(1) “Abatement plan” shall mean, for the purposes of section 6.2 of this act,¹ any individual technique or combination of techniques, the implementation of which will result in reduction of the baseline pollution load.

(1.1) “Actual improvement” shall mean, for the purposes of section 6.2 of this act, the reduction of the baseline pollution load resulting from the implementation of the approved abatement plan except that any reduction of the baseline pollution load achieved by water treatment may not be considered as actual improvement: Provided, however, That treatment approved by the department of the coal refuse before, during or after placement in the coal refuse disposal area shall not be considered to be water treatment.

(1.2) “Air pollution” and “water pollution” shall, respectively, have the definitions ascribed to them under applicable laws, as amended, from time to time.

(1.3) “Alternative dispute resolution” shall mean the procedure for dispute resolution provided in section 6.5.²

(1.4) “Baseline pollution load” shall mean, for the purposes of section 6.2 of this act, the characterization of the pollutional material being discharged from or on the pollution abatement area, described in terms of mass discharge for each parameter deemed relevant by the department, including seasonal variations and variations in response to precipitation events.

(1.5) “Best technology” means, for the purposes of section 6.2 of this act, measures and practices which will abate or ameliorate, to the maximum extent possible, discharges from or on the pollution abatement area.

(1.6) “Board” shall mean the Coal Bed Methane Review Board established in section 6.4³ of this act.

(1.7) “Coal bed methane” shall mean gas which can be produced from a coal seam, a mined-out area or a gob well.

(1.8) “Coal bed methane well” shall mean a hole or well which is sunk, drilled, bored or dug into the earth for the production of coal bed methane from a coal seam, a mined-out area or a gob well for consumption or sale. The term includes a horizontal borehole. The term does not include any of the following:

(2) “Coal refuse” means any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay and related materials, associated with or near a coal seam, which are either brought above ground or otherwise removed from a coal mine in the process of mining coal or which are separated from coal during the cleaning or preparation operations. Coal refuse shall not mean overburden from surface mining operations.

(2.1) “Coal refuse disposal activities” shall mean, for the purposes of section 6.2 of this act, the storage, dumping or disposal of any waste coal, rock, shale, slurry, culm, gob, boney, slate, clay, underground development wastes, coal processing wastes, excess soil and related materials, associated with or near a coal seam, which are either brought above ground or otherwise removed from a coal mine in the process of mining coal or which are separated from coal during the cleaning or preparation operations. The term shall not include the removal or storage of overburden from surface mining activities.

(3) “Coal refuse disposal area” means any general area or plot of land used as a place for disposing, dumping or storage of coal refuse and all land thereby affected, including but not limited to any deposit of coal refuse on or buried in the earth and intended as permanent disposal of or long-term storage of such material, but not including coal refuse deposited within an active mine itself or coal refuse never removed from a mine, and all other land area in which the natural land surface has been disturbed as a result of or incidental to the coal refuse disposal activities of the operator, including but not limited to, private ways and roads appurtenant to any such area, land excavations, workings, tailings, repair areas, storage areas, processing areas, shipping areas, and areas in which structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, coal refuse disposal operations are situated.

(4) “Department” means the Department of Environmental Resources.

(5) “Maintain” means the maintenance of the site for as long as necessary after completion of the operation to prevent health, safety or pollution hazards or nuisances from occurring. Maintenance shall include but not be limited to repair of cracks or fissures, repair of areas where settling occurs, repair of erosion areas, treatment of acid drainage or runoff, extinguishment of fires or hot spots, reseeding and soil treatment until adequate vegetative cover is established.

(6) “Municipality” shall be construed to include any county, city, borough, town, township, school district, institution, or any authority created by any one or more of the foregoing.

(7) “Operate” means to enter upon a coal refuse disposal area for the purpose of disposing, storage or dumping coal refuse except for the purpose of reclaiming or removing coal refuse, ashes, or red dog or other material from a coal refuse disposal area pursuant to the requirements of the act of May 31, 1945 (P.L. 1198, No. 418), known as the “Surface Mining Conservation and Reclamation Act.”

(8) “Operator” means any person operating any coal refuse disposal area, or part thereof.

(9) “Person” shall be construed to include any natural person, partnership, association or corporation or any agency, instrumentality or entity of Federal or State Government. Whenever used in any section or clause prescribing and imposing a penalty, or imposing a fine or imprisonment, or both, the term “person” shall not exclude the members of an association and the directors, officers or agents of a corporation.

(9.1) “Pollution abatement area” shall mean, for the purposes of section 6.2 of this act, that part of the permit area which is causing or contributing to the baseline pollution load, which shall include adjacent and nearby areas that must be affected to bring about significant improvement of the baseline pollution load and which may include the immediate location of the discharges.

(10) “Property” means real or personal property.

(10.1) “Public recreational impoundment” means a closed basin, naturally formed or artificially built, which is dammed or excavated for the retention of water and which is owned, rented or leased by the Federal Government, the Commonwealth or a political subdivision of the Commonwealth and which is used for swimming, boating, water skiing, hunting, fishing, skating or other similar activities.

(11) “Secretary” means the head of the Department of Environmental Resources.

(12) “Stability” means the maintenance of a condition which prevents danger to the safety, health or welfare of persons, property or public roads or highways because of slipping, shifting or sliding of coal refuse deposited on coal refuse disposal areas.

(13) “Surface owner” shall mean a person who owns any of the following interests in the surface upon which a coal bed methane well or associated access road may be constructed:

The term does not include:

(i) The Federal or State Government or any agency or political subdivision thereof.

(ii) A person who is entitled to royalties for removal or recovery of coal bed methane.

(iii) A person who owns a lease, easement, right-of-way, license, privilege or other similar interest in the surface.

(14) “Well operator” shall mean a person who has filed or who is required to file for a well permit under the act of December 19, 1984 (P.L. 1140, No. 223),⁶ known as the “Oil and Gas Act.”

(15) “Well permit” shall mean a well permit issued pursuant to the act of December 19, 1984 (P.L. 1140, No. 223), known as the “Oil and Gas Act.”