PRIOR PRINTER'S NO. 894 PRINTER'S NO. 1234
No. 814 Session of 1989
INTRODUCED BY RHOADES, MUSTO, SALVATORE, SHUMAKER, REIBMAN,
PORTERFIELD, LEMMOND AND CORMAN, APRIL 10, 1989
SENATOR FISHER, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
JUNE 13, 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," extending the
7 Emergency Bond Fund to anthracite surface mines; and making
8 an appropriation.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title and section 4.7 of the act of May 31,
12 1945 (P.L.1198, No.418), known as the Surface Mining
13 Conservation and Reclamation Act, amended or added December 12,
14 1986 (P.L.1570, No.171), are amended to read:
15 AN ACT
16 Providing for the conservation and improvement of land affected
17 in connection with surface mining; regulating such mining;
18 providing for the establishment of an Emergency Bond Fund for
19 anthracite deep mine operators and anthracite surface mine
20 operators; and providing penalties.
1 Section 4.7. Anthracite [Deep] Mine Operators Emergency Bond
2 Fund.--(a) Within thirty (30) days of the effective date of
3 this section, the department shall establish an Emergency Bond
4 Fund for the purpose of reclaiming any anthracite deep mined or
5 surface mined lands which may be abandoned after the effective
6 date of this section and on which the bond required by law and
7 established by regulation has not been posted due to
8 circumstances set forth in subsection (d).
9 (b) The department shall collect from the following classes
10 of licensed anthracite deep mine operators and anthracite
11 surface mine operators a fee of twenty-five cents (25¢) for each
12 ton of coal extracted from mining operations for which the
13 required bond has not been posted due to the circumstances set
14 forth in subsection (d):
15 (1) Licensed anthracite deep mine operators and anthracite
16 surface mine operators who submit to the department three
17 letters of rejection from three separate bonding companies
18 licensed to do business in this Commonwealth, stating that the
19 operator has been denied a bond and the grounds for rejection.
20 (2) Licensed anthracite deep mine operators and anthracite
21 surface mine operators whose bonds are canceled due to the
22 insolvency or bankruptcy of any insurance company or surety
23 company licensed to do business in this Commonwealth.
24 (c) The department shall deposit appropriations and the
25 moneys collected into the Emergency Bond Fund. The department
26 may establish such recordkeeping and reporting requirements as
27 may be necessary for the purpose of implementing this section.
28 Each operator affected by this section shall remit the fees to
29 the department within forty-five (45) days following the sale of
30 the tonnage on which the fee has been levied. The collection and
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1 deposit of the fees shall continue until the fund has reached a
2 level that equals the number of acres for which no bond has been
3 posted multiplied by the per-acre bonding requirement as
4 established by rules and regulations of the department.
5 (d) If the bonds of any anthracite deep mine operator or
6 anthracite surface mine operator are canceled due to the
7 insolvency or bankruptcy of any insurance company or surety
8 company authorized to do business in this Commonwealth, and if
9 replacement bonds from any other company are unavailable to the
10 operator, even though the operator possesses sufficient
11 financial resources to otherwise qualify for a bond, or if the
12 operator has received the letters of rejection provided for in
13 subsection (b), the operator shall so notify the department in
14 writing. Notice to the department in the case of an operator who
15 has received the letters of rejection provided for in subsection
16 (b) shall contain the letters of rejection and such other
17 information as the Environmental Quality Board may, by
18 regulation, prescribe. In lieu of a bond, the operator's
19 reclamation obligation for each site for which a permit has been
20 applied shall be secured by the Emergency Bond Fund provided for
21 in subsection (a) until such time as the site has been reclaimed
22 or until an original or replacement bond, as the case may be,
23 has been obtained by the operator: Provided, however, That no
24 permit shall be issued under this subsection unless the operator
25 has filed with the department a minimum payment of one thousand
26 dollars ($1,000) toward the bond obligation and borrowed the
27 remaining balances from the Emergency Bond Fund to cover the
28 bond amounts for the entire permit area, as required by law. At
29 such time as the operator has satisfied a reclamation obligation
30 secured by the fund provided for in section 1, the department
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1 shall release to the operator the fees collected, in whole or in
2 part, according to the bond release schedule provided for by
3 regulation. Any operator whose bond obligation is met by this
4 section and whose permit application has been approved shall,
5 throughout the term of the permit, undertake all reasonable
6 actions to obtain an original or replacement bond, as the case
7 may be, for said site.
8 (e) The Environmental Quality Board may adopt regulations
9 which require the operator to demonstrate, from time to time,
10 that he has made such reasonable attempts to obtain an original
11 or replacement bond.
12 (f) In collecting the fees provided for and in securing
13 reclamation obligations, the department shall maintain a
14 separate record for each operator. The fees paid by an operator
15 may be used only to secure the reclamation obligations of the
16 operator.
17 (g) The sum of fifty thousand dollars ($50,000) is hereby
18 appropriated to the department for immediate deposit into the
19 Emergency Bond Fund to provide the necessary funds for loans to
20 qualified anthracite deep mine operators and anthracite surface
21 mine operators to provide the required bonds to obtain mining
22 permits.
23 SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
24 SECTION 4.8. PENNSYLVANIA REMINING FUND.--(A) THERE IS
25 HEREBY ESTABLISHED A SEPARATE ACCOUNT IN THE STATE TREASURY TO
26 BE KNOWN AS THE PENNSYLVANIA REMINING FUND. ALL MONEYS IN THIS
27 FUND ARE HEREBY APPROPRIATED TO THE DEPARTMENT ON A CONTINUING
28 BASIS. THE FUND SHALL BE ADMINISTERED BY THE DEPARTMENT FOR THE
29 PURPOSE OF PROVIDING THE FINANCIAL ASSURANCE NEEDED TO FULFILL
30 THE RECLAMATION BOND REQUIREMENTS ESTABLISHED UNDER THIS ACT
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1 FOR:
2 (1) REMINING ABANDONED MINE LANDS OR AREAS WHERE THE
3 DEPARTMENT HAS FORFEITED BONDS, INCLUDING COAL REFUSE PILES.
4 (2) PROVIDING BOND CREDITS FOR RECLAIMING ABANDONED MINE
5 LANDS OR LAND THAT WAS SUBJECT TO BOND FORFEITURE, INCLUDING
6 COAL REFUSE PILES.
7 (B) (1) FINANCIAL ASSURANCE UNDER THIS SECTION MAY BE
8 APPROVED BY THE DEPARTMENT FOR REMINING ACTIVITIES INVOLVING
9 SURFACE MINING ANTHRACITE AND BITUMINOUS COAL AND RECLAMATION OF
10 COAL REFUSE PILES.
11 (2) ANY LICENSED MINE OPERATOR APPLYING FOR FINANCIAL
12 ASSURANCE OR BOND CREDITS FROM THE REMINING FUND MUST PROVE TO
13 THE DEPARTMENT THAT THE OPERATOR HAS NO LIABILITY FOR
14 RECLAMATION OR POLLUTION AT THE PROPOSED SITE OF REMINING.
15 (3) THE LICENSED MINE OPERATOR MUST DEMONSTRATE TO THE
16 DEPARTMENT THAT REMINING IS TECHNOLOGICALLY AND ECONOMICALLY
17 FEASIBLE AT THE PROPOSED SITE OF REMINING.
18 (4) FINANCIAL ASSURANCE OR A BOND CREDIT UNDER THIS SECTION
19 MAY BE APPROVED BY THE DEPARTMENT IN COMBINATION WITH
20 CONVENTIONAL COLLATERAL, SURETY OR SELF-BONDING AGREEMENTS.
21 HOWEVER, THE ASSURANCE OR BOND CREDIT SHALL APPLY ONLY TO THAT
22 PORTION OF THE PERMIT AREA TO BE REMINED.
23 (5) THE DEPARTMENT MAY REQUIRE, AS A CONDITION OF GRANTING
24 THE FINANCIAL ASSURANCE OR BOND CREDIT, THAT THE OPERATOR POST A
25 CONTRACT PERFORMANCE BOND TO INSURE THAT THE OPERATOR COMPLETES
26 THE PROPOSED REMINING. THE PERFORMANCE BOND IS TO BE ONLY IN AN
27 AMOUNT NECESSARY TO COVER THOSE AREAS PROPOSED TO BE REMINED AND
28 SHALL BE RELEASED BY THE DEPARTMENT UPON COMPLETION OF THE WORK
29 DESCRIBED IN THE APPROVED RECLAMATION PLAN.
30 (6) MINE OPERATORS WHOSE APPLICATIONS HAVE BEEN APPROVED BY
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1 THE DEPARTMENT TO PARTICIPATE IN THE REMINING FUND SHALL NOT BE
2 REQUIRED TO PAY ANY PER-ACRE RECLAMATION FEES OR ASSESSMENTS
3 ESTABLISHED BY THE DEPARTMENT FOR THE AREA COVERED BY THE
4 PROPOSAL OR PERMIT APPLICATION. IN ADDITION, ANY PERMIT
5 APPLICATION FEE COLLECTED OR ASSESSED BY THE DEPARTMENT SHALL BE
6 RETURNED OR WAIVED.
7 (7) PRIORITY FOR PARTICIPATION IN THE REMINING FUND SHALL BE
8 GIVEN TO LICENSED MINE OPERATORS PROPOSING REMINING WITHIN AREAS
9 DESIGNATED SUITABLE FOR RECLAMATION BY REMINING.
10 (C) TO BE ELIGIBLE TO RECEIVE FINANCIAL ASSURANCE UNDER THIS
11 SECTION TO CONDUCT REMINING OPERATIONS, A LICENSED MINE OPERATOR
12 WHO IS OTHERWISE ELIGIBLE TO OBTAIN A PERMIT SHALL, IN ADDITION
13 TO ANY OTHER APPLICABLE PERMITTING REQUIREMENTS OF THIS ACT:
14 (1) SUBMIT A MINING APPLICATION TO THE DEPARTMENT CLEARLY
15 INDICATING WHICH AREAS THE OPERATOR INTENDS TO REMINE AND WHICH
16 AREAS, IF ANY, ARE TO BE MINED FOR THE FIRST TIME.
17 (2) CALCULATE THE AMOUNT OF BOND THAT WOULD BE NEEDED TO
18 COVER THE AREA TO BE REMINED, OR THE INITIAL AREA OF REMINING.
19 (3) REQUEST TO BE CONSIDERED BY THE DEPARTMENT FOR
20 PARTICIPATION IN THE REMINING FUND.
21 (D) A BOND CREDIT IN THE FORM OF A BOND LETTER MAY BE ISSUED
22 BY THE DEPARTMENT TO A LICENSED MINE OPERATOR WHO IS OTHERWISE
23 ELIGIBLE TO OBTAIN A PERMIT. THE DEPARTMENT SHALL ADHERE TO THE
24 FOLLOWING PROCEDURES WHEN ISSUING A BOND CREDIT, IN ADDITION TO
25 ANY OTHER APPLICABLE PERMITTING REQUIREMENTS OF THIS ACT:
26 (1) REQUIRE A LICENSED MINE OPERATOR TO SUBMIT A PROPOSAL TO
27 THE DEPARTMENT TO REMINE A SPECIFIC AREA, TOGETHER WITH THE
28 ESTIMATED COST OF THE RECLAMATION TO OCCUR.
29 (2) APPLY THE BOND CREDIT AGAINST ANY RECLAMATION BOND
30 OBLIGATION SELECTED BY THE MINE OPERATOR, EXCEPT THE RECLAIMED
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1 AREA THAT RESULTS IN THE BOND CREDIT.
2 SECTION 4.9. DESIGNATING AREAS SUITABLE FOR RECLAMATION BY
3 REMINING.--(A) THE DEPARTMENT SHALL DESIGNATE AREAS OF THIS
4 COMMONWEALTH THAT ARE SUITABLE FOR RECLAMATION BY REMINING,
5 INCLUDING COAL REFUSE PILES, USING ANY OR ALL TYPES OF SURFACE
6 MINING ACTIVITIES, IF THE DEPARTMENT DETERMINES THAT RECLAMATION
7 PURSUANT TO THE REQUIREMENTS OF THIS ACT IS TECHNOLOGICALLY AND
8 ECONOMICALLY FEASIBLE.
9 (B) IN DESIGNATING AREAS SUITABLE FOR RECLAMATION BY
10 REMINING, THE DEPARTMENT SHALL CONSIDER THE FOLLOWING:
11 (1) THOSE LANDS WHICH WERE AFFECTED BY SURFACE OR DEEP
12 MINING ACTIVITIES, INCLUDING COAL REFUSE PILES, PRIOR TO AUGUST
13 3, 1977, OR FOR WHICH THE COMMONWEALTH HAS FORFEITED THE
14 RECLAMATION BOND, AND WHICH ARE CAUSING OR CONTRIBUTING TO THE
15 POLLUTION OF THE WATERS OF THIS COMMONWEALTH.
16 (2) AREAS WHICH, IF REMINED, WOULD RESULT IN ENHANCEMENT OF
17 NEARBY RECREATION, NATURAL OR SCENIC AREAS.
18 (3) AREAS WHERE REMINING WOULD RESULT IN A SIGNIFICANT
19 ECONOMIC OR SOCIAL ENHANCEMENT OF THE SURROUNDING REGION.
20 (4) AREAS THAT DO NOT NOW MEET THE WATER QUALITY CRITERIA OF
21 25 PA. CODE CH.93 (RELATING TO WATER QUALITY STANDARDS) BUT
22 WHICH, IF REMINING OCCURS, ARE LIKELY TO MAINTAIN EXISTING OR
23 ENHANCE DOWNSTREAM WATER USES AND WATER QUALITY AND WHICH ARE
24 UNLIKELY TO CAUSE FURTHER DEGRADATION OF RECEIVING STREAM WATER
25 QUALITY.
26 (5) AREAS WHICH CONTAIN OR ARE CONTIGUOUS TO COAL RESERVES
27 OF ACCEPTABLE QUALITY AND ACCESSIBILITY TO A MARKET.
28 (6) THE OVERALL TECHNICAL SUITABILITY AND FEASIBILITY OF THE
29 AREA TO BE RECLAIMED THROUGH REMINING.
30 (C) (1) THE DEPARTMENT MAY ACCEPT NOMINATIONS FOR AREAS
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1 SUITABLE FOR RECLAMATION BY REMINING FROM THE MINING AND
2 RECLAMATION ADVISORY BOARD OR FROM ANY PERSON OR SHALL NOMINATE
3 AREAS ITSELF. THE DEPARTMENT SHALL DETERMINE WITHIN THIRTY (30)
4 DAYS WHETHER TO ACCEPT THE NOMINATION FOR FURTHER STUDY.
5 (2) THE DEPARTMENT SHALL PREPARE A DETAILED REPORT ON THE
6 PROPOSED AREA, WITHIN ONE HUNDRED TWENTY (120) DAYS OF ITS
7 ACCEPTANCE OF A NOMINATION OF AN AREA FOR STUDY, BASED ON THE
8 CRITERIA OUTLINED IN SUBSECTION (B). THE REPORT SHALL CONTAIN
9 ENOUGH BACKGROUND INFORMATION ON THE PROPOSED AREA TO ALLOW A
10 MINE OPERATOR TO DIRECTLY USE ITS CONTENTS IN THE PREPARATION OF
11 A PROPOSAL OR PERMIT APPLICATION TO REMINE THE AREA.
12 (3) PRIOR TO MAKING ANY DESIGNATION, THE REPORT PREPARED BY
13 THE DEPARTMENT SHALL BE REVIEWED BY THE MINING AND RECLAMATION
14 ADVISORY BOARD. THE DEPARTMENT SHALL ALSO PUBLISH A NOTICE IN
15 THE PENNSYLVANIA BULLETIN ESTABLISHING A PUBLIC COMMENT PERIOD
16 OF AT LEAST A THIRTY (30) DAYS ON THE REPORT. THE COMMENT PERIOD
17 SHALL ALSO BE ADVERTISED AT LEAST ONCE A WEEK FOR TWO WEEKS IN A
18 NEWSPAPER OF GENERAL CIRCULATION IN THE PROPOSED DESIGNATION
19 AREA.
20 (4) NO LATER THAN SIX (6) MONTHS AFTER ITS ACCEPTANCE OF A
21 NOMINATED AREA FOR STUDY, THE DEPARTMENT WILL MAKE A DECISION ON
22 WHETHER TO DESIGNATE AN AREA AS SUITABLE FOR REMINING.
23 SECTION 4.10. REMINING OPERATOR'S ASSISTANCE PROGRAM.--(A)
24 THE DEPARTMENT SHALL ESTABLISH A PROGRAM TO ASSIST AND PAY FOR
25 THE PREPARATION OF PROPOSALS AND APPLICATIONS FOR LICENSED MINE
26 OPERATORS OTHERWISE ELIGIBLE TO OBTAIN A PERMIT FOR REMINING
27 ABANDONED MINE LAND AND LAND SUBJECT TO BOND FORFEITURES,
28 INCLUDING COAL REFUSE PILES. THE PROGRAM SHALL INCLUDE, BUT NOT
29 BE LIMITED TO, THE PREPARATION OF HYDROLOGIC, SURFACE AND GROUND
30 WATER DATA, OVERBURDEN ANALYSIS AND OTHER INFORMATION TO SUPPORT
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1 A PROPOSAL OR APPLICATION.
2 (B) MINE OPERATORS PARTICIPATING IN THE REMINING OPERATOR'S
3 ASSISTANCE PROGRAM SHALL NOT BE REQUIRED TO PAY ANY PER-ACRE
4 RECLAMATION FEES OR ASSESSMENTS ESTABLISHED BY THE DEPARTMENT
5 FOR THE AREA COVERED BY THE PROPOSAL OR PERMIT APPLICATION. IN
6 ADDITION, ANY PERMIT APPLICATION FEE COLLECTED OR ASSESSED BY
7 THE DEPARTMENT SHALL BE RETURNED OR WAIVED.
8 SECTION 4.11. PENNSYLVANIA RECLAMATION AND REMINING
9 PROGRAM.--(A) THE DEPARTMENT SHALL ESTABLISH A RECLAMATION AND
10 REMINING PROGRAM TO PROVIDE INCENTIVES AND ASSISTANCE TO RECLAIM
11 ABANDONED MINE LANDS AND LAND THAT IS SUBJECT TO BOND
12 FORFEITURES, INCLUDING COAL REFUSE PILES. THE DEPARTMENT IS
13 AUTHORIZED TO EXPEND MONEYS FROM THE SURFACE MINING CONSERVATION
14 AND RECLAMATION FUND AND THE CLEAN WATER FUND FOR THIS PROGRAM.
15 THE PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
16 ELEMENTS:
17 (1) THE ENCOURAGEMENT OF THE RECLAMATION OF ABANDONED MINE
18 LANDS BY ACTIVE SURFACE COAL MINE OPERATORS.
19 (2) THE ENCOURAGEMENT OF THE RECOVERY OF REMAINING COAL
20 RESOURCES ON ABANDONED MINE LANDS AND MAXIMIZING RECLAMATION OF
21 SUCH LANDS IN THE PROCESS.
22 (3) THE DEVELOPMENT OF AN OPERATOR QUALIFICATION SYSTEM.
23 (4) PROVISION FOR THE REMOVAL OF EXISTING COAL WASTE PILES,
24 SLURRY PONDS, IMPOUNDMENTS, EMBANKMENTS AND OTHER AREAS
25 CONTAINING SUCH WASTE MATERIALS; AND ENCOURAGING THE ENHANCED
26 USE OF COAL WASTE MATERIALS AS AN ALTERNATIVE ENERGY FUEL.
27 (5) THE ENCOURAGEMENT OF LOCAL GOVERNMENT PARTICIPATION IN
28 ABANDONED MINE LAND AGREEMENTS.
29 (B) (1) NOTWITHSTANDING ANY PROVISION OF LAW TO THE
30 CONTRARY, THE DEPARTMENT MAY ENTER INTO NO-COST RECLAMATION
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1 CONTRACTS IN WHICH THE COST OF RECLAMATION IS ASSUMED BY THE
2 OPERATOR. ANY LICENSED SURFACE MINE OPERATOR OR COAL MINE
3 OPERATOR HAVING NO HISTORY OF VIOLATIONS SHOWING A LACK OF
4 ABILITY OR INTENTION TO COMPLY WITH THIS ACT OR OTHER FEDERAL OR
5 STATE ENVIRONMENTAL LAWS MAY MAKE A PROPOSAL TO RECLAIM
6 ABANDONED MINE LAND OR TO REMOVE A COAL REFUSE PILE.
7 (2) THE REMOVAL OF COAL REFUSE SHALL NOT INVOLVE ANY
8 REPROCESSING OF COAL REFUSE OR THE RETURN OF COAL REFUSE
9 MATERIAL TO THE COAL REFUSE DISPOSAL AREA FROM WHICH THE PILE IS
10 REMOVED.
11 (3) WHERE THE EXTRACTION OF COAL IS NECESSARY TO PHYSICALLY
12 ACCOMPLISH THE RECLAMATION OF THE ABANDONED MINE LAND, THE
13 DEPARTMENT MAY AUTHORIZE EXTRACTION OF THE COAL WITHOUT A VALID
14 SURFACE MINING PERMIT IN ACCORDANCE WITH REGULATIONS PROMULGATED
15 BY THE DEPARTMENT.
16 (C) THE DEPARTMENT SHALL PREPARE A REPORT TO THE SENATE
17 ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE AND THE HOUSE
18 CONSERVATION COMMITTEE OF THE HOUSE OF REPRESENTATIVES ON JULY 1
19 OF EACH YEAR, GIVING A STATUS REPORT ON ACTIVITIES COVERING THE
20 DEPARTMENT'S RECLAMATION AND REMINING PROGRAMS UNDER THIS
21 SECTION AND SECTIONS 4.8, 4.9, 4.10 AND 18 OF THIS ACT. THE
22 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
23 (1) THE NUMBER AND NAMES OF OPERATORS PARTICIPATING IN THE
24 PROGRAMS UNDER SECTIONS 4.8, 4.9, 4.10 AND THIS SECTION AND THE
25 BOND FORFEITURE RECLAMATION PROGRAMS UNDER SECTION 18.
26 (2) THE NUMBER OF ACRES OF ABANDONED MINE LAND, LAND SUBJECT
27 TO BOND FORFEITURE AND COAL REFUSE PILES RECLAIMED.
28 (3) THE DOLLAR VALUE OF THESE RECLAMATION ACTIVITIES.
29 (4) RECOMMENDATIONS FOR PROVIDING ADDITIONAL INCENTIVES FOR
30 THE RECLAMATION OF AREAS PREVIOUSLY MINED.
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1 (5) THE COMMENTS OF THE MINING AND RECLAMATION ADVISORY
2 BOARD ON THE ANNUAL REPORT.
3 SECTION 3. SECTION 18(F) AND (G) OF THE ACT, ADDED OCTOBER
4 12, 1984 (P.L.916 NO.181), ARE AMENDED TO READ:
5 SECTION 18. SURFACE MINING CONSERVATION AND RECLAMATION
6 FUND; PAYMENTS TO CLEAN WATER FUND.--* * *
7 (F) WHEN [AN] A LICENSED MINE OPERATOR DESIRES TO RECLAIM
8 PROPERTY ON WHICH THE DEPARTMENT HAS FORFEITED BONDS FOR FAILURE
9 TO COMPLETE THE RECLAMATION PLAN OR IS GRANTED A PERMIT ON
10 PROPERTY CONTIGUOUS TO A PROPERTY ON WHICH THE DEPARTMENT HAS
11 FORFEITED BONDS FOR FAILURE TO COMPLETE THE RECLAMATION PLAN,
12 THE OPERATOR OR PERMITTEE SHALL BE PROVIDED THE OPPORTUNITY TO
13 MAKE A PROPOSAL TO COMPLETE THE RECLAMATION PLAN OF THE
14 FORFEITED BOND AREA. THE PROPOSAL SHALL CONTAIN ESTIMATED COSTS
15 AND THE NECESSARY INFORMATION UPON WHICH THE DEPARTMENT CAN
16 DETERMINE THE COST EFFECTIVENESS OF THE PROPOSAL. UPON RECEIPT
17 OF THE PROPOSAL, THE SECRETARY MAY NEGOTIATE AND ENTER INTO A
18 CONTRACT WITH THE OPERATOR OR PERMITTEE TO COMPLETE THE
19 RECLAMATION PLAN. A DETERMINATION WHETHER TO NEGOTIATE SHALL BE
20 MADE BY THE DEPARTMENT WITHIN THIRTY (30) DAYS OF RECEIPT OF THE
21 PROPOSAL; AND CONTRACT NEGOTIATIONS SHALL BEGIN WITHIN THIRTY
22 (30) DAYS OF THE DETERMINATION TO NEGOTIATE.
23 (G) THERE IS HEREBY CREATED A MINING AND RECLAMATION
24 ADVISORY BOARD TO ASSIST THE SECRETARY TO EXPEND THE FUNDS FOR
25 THE PURPOSES PROVIDED BY THIS ACT AND TO ADVISE THE SECRETARY ON
26 ALL MATTERS PERTAINING TO MINING AND RECLAMATION WHICH SHALL
27 INCLUDE, BUT NOT BE LIMITED TO, EXPERIMENTAL PRACTICES,
28 ALTERNATE METHODS OF BACKFILLING, SELECTION OF RECLAMATION
29 PROJECTS, ALTERNATE RECLAMATION METHODS, OBLIGATIONS FOR
30 PREEXISTING POLLUTION LIABILITY, ALTERATION OF RECLAMATION
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1 PLANS, RECLAMATION FEES AND BONDING RATES AND METHODS.
2 (1) THE BOARD SHALL BE COMPRISED OF [THREE (3)] FOUR (4)
3 COAL OPERATORS, TWO (2) OF WHOM SHALL BE LICENSED BITUMINOUS
4 SURFACE MINE OPERATORS AND [ONE (1)] TWO (2) OF WHOM SHALL BE
5 [A] LICENSED ANTHRACITE SURFACE MINE [OPERATOR] OPERATORS; FOUR
6 (4) PUBLIC MEMBERS FROM THE CITIZENS ADVISORY COUNCIL, WHO SHALL
7 BE APPOINTED BY THE COUNCIL; ONE (1) MEMBER SHALL BE A
8 REPRESENTATIVE OF A CORPORATE SURETY WHICH ISSUES RECLAMATION
9 BONDS IN PENNSYLVANIA; TWO (2) MEMBERS, ONE (1) FROM THE
10 ANTHRACITE AND BITUMINOUS LICENSED PROFESSIONAL ENGINEERS AND
11 ONE (1) FROM THE COUNTY CONSERVATION DISTRICTS, WHO SHALL BE
12 APPOINTED BY THE STATE CONSERVATION DISTRICT COMMISSION; FOUR
13 (4) MEMBERS OF THE GENERAL ASSEMBLY, TWO (2) FROM THE SENATE,
14 ONE (1) MEMBER FROM THE MAJORITY PARTY AND ONE (1) MEMBER FROM
15 THE MINORITY PARTY, WHO SHALL BE APPOINTED BY THE PRESIDENT PRO
16 TEMPORE, AND TWO (2) FROM THE HOUSE OF REPRESENTATIVES, ONE (1)
17 FROM THE MAJORITY PARTY AND ONE (1) FROM THE MINORITY PARTY, WHO
18 SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE OF
19 REPRESENTATIVES.
20 (2) THE SECRETARY SHALL [CHAIR THE MINING AND RECLAMATION
21 ADVISORY BOARD AND] APPOINT THE MEMBERS FROM THE COAL INDUSTRY,
22 THE MEMBER REPRESENTING THE CORPORATE SURETY AND THE MEMBER FROM
23 THE ANTHRACITE AND BITUMINOUS LICENSED PROFESSIONAL ENGINEERS.
24 (3) ALL MEMBERS SHALL BE APPOINTED FOR A TERM OF TWO (2)
25 YEARS, EXCEPT THAT ONE-HALF OF THE INITIAL MEMBERS SHALL SERVE
26 FOR THREE (3) YEARS. BOARD MEMBERS SHALL NOT RECEIVE A SALARY,
27 BUT SHALL BE REIMBURSED FOR ALL NECESSARY EXPENSES INCURRED IN
28 THE PERFORMANCE OF THEIR DUTIES.
29 (4) [THE BOARD SHALL MEET AT TIMES FIXED BY THE SECRETARY
30 BUT NOT LESS THAN ONCE PER YEAR. THE MINING AND RECLAMATION
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1 ADVISORY BOARD SHALL REPLACE THE MINING ADVISORY COMMITTEE AND
2 ANY OTHER COMMITTEE CONSTRUED TO BE ADVISORY FOR MATTERS
3 HEREIN.] ALL ACTIONS OF THE BOARD SHALL BE BY MAJORITY VOTE. THE
4 BOARD SHALL MEET UPON THE CALL OF THE SECRETARY, BUT NOT LESS
5 THAN QUARTERLY, TO CARRY OUT ITS DUTIES UNDER THIS ACT. THE
6 BOARD SHALL SELECT FROM AMONG ITS MEMBERS A CHAIRMAN AND SUCH
7 OTHER OFFICERS AS IT DEEMS APPROPRIATE.
8 (5) THE BOARD SHALL PREPARE AN ANNUAL REPORT ON ITS
9 ACTIVITIES AND SUBMIT THE REPORT TO THE SENATE ENVIRONMENTAL
10 RESOURCES AND ENERGY COMMITTEE AND THE HOUSE [MINES AND ENERGY
11 MANAGEMENT] CONSERVATION COMMITTEE.
12 (6) THE DEPARTMENT SHALL CONSULT WITH THE BOARD IN THE
13 FORMULATION, DRAFTING AND PRESENTATION OF ALL REGULATIONS
14 PROMULGATED UNDER THIS ACT. THE BOARD SHALL BE GIVEN A
15 REASONABLE OPPORTUNITY TO REVIEW AND COMMENT ON ALL REGULATIONS
16 PROMULGATED UNDER THIS ACT PRIOR TO SUBMISSION OF SUCH
17 REGULATIONS TO THE ENVIRONMENTAL QUALITY BOARD FOR PROPOSED AND
18 FINAL CONSIDERATION. THE WRITTEN REPORT OF THE BOARD SHALL BE
19 PROVIDED TO THE ENVIRONMENTAL QUALITY BOARD WITH ANY REGULATORY
20 PROPOSAL AND FINAL RULEMAKING. THE CHAIRMAN OF THE BOARD SHALL
21 BE INVITED TO PARTICIPATE IN THE PRESENTATION OF ALL REGULATIONS
22 PROMULGATED UNDER THIS ACT BEFORE THE ENVIRONMENTAL QUALITY
23 BOARD AND TO PRESENT THE BOARD'S WRITTEN REPORT AND ANSWER
24 QUESTIONS ABOUT ITS CONTENT. NOTHING IN THIS SUBSECTION SHALL
25 PRECLUDE ANY MEMBER OF THE BOARD FROM FILING A PETITION FOR
26 RULEMAKING WITH THE ENVIRONMENTAL QUALITY BOARD IN ACCORDANCE
27 WITH PROCEDURES ESTABLISHED BY THE ENVIRONMENTAL QUALITY BOARD.
28 * * *
29 Section 2 4. (a) The sum of $50,000 is hereby appropriated <--
30 to the Department of Environmental Resources for immediate
19890S0814B1234 - 13 -
1 deposit into the Emergency Bond Fund to provide additional funds
2 for loans to qualified anthracite deep mine operators for bonds
3 required to obtain mining permits.
4 (b) The sum of $100,000 is hereby appropriated to the
5 Department of Environmental Resources for immediate deposit into
6 the Emergency Bond Fund to provide additional funds for loans to
7 qualified anthracite surface mine operators for bonds required
8 to obtain mining permits.
9 (C) THE SUM OF $5,000,000, OR AS MUCH THEREOF AS MAY BE <--
10 NECESSARY, IS HEREBY APPROPRIATED TO THE PENNSYLVANIA REMINING
11 FUND FOR THE FISCAL YEAR JULY 1, 1989, TO JUNE 30, 1990.
12 (D) THE SUM OF $500,000, OR AS MUCH THEREOF AS MAY BE
13 NECESSARY, IS HEREBY APPROPRIATED TO THE DEPARTMENT OF
14 ENVIRONMENTAL RESOURCES FOR THE FISCAL YEAR JULY 1, 1989, TO
15 JUNE 30, 1990, FOR THE REMINING OPERATORS' ASSISTANCE PROGRAM.
16 Section 3 5. This act shall take effect in 60 days. <--
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