PRIOR PRINTER'S NOS. 894, 1234, 1579, PRINTER'S NO. 1626 1593
No. 814 Session of 1989
INTRODUCED BY RHOADES, MUSTO, SALVATORE, SHUMAKER, REIBMAN, PORTERFIELD, LEMMOND AND CORMAN, APRIL 10, 1989
AS AMENDED ON THIRD CONSIDERATION, OCTOBER 17, 1989
AN ACT 1 Amending the act of May 31, 1945 (P.L.1198, No.418), entitled, 2 as amended, "An act providing for the conservation and 3 improvement of land affected in connection with surface 4 mining; regulating such mining; providing for the 5 establishment of an Emergency Bond Fund for anthracite deep 6 mine operators; and providing penalties," providing for 7 pollutional discharges and bonds; extending the Emergency 8 Bond Fund to anthracite surface mines; and making an 9 appropriation. 10 The General Assembly of the Commonwealth of Pennsylvania 11 hereby enacts as follows: 12 Section 1. The title of the act of May 31, 1945 (P.L.1198, 13 No.418), known as the Surface Mining Conservation and 14 Reclamation Act, amended December 12, 1986 (P.L.1570, No.171), 15 is amended to read: 16 AN ACT 17 Providing for the conservation and improvement of land affected 18 in connection with surface mining; regulating such mining; 19 providing for the establishment of an Emergency Bond Fund for 20 anthracite deep mine operators and anthracite surface mine 21 operators; and providing penalties.
1 Section 2. Section 4(g) of the act, amended October 10, 1980 2 (P.L.835, No.155), is amended and the section is amended by 3 adding subsections to read: 4 Section 4. Mining Permit; Reclamation Plan; Bond.--* * * 5 (g) Subject to the public notice requirements of subsection 6 (b), if the department is satisfied the reclamation covered by 7 the bond or portion thereof has been accomplished as required by 8 this act, it may, in the case of surface coal mining operations, 9 upon request by the permittee release in whole or in part the 10 bond or deposit according to the following schedule: (1) when 11 the operator has completed the backfilling, regrading and 12 drainage control of a bonded area in accordance with his 13 approved reclamation plan, the release of sixty per cent of the 14 bond for the applicable permit area, so long as provisions for 15 treatment of pollutional discharges, if any, have been made by 16 the operator; (2) when revegetation has been successfully 17 established on the affected area in accordance with the approved 18 reclamation plan, the department shall retain that amount of 19 bond for the revegetated area which would be sufficient for the 20 cost to the Commonwealth of reestablishing revegetation. Such 21 retention of bond shall be for the duration of liability under 22 the bond as prescribed in subsection (d). No part of the bond 23 shall be released under this subsection so long as the lands to 24 which the release would be applicable are contributing suspended 25 solids to streamflow or runoff outside the permit area in excess 26 of the requirements of law or until soil productivity for prime 27 farmlands has returned to equivalent level of yield as nonmined 28 land of the same soil type in the surrounding area under 29 equivalent management practices as determined from the soil 30 survey performed pursuant to subsection (a)(2)I. Where a 19890S0814B1626 - 2 -
1 permanent impoundment is to be retained, that portion of bond 2 under this subsection may be released under this subsection so 3 long as provisions for sound future maintenance by the operator 4 or the landowner have been made with the department; (3) when 5 the operator has completed successfully all mining and 6 reclamation activities, and has made provisions with the 7 department for the sound future treatment of pollutional 8 discharges, the release of the remaining portion of the bond, 9 but not before the expiration of the period specified for 10 operator responsibility in subsection (d). In the case of 11 noncoal surface mining operations, in lieu of the schedule and 12 criteria for release of bonds provided for in this subsection, 13 the schedule and criteria for release of bonds shall be as set 14 forth in regulations promulgated hereunder. No bond shall be 15 fully released until all requirements of this act are fully met. 16 Upon release of all or part of the bond and collateral as herein 17 provided, the State Treasurer shall immediately return to the 18 operator the amount of cash or securities specified therein. 19 (g.1) For operations conducted under permits issued after 20 July 31, 1982 MARCH 31, 1983, the department shall establish by <-- 21 regulation requirements for abatement of pollutional discharges 22 and alternative financial responsibility, including a program of 23 self-bonding and other programs as may be necessary to provide 24 for the future treatment of pollutional discharges. 25 (g.2) For operations conducted under permits originally or <-- 26 first issued prior to July 31, 1982, which encountered drainage 27 from previous mining and were mined in accordance with the rules 28 and regulations of the department in effect at the time, the 29 bonds shall be released as provided for in subsection (g), 30 unless the department demonstrates that the mining activities of 19890S0814B1626 - 3 -
1 the permittee have caused additional pollution. If the 2 department so demonstrates, the permittee shall be responsible 3 for such additional pollution pursuant to subsection (g.1). 4 (G.2) FOR OPERATIONS CONDUCTED UNDER PERMITS ORIGINALLY OR <-- 5 FIRST ISSUED PRIOR TO MARCH 31, 1983, WHICH ENCOUNTERED DRAINAGE 6 FROM PREVIOUS MINING AND WERE MINED IN ACCORDANCE WITH THE RULES 7 AND REGULATIONS OF THE DEPARTMENT IN EFFECT AT THE TIME, THE 8 PERMITTEE SHALL NOT INCUR ANY LIABILITY OR RESPONSIBILITY UNDER 9 THIS ACT OR ANY OTHER LAW, RULE OR REGULATION OF THE 10 COMMONWEALTH UNLESS THE DEPARTMENT DEMONSTRATES THAT THE MINING 11 ACTIVITIES OF THE PERMITTEE HAVE CAUSED ADDITIONAL POLLUTION. IF 12 THE DEPARTMENT SO DEMONSTRATES, THE PERMITTEE SHALL BE 13 RESPONSIBLE FOR SUCH ADDITIONAL POLLUTION PURSUANT TO SUBSECTION 14 (G.1). IF THE DEPARTMENT FAILS TO DEMONSTRATE THAT THE MINING 15 ACTIVITIES OF THE PERMITTEE HAVE CAUSED ADDITIONAL POLLUTION, 16 THE BONDS SHALL BE RELEASED AS PROVIDED FOR IN SUBSECTION (G): 17 PROVIDED, HOWEVER, THAT THE PERMITTEE SHALL NOT BE REQUIRED TO 18 MAKE ANY PROVISIONS FOR THE CURRENT OR FUTURE TREATMENT OF 19 DRAINAGE FROM PREVIOUS MINING. 20 (g.3) For purposes of subsections (g) and (g.1), 21 "pollutional discharge" shall mean a discharge entering the 22 waters of this Commonwealth and for which the department 23 demonstrates a violation of water quality standards resulting in 24 degradation of the receiving waters. 25 * * * 26 Section 3. Section 4.7 of the act, added December 12, 1986 27 (P.L.1570, No.171), is amended to read: 28 Section 4.7. Anthracite [Deep] Mine Operators Emergency Bond 29 Fund.--(a) Within thirty (30) days of the effective date of 30 this section, the department shall establish an Emergency Bond 19890S0814B1626 - 4 -
1 Fund for the purpose of reclaiming any anthracite deep mined or 2 surface mined lands which may be abandoned after the effective 3 date of this section and on which the bond required by law and 4 established by regulation has not been posted due to 5 circumstances set forth in subsection (d). 6 (b) The department shall collect from the following classes 7 of licensed anthracite deep mine operators and anthracite 8 surface mine operators a fee of twenty-five cents (25¢) for each 9 ton of coal extracted from mining operations for which the 10 required bond has not been posted due to the circumstances set 11 forth in subsection (d): 12 (1) Licensed anthracite deep mine operators and anthracite 13 surface mine operators who submit to the department three 14 letters of rejection from three separate bonding companies 15 licensed to do business in this Commonwealth, stating that the 16 operator has been denied a bond and the grounds for rejection. 17 (2) Licensed anthracite deep mine operators and anthracite 18 surface mine operators whose bonds are canceled due to the 19 insolvency or bankruptcy of any insurance company or surety 20 company licensed to do business in this Commonwealth. 21 (c) The department shall deposit appropriations and the 22 moneys collected into the Emergency Bond Fund. The department 23 may establish such recordkeeping and reporting requirements as 24 may be necessary for the purpose of implementing this section. 25 Each operator affected by this section shall remit the fees to 26 the department within forty-five (45) days following the sale of 27 the tonnage on which the fee has been levied. The collection and 28 deposit of the fees shall continue until the fund has reached a 29 level that equals the number of acres for which no bond has been 30 posted multiplied by the per-acre bonding requirement as 19890S0814B1626 - 5 -
1 established by rules and regulations of the department. 2 (d) If the bonds of any anthracite deep mine operator or 3 anthracite surface mine operator are canceled due to the 4 insolvency or bankruptcy of any insurance company or surety 5 company authorized to do business in this Commonwealth, and if 6 replacement bonds from any other company are unavailable to the 7 operator, even though the operator possesses sufficient 8 financial resources to otherwise qualify for a bond, or if the 9 operator has received the letters of rejection provided for in 10 subsection (b), the operator shall so notify the department in 11 writing. Notice to the department in the case of an operator who 12 has received the letters of rejection provided for in subsection 13 (b) shall contain the letters of rejection and such other 14 information as the Environmental Quality Board may, by 15 regulation, prescribe. In lieu of a bond, the operator's 16 reclamation obligation for each site for which a permit has been 17 applied shall be secured by the Emergency Bond Fund provided for 18 in subsection (a) until such time as the site has been reclaimed 19 or until an original or replacement bond, as the case may be, 20 has been obtained by the operator: Provided, however, That no 21 permit shall be issued under this subsection unless the operator 22 has filed with the department a minimum payment of one thousand 23 dollars ($1,000) toward the bond obligation and borrowed the 24 remaining balances from the Emergency Bond Fund to cover the 25 bond amounts for the entire permit area, as required by law. At 26 such time as the operator has satisfied a reclamation obligation 27 secured by the fund provided for in section 1, the department 28 shall release to the operator the fees collected, in whole or in 29 part, according to the bond release schedule provided for by 30 regulation. Any operator whose bond obligation is met by this 19890S0814B1626 - 6 -
1 section and whose permit application has been approved shall, 2 throughout the term of the permit, undertake all reasonable 3 actions to obtain an original or replacement bond, as the case 4 may be, for said site. 5 (e) The Environmental Quality Board may adopt regulations 6 which require the operator to demonstrate, from time to time, 7 that he has made such reasonable attempts to obtain an original 8 or replacement bond. 9 (f) In collecting the fees provided for and in securing 10 reclamation obligations, the department shall maintain a 11 separate record for each operator. The fees paid by an operator 12 may be used only to secure the reclamation obligations of the 13 operator. 14 (g) The sum of fifty thousand dollars ($50,000) is hereby 15 appropriated to the department for immediate deposit into the 16 Emergency Bond Fund to provide the necessary funds for loans to 17 qualified anthracite deep mine operators and anthracite surface 18 mine operators to provide the required bonds to obtain mining 19 permits. 20 Section 4. The act is amended by adding sections to read: 21 Section 4.8. Pennsylvania Remining Fund.--(a) There is 22 hereby established a separate account in the State Treasury to 23 be known as the Pennsylvania Remining Fund. All moneys in this 24 fund are hereby appropriated to the department on a continuing 25 basis. The fund shall be administered by the department for the 26 purpose of providing the financial assurance needed to fulfill 27 the reclamation bond requirements established under this act 28 for: 29 (1) Remining abandoned mine lands or areas where the 30 department has forfeited bonds, including coal refuse piles. 19890S0814B1626 - 7 -
1 (2) Providing bond credits for reclaiming abandoned mine 2 lands or land that was subject to bond forfeiture, including 3 coal refuse piles. 4 (b) (1) Financial assurance under this section may be 5 approved by the department for remining activities involving 6 surface mining anthracite and bituminous coal and reclamation of 7 coal refuse piles. 8 (2) Any licensed mine operator applying for financial 9 assurance or bond credits from the Remining Fund must prove to 10 the department that the operator has no liability for 11 reclamation or pollution at the proposed site of remining. 12 (3) The licensed mine operator must demonstrate to the 13 department that remining is technologically and economically 14 feasible at the proposed site of remining. 15 (4) Financial assurance or a bond credit under this section 16 may be approved by the department in combination with 17 conventional collateral, surety or self-bonding agreements. 18 However, the assurance or bond credit shall apply only to that 19 portion of the permit area to be remined. 20 (5) The department may require, as a condition of granting 21 the financial assurance or bond credit, that the operator post a 22 contract performance bond to insure that the operator completes 23 the proposed remining. The performance bond is to be only in an 24 amount necessary to cover those areas proposed to be remined and 25 shall be released by the department upon completion of the work 26 described in the approved reclamation plan. 27 (6) Mine operators whose applications have been approved by 28 the department to participate in the Remining Fund shall not be 29 required to pay any per-acre reclamation fees or assessments 30 established by the department for the area covered by the 19890S0814B1626 - 8 -
1 proposal or permit application. In addition, any permit 2 application fee collected or assessed by the department shall be 3 returned or waived. 4 (7) Priority for participation in the Remining Fund shall be 5 given to licensed mine operators proposing remining within areas 6 designated suitable for reclamation by remining. 7 (c) To be eligible to receive financial assurance under this 8 section to conduct remining operations, a licensed mine operator 9 who is otherwise eligible to obtain a permit shall, in addition 10 to any other applicable permitting requirements of this act: 11 (1) Submit a mining application to the department clearly 12 indicating which areas the operator intends to remine and which 13 areas, if any, are to be mined for the first time. 14 (2) Calculate the amount of bond that would be needed to 15 cover the area to be remined, or the initial area of remining. 16 (3) Request to be considered by the department for 17 participation in the remining fund. 18 (d) A bond credit in the form of a bond letter may be issued 19 by the department to a licensed mine operator who is otherwise 20 eligible to obtain a permit. The department shall adhere to the 21 following procedures when issuing a bond credit, in addition to 22 any other applicable permitting requirements of this act: 23 (1) Require a licensed mine operator to submit a proposal to 24 the department to remine a specific area, together with the 25 estimated cost of the reclamation to occur. 26 (2) Apply the bond credit against any reclamation bond 27 obligation selected by the mine operator, except the reclaimed 28 area that results in the bond credit. 29 Section 4.9. Designating Areas Suitable for Reclamation by 30 Remining.--(a) The department shall designate areas of this 19890S0814B1626 - 9 -
1 Commonwealth that are suitable for reclamation by remining, 2 including coal refuse piles, using any or all types of surface 3 mining activities, if the department determines that reclamation 4 pursuant to the requirements of this act is technologically and 5 economically feasible. 6 (b) In designating areas suitable for reclamation by 7 remining, the department shall consider the following: 8 (1) Those lands which were affected by surface or deep 9 mining activities, including coal refuse piles, prior to August 10 3, 1977, or for which the Commonwealth has forfeited the 11 reclamation bond, and which are causing or contributing to the 12 pollution of the waters of this Commonwealth. 13 (2) Areas which, if remined, would result in enhancement of 14 nearby recreation, natural or scenic areas. 15 (3) Areas where remining would result in a significant 16 economic or social enhancement of the surrounding region. 17 (4) Areas that do not now meet the water quality criteria of 18 25 Pa. Code Ch.93 (relating to water quality standards) but 19 which, if remining occurs, are likely to maintain existing or 20 enhance downstream water uses and water quality and which are 21 unlikely to cause further degradation of receiving stream water 22 quality. 23 (5) Areas which contain or are contiguous to coal reserves 24 of acceptable quality and accessibility to a market. 25 (6) The overall technical suitability and feasibility of the 26 area to be reclaimed through remining. 27 (c) (1) The department may accept nominations for areas 28 suitable for reclamation by remining from the Mining and 29 Reclamation Advisory Board or from any person or shall nominate 30 areas itself. The department shall determine within thirty (30) 19890S0814B1626 - 10 -
1 days whether to accept the nomination for further study. 2 (2) The department shall prepare a detailed report on the 3 proposed area, within one hundred twenty (120) days of its 4 acceptance of a nomination of an area for study, based on the 5 criteria outlined in subsection (b). The report shall contain 6 enough background information on the proposed area to allow a 7 mine operator to directly use its contents in the preparation of 8 a proposal or permit application to remine the area. 9 (3) Prior to making any designation, the report prepared by 10 the department shall be reviewed by the Mining and Reclamation 11 Advisory Board. The department shall also publish a notice in 12 the Pennsylvania Bulletin establishing a public comment period 13 of at least a thirty (30) days on the report. The comment period 14 shall also be advertised at least once a week for two weeks in a 15 newspaper of general circulation in the proposed designation 16 area. 17 (4) No later than six (6) months after its acceptance of a 18 nominated area for study, the department will make a decision on 19 whether to designate an area as suitable for remining. 20 Section 4.10. Remining Operator's Assistance Program.--(a) 21 The department shall establish a program to assist and pay for 22 the preparation of proposals and applications for licensed mine 23 operators otherwise eligible to obtain a permit for remining 24 abandoned mine land and land subject to bond forfeitures, 25 including coal refuse piles. The program shall include, but not 26 be limited to, the preparation of hydrologic, surface and ground 27 water data, overburden analysis and other information to support 28 a proposal or application. 29 (b) Mine operators participating in the Remining Operator's 30 Assistance Program shall not be required to pay any per-acre 19890S0814B1626 - 11 -
1 reclamation fees or assessments established by the department 2 for the area covered by the proposal or permit application. In 3 addition, any permit application fee collected or assessed by 4 the department shall be returned or waived. 5 Section 4.11. Pennsylvania Reclamation and Remining 6 Program.--(a) The department shall establish a reclamation and 7 remining program to provide incentives and assistance to reclaim 8 abandoned mine lands and land that is subject to bond 9 forfeitures, including coal refuse piles. The department is 10 authorized to expend moneys from the Surface Mining Conservation 11 and Reclamation Fund and The Clean Water Fund for this program. 12 The program shall include, but not be limited to, the following 13 elements: 14 (1) The encouragement of the reclamation of abandoned mine 15 lands by active surface coal mine operators. 16 (2) The encouragement of the recovery of remaining coal 17 resources on abandoned mine lands and maximizing reclamation of 18 such lands in the process. 19 (3) The development of an operator qualification system. 20 (4) Provision for the removal of existing coal waste piles, 21 slurry ponds, impoundments, embankments and other areas 22 containing such waste materials; and encouraging the enhanced 23 use of coal waste materials as an alternative energy fuel. 24 (5) The encouragement of local government participation in 25 abandoned mine land agreements. 26 (b) (1) Notwithstanding any provision of law to the 27 contrary, the department may enter into no-cost reclamation 28 contracts in which the cost of reclamation is assumed by the 29 operator. Any licensed surface mine operator or coal mine 30 operator having no history of violations showing a lack of 19890S0814B1626 - 12 -
1 ability or intention to comply with this act or other Federal or 2 State environmental laws may make a proposal to reclaim 3 abandoned mine land or to remove a coal refuse pile. 4 (2) The removal of coal refuse shall not involve any 5 reprocessing of coal refuse or the return of coal refuse 6 material to the coal refuse disposal area from which the pile is 7 removed. 8 (3) Where the extraction of coal is necessary to physically 9 accomplish the reclamation of the abandoned mine land, the 10 department may authorize extraction of the coal without a valid 11 surface mining permit in accordance with regulations promulgated 12 by the department. 13 (c) Notwithstanding the provisions of subsection (b)(2), the 14 department may enter into no-cost reclamation contracts with the 15 owners or operators of projects which utilize coal waste 16 materials as an alternative fuel and which utilize coal waste 17 ash and coal waste materials in coal and noncoal land 18 reclamation activities provided that: 19 (1) The coal waste ash is generated from a circulating 20 fluidized bed combustion facility and does not have the 21 characteristics of a "hazardous waste" as defined pursuant to 22 the act of July 7, 1980 (P.L.380, No.97), known as the "Solid 23 Waste Management Act." 24 (2) The volume of backfill material is composed of less than 25 fifty per cent coal refuse removed as reject material in the 26 remining operation which is disposed together with coal waste 27 ash. 28 (d) The department shall prepare a report to the Senate 29 Environmental Resources and Energy Committee and the House 30 Conservation Committee of the House of Representatives on July 1 19890S0814B1626 - 13 -
1 of each year, giving a status report on activities covering the 2 department's reclamation and remining programs under this 3 section and sections 4.8, 4.9, 4.10 and 18 of this act. The 4 report shall include, but not be limited to: 5 (1) The number and names of operators participating in the 6 programs under sections 4.8, 4.9, 4.10 and this section and the 7 bond forfeiture reclamation programs under section 18. 8 (2) The number of acres of abandoned mine land, land subject 9 to bond forfeiture and coal refuse piles reclaimed. 10 (3) The dollar value of these reclamation activities. 11 (4) Recommendations for providing additional incentives for 12 the reclamation of areas previously mined. 13 (5) The comments of the Mining and Reclamation Advisory 14 Board on the annual report. 15 Section 5. Section 18(f) and (g) of the act, added October 16 12, 1984 (P.L.916, No.181), are amended to read: 17 Section 18. Surface Mining Conservation and Reclamation 18 Fund; Payments to Clean Water Fund.--* * * 19 (f) When [an] a licensed mine operator desires to reclaim 20 property on which the department has forfeited bonds for failure 21 to complete the reclamation plan or is granted a permit on 22 property contiguous to a property on which the department has 23 forfeited bonds for failure to complete the reclamation plan, 24 the operator or permittee shall be provided the opportunity to 25 make a proposal to complete the reclamation plan of the 26 forfeited bond area. The proposal shall contain estimated costs 27 and the necessary information upon which the department can 28 determine the cost effectiveness of the proposal. Upon receipt 29 of the proposal, the secretary may negotiate and enter into a 30 contract with the operator or permittee to complete the 19890S0814B1626 - 14 -
1 reclamation plan. A determination whether to negotiate shall be 2 made by the department within thirty (30) days of receipt of the 3 proposal; and contract negotiations shall begin within thirty 4 (30) days of the determination to negotiate. 5 (g) There is hereby created a Mining and Reclamation 6 Advisory Board to assist the secretary to expend the funds for 7 the purposes provided by this act and to advise the secretary on 8 all matters pertaining to mining and reclamation which shall 9 include, but not be limited to, experimental practices, 10 alternate methods of backfilling, selection of reclamation 11 projects, alternate reclamation methods, obligations for 12 preexisting pollution liability, alteration of reclamation 13 plans, reclamation fees and bonding rates and methods. 14 (1) The board shall be comprised of [three (3)] four (4) 15 coal operators, two (2) of whom shall be licensed bituminous 16 surface mine operators and [one (1)] two (2) of whom shall be 17 [a] licensed anthracite surface mine [operator] operators; four 18 (4) public members from the Citizens Advisory Council, who shall 19 be appointed by the council; one (1) member shall be a 20 representative of a corporate surety which issues reclamation 21 bonds in Pennsylvania; two (2) members, one (1) from the 22 Anthracite and Bituminous Licensed Professional Engineers and 23 one (1) from the County Conservation Districts, who shall be 24 appointed by the State Conservation District Commission; four 25 (4) members of the General Assembly, two (2) from the Senate, 26 one (1) member from the majority party and one (1) member from 27 the minority party, who shall be appointed by the President pro 28 tempore, and two (2) from the House of Representatives, one (1) 29 from the majority party and one (1) from the minority party, who 30 shall be appointed by the Speaker of the House of 19890S0814B1626 - 15 -
1 Representatives. 2 (2) The secretary shall [chair the Mining and Reclamation 3 Advisory Board and] appoint the members from the coal industry, 4 the member representing the corporate surety and the member from 5 the Anthracite and Bituminous Licensed Professional Engineers. 6 (3) All members shall be appointed for a term of two (2) 7 years, except that one-half of the initial members shall serve 8 for three (3) years. Board members shall not receive a salary, 9 but shall be reimbursed for all necessary expenses incurred in 10 the performance of their duties. 11 (4) [The board shall meet at times fixed by the secretary 12 but not less than once per year. The Mining and Reclamation 13 Advisory Board shall replace the Mining Advisory Committee and 14 any other committee construed to be advisory for matters 15 herein.] All actions of the board shall be by majority vote. The 16 board shall meet upon the call of the secretary, but not less 17 than quarterly, to carry out its duties under this act. The 18 board shall select from among its members a chairman and such 19 other officers as it deems appropriate. 20 (5) The board shall prepare an annual report on its 21 activities and submit the report to the Senate Environmental 22 Resources and Energy Committee and the House [Mines and Energy 23 Management] Conservation Committee. 24 (6) The department shall consult with the board in the 25 formulation, drafting and presentation of all regulations 26 promulgated under this act. The board shall be given a 27 reasonable opportunity to review and comment on all regulations 28 promulgated under this act prior to submission of such 29 regulations to the Environmental Quality Board for proposed and 30 final consideration. The written report of the board shall be 19890S0814B1626 - 16 -
1 provided to the Environmental Quality Board with any regulatory 2 proposal and final rulemaking. The chairman of the board shall 3 be invited to participate in the presentation of all regulations 4 promulgated under this act before the Environmental Quality 5 Board and to present the board's written report and answer 6 questions about its content. Nothing in this subsection shall 7 preclude any member of the board from filing a petition for 8 rulemaking with the Environmental Quality Board in accordance 9 with procedures established by the Environmental Quality Board. 10 * * * 11 Section 6. (a) The sum of $50,000 is hereby appropriated to 12 the Department of Environmental Resources for immediate deposit 13 into the Emergency Bond Fund to provide additional funds for 14 loans to qualified anthracite deep mine operators for bonds 15 required to obtain mining permits. 16 (b) The sum of $100,000 is hereby appropriated to the 17 Department of Environmental Resources for immediate deposit into 18 the Emergency Bond Fund to provide additional funds for loans to 19 qualified anthracite surface mine operators for bonds required 20 to obtain mining permits. 21 (c) The sum of $5,000,000, or as much thereof as may be 22 necessary, is hereby appropriated to the Pennsylvania Remining 23 Fund. 24 (d) The sum of $500,000, or as much thereof as may be 25 necessary, is hereby appropriated to the Department of 26 Environmental Resources for the Remining Operators' Assistance 27 Program. 28 Section 7. This act shall take effect as follows: 29 (1) Section 6 shall take effect on July 1, 1990. 30 (2) The remainder of this act shall take effect in 60 19890S0814B1626 - 17 -
1 days. A20L52RDG/19890S0814B1626 - 18 -