
4 (11) To collect and arrange information concerning violation
5 of laws relating to the protection of forests from fire, and
6 present the same to the secretary who shall file it with the
7 Department of Justice for legal action.
8 (12) To issue, to persons appointed forest fire wardens,
9 certificates of appointment, and, when deemed advisable, to
10 issue badges to such persons.
11 Section 1912-B. Powers of District Forest Fire Wardens.--
12 Each district fire warden shall have the power, and his duty
13 shall be:
14 (1) To establish headquarters at some advantageous place
15 within his district.
16 (2) To act as the field representative of the Chief Forest
17 Fire Warden.
18 (3) To collect and forward to the Chief Forest Fire Warden
19 such data within his district as may be required by the Chief
20 Forest Fire Warden.
21 (4) To make recommendations to the Chief Forest Fire Warden
22 for the appointment of local fire wardens, the location of and
23 such other matters as may come to his attention which would tend
24 to improve the protective system.
25 (5) To arrange for annual meetings of fire wardens within
26 his district for instruction in forest fire matters.
27 (6) To report to the Chief Forest Fire Warden conditions
28 existing within his district, which are or may become forest
29 fire hazards, and to serve notices for the correction or removal
30 of such conditions, after and when issued by the Chief Forest
19890S0143B0143 - 40 -
1 Fire Warden.
2 (7) To receive, audit and, if correct, approve the reports
3 and accounts of the local fire wardens, before submitting them
4 to the Chief Forest Fire Warden.
5 (8) To act as an inspector of the work of the local fire
6 wardens and render assistance to them.
7 (9) To conduct educational work, and develop cooperation
8 between local agencies and the department for the prevention and
9 suppression of forest fires.
10 (10) To perform such other duties as may be assigned to him
11 by the secretary and the Chief Forest Fire Warden.
12 Section 1913-B. Powers of Local Forest Fire Wardens.--It
13 shall be the duty of each local forest fire warden:
14 (1) Whenever fire is discovered in or approaching woodlots,
15 forests or wild lands, whether the same be owned by individuals
16 or corporations or by the Commonwealth, immediately to take such
17 measures as are necessary to extinguish the fire.
18 (2) Whenever fires have been combated or extinguished, to
19 prepare a correct statement of expenses, upon forms to be
20 furnished by the department, which must be filed with the
21 district forest fire warden and by him forwarded to the Chief
22 Forest Fire Warden within sixty days of the date of the fire.
23 (3) Promptly to investigate the cause of each fire which
24 comes to his knowledge, collect such evidence as may be
25 discovered relating thereto, and such other facts as he may be
26 directed to investigate, and report the same to the Chief Forest
27 Fire Warden.
28 (4) To attend an annual meeting of forest fire wardens in
29 his district when notified, or present a reasonable excuse.
30 (5) When designated as a patrolman or watchman, to perform
19890S0143B0143 - 41 -
1 such duties as may be assigned him by the Chief Forest Fire
2 Warden, or by the district forest fire warden.
3 Section 1914-B. Powers of all Forest Fire Wardens.--Every
4 forest fire warden, appointed as provided in this act, shall
5 have the power:
6 (1) To employ such other persons, as in his judgment may be
7 necessary, to render assistance in extinguishing forest fires,
8 and to compel the attendance of persons, and to require their
9 assistance, in the extinguishing of forest fires.
10 (2) To administer an oath or affirmation, in order to
11 examine any person who he believes knows facts relating to any
12 forest fire, or who claims compensation for services rendered.
13 (3) To enter upon any land at any time for the purpose of
14 performing duties in accordance with this act.
15 (4) To arrest on view, without first procuring a warrant,
16 any person detected by him in the act of committing an offense
17 against any of the laws for the protection of forest, woodlots
18 or wild lands, or, when he shall have a reasonable suspicion
19 that any person is committing or about to commit some such
20 offense. Such forest warden shall have further power to take the
21 offender before a district justice, magistrate or other officer
22 having jurisdiction, for hearing, trial or other due process of
23 law.
24 (5) To exercise the foregoing powers, not only in the
25 jurisdiction for or within which he may have been appointed, but
26 also in adjacent or other boroughs, townships or counties.
27 Section 1915-B. Mines.--The Department of Mines, Minerals,
28 Forests and Waters shall have the power, and its duty shall be:
29 (1) To see that the mining laws of the Commonwealth are
30 faithfully executed, and, for that purpose, cause lawfully
19890S0143B0143 - 42 -
1 qualified mine inspectors to enter, inspect, and examine any
2 mine or colliery within the Commonwealth and the works and
3 machinery connected therewith.
4 (2) To give such aid and instruction to the mine inspectors,
5 from time to time, as may be calculated to protect the health
6 and promote the safety of all persons employed in and about the
7 mines.
8 (3) To make such examinations and investigations as may be
9 necessary to enable it to make recommendations upon any matters
10 pertaining to the general welfare of coal miners and others
11 connected with mining and the interests of mine owners and
12 operators in the Commonwealth.
13 (4) To seal or close or backfill abandoned deep or strip
14 coal mines, to plug abandoned oil and gas wells, to fill voids
15 in abandoned coal mines, to drill bore holes, dig ditches or
16 construct flumes which would relieve flooding or hazardous
17 conditions caused by mine water, and to extinguish fires in
18 abandoned coal mines and in culm banks, in those instances where
19 such work is in the interest of the public welfare.
20 Section 1916-B. Mine Inspectors.--Subject to any
21 inconsistent provisions in this act contained, anthracite mine
22 inspectors and bituminous mine inspectors shall, respectively,
23 under the direction of the secretary, continue to exercise the
24 powers and perform the duties by law vested in and imposed upon
25 them.
26 Section 1917-B. Water Supply.--The Department of Mines,
27 Minerals, Forests and Waters shall have the power and its duty
28 shall be:
29 (1) To issue waterworks permits, and stipulate therein the
30 conditions under which water may be supplied to the public, and
19890S0143B0143 - 43 -
1 to administer the act of May 1, 1984 (P.L.206, No.43), known as
2 the "Pennsylvania Safe Drinking Water Act."
3 (2) To investigate, hold hearings upon and determine any
4 question of fact regarding the purity of water supplied to the
5 public by any public utility over which the Pennsylvania Public
6 Utility Commission has jurisdiction, whenever said commission
7 shall certify such question to the department.
8 The findings of the department upon any such questions shall
9 be incorporated in and made a part of the determination or
10 decision of said commission of the controversy or other
11 proceeding in connection with which the question arose and shall
12 be binding upon the parties to such controversy or other
13 proceeding unless either party shall take an appeal from the
14 commission's determination or decision as may now or hereafter
15 be provided by law.
16 (3) To make a bacteriological examination and report of any
17 sample of water sent by any person to the department's
18 laboratory at Philadelphia or Pittsburgh.
19 Section 1918-B. Rules and Regulations.--(a) The department
20 shall establish such rules and regulations, not inconsistent
21 with law, for the control, management, protection, utilization,
22 development, occupancy and use of the lands and resources of
23 State parks, as it may deem necessary to conserve the interests
24 of the Commonwealth. Such rules and regulations shall be
25 compatible with the purposes for which State parks are created.
26 Whenever the department imposes fees or charges for activities,
27 admissions, uses or privileges, including charges for
28 concessions, at or relating to State parks, such charges or fees
29 shall be used solely for the acquisition, maintenance, operation
30 or administration of the State parks systems, and are hereby
19890S0143B0143 - 44 -
1 appropriated for such purposes. The department shall not adopt
2 or impose any charges or fees for parking or general admission
3 to State parks unless the charges were imposed prior to January
4 1, 1984. The department may continue to impose and modify
5 parking charges and fees applicable to specific services or
6 units within the State park system which were imposed prior to
7 January 1, 1984, and may impose charges or fees for admission to
8 and for use of specific services and facilities in State parks.
9 (b) The department shall establish such rules and
10 regulations, not inconsistent with law, for the control,
11 management, protection, utilization, development, occupancy and
12 use, of the lands and resources of the State forests, as the
13 department deems proper, to conserve the interests of the
14 Commonwealth. Such rules and regulations shall be compatible
15 with the purposes for which the State forests are created,
16 namely to provide a continuous supply of timber, lumber, wood
17 and other forest products, to protect the watersheds, conserve
18 the waters, and regulate the flow of rivers and streams of the
19 State and to furnish opportunities for healthful recreation to
20 the public.
21 (c) The secretary may suspend any regulation promulgated
22 solely to meet a requirement of the Surface Mining Control and
23 Reclamation Act of 1977 (Public Law 95-87) when the requirement
24 is no longer binding upon Pennsylvania. Notice of the suspension
25 shall be published in the Pennsylvania Bulletin. Within sixty
26 days after the suspension, the secretary shall reconsider the
27 suspended regulation and shall promulgate, amend or repeal the
28 regulation pursuant to the requirements of the act of July 31,
29 1968 (P.L.769, No.240), referred to as the Commonwealth
30 Documents Law.
19890S0143B0143 - 45 -
1 Section 1919-B. State Board for Certification of Sewage
2 Treatment Plant and Waterworks Operators.--The State Board for
3 Certification of Sewage Treatment Plant and Waterworks Operators
4 shall continue to exercise the powers and perform the duties by
5 law vested in and imposed upon said board.
6 Section 1920-B. Soil Conservation.--The State Soil
7 Conservation Commission shall continue to exercise the powers
8 and perform the duties by law vested in and imposed upon said
9 commission.
10 Section 1921-B. Conflict of Interest in Mining and Oil and
11 Gas Regulation.--(a) No employe of the department performing
12 any function or duty within the scope of activities covered by
13 the Surface Mining Control and Reclamation Act of 1977 (Public
14 Law 95-87) shall have a direct or indirect financial interest in
15 any underground or surface coal mining operation as defined by
16 this act. Whoever knowingly violates the provisions of this
17 subsection shall, upon conviction, be sentenced to pay a fine of
18 not more than two thousand five hundred dollars ($2,500) or to
19 imprisonment for not more than one (1) year, or both. Rules and
20 regulations shall be promulgated hereunder to establish methods
21 by which the provisions of this subsection will be monitored and
22 enforced by the department, including, but not limited to,
23 appropriate provisions for the filing by such employes and the
24 review of statements and supplements thereto concerning any
25 financial interest which may be affected by this subsection.
26 (b) No employe of the department performing the function or
27 duty of an oil or gas inspector shall act as a manager, employe
28 or agent of any oil or gas drilling operation or of any mine or
29 mining operation, nor shall he or she be interested in any
30 pecuniary way in such operations in this Commonwealth. Whoever
19890S0143B0143 - 46 -
1 knowingly violates the provisions of this subsection shall, upon
2 conviction, be sentenced to pay a fine of not more than two
3 thousand five hundred dollars ($2,500) or to imprisonment for
4 not more than one (1) year, or both. Rules and regulations shall
5 be promulgated hereunder to establish methods by which the
6 provisions of this subsection will be monitored and enforced by
7 the department including, but not limited to, appropriate
8 provisions for the filing by such employes and the review of
9 statements and supplements thereto concerning any financial
10 interest which may be affected by this subsection.
11 Section 11. The following are transferred to the Department
12 of Mines, Minerals, Forests and Waters:
13 All bureaus, divisions and government units in the Department
14 of Environmental Resources concerned with the functions
15 enumerated in Sections 1901-B through 1921-B of the act to which
16 this is an amendment.
17 Section 12. (a) All personnel, allocations, files, records,
18 contracts, agreements, obligations, and other materials which
19 are used, employed, or expended in connection with the powers,
20 duties, or functions transferred by this act to the Department
21 of Mines, Minerals, Forests and Waters are hereby transferred to
22 the Department of Mines, Minerals, Forests and Waters with the
23 same force and effect as if the appropriations had been made to
24 and said items had been the property of the Department of Mines,
25 Minerals, Forests and Water in the first instance and as if said
26 contracts, agreements and obligations had been incurred or
27 entered into by said Department of Mines, Minerals, Forests and
28 Water.
29 (b) The personnel, appropriations, equipment and other items
30 and material transferred by this section shall include an
19890S0143B0143 - 47 -
1 appropriate portion of the general administrative, overhead and
2 supporting personnel, appropriations, equipment and other
3 material of the agency and shall also include, where applicable,
4 Federal grants and funds and other benefits from any Federal
5 program.
6 (c) All personnel transferred pursuant to this act shall
7 retain any civil service employment status assigned to said
8 personnel.
9 Section 13. All positions in the Department of Mines,
10 Minerals, Forests and Water shall be deemed to be included in
11 the list of positions set forth in section 3(d) of the act of
12 August 5, 1941 (P.L.752, No.286), known as the Civil Service
13 Act, and the provisions and benefits of that act shall be
14 applicable to the employees of, and positions in, the
15 department.
16 Section 14. Whenever the Secretary of Environmental
17 Resources shall be entitled by law to serve on a board,
18 commission or other body relating to the powers, duties or
19 functions transferred by this act, the Secretary of Mines,
20 Minerals, Forests and Waters shall serve in his place as if the
21 Secretary of Mines, Minerals, Forests and Waters had been
22 designated to serve in the first instance.
23 Section 15. All orders, permits, regulations, decisions and
24 other actions of the Department of Environmental Resources whose
25 functions have been transferred by this act shall remain in full
26 force and effect until modified, repealed, suspended, superseded
27 or otherwise changed by appropriate action of the Department of
28 Mines, Minerals, Forests and Waters.
29 Section 16. The Department of Mines, Minerals, Forests and
30 Waters shall be subject to evaluation and review, termination,
19890S0143B0143 - 48 -
1 reestablishment and continuation in accordance with the
2 provisions of the act of December 22, 1981 (P.L.508, No.142),
3 known as the Sunset Act.
4 Section 17. All acts and parts of acts are repealed insofar
5 as they are inconsistent with this act.
6 Section 18. This act shall take effect in 60 days.
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