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§ 681.14. Planting surface of spoil banks and backfills

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 9. Anthracite Strip Mining and Conservation Act
52 P.S. § 681.14
§ 681.14. Planting surface of spoil banks and backfills
In all cases in which the Secretary of Mines and Mineral Industries1 shall find as a fact that the planting of such areas is reasonable, practicable and likely to succeed, the peaks and ridges of such spoil banks shall be leveled and rounded off to such an extent as will permit the planting or trees, grasses, or grasses and trees or grasses and shrubs. Within one (1) year after the strip mining operation on the premises is terminated, the operator shall plant trees, grasses, or grasses and trees or grasses and shrubs, upon the surface of the spoil banks and the surface of backfills. Any operator, however, may at his option pay to the Department of Mines and Mineral Industries the sum of one hundred fifty dollars ($150) per acre for each acre of such surface of spoil banks and backfillings, and thereby shall be released from any duty to plant as herein provided. The moneys so paid from time to time shall be placed in a special fund in the hands of the Treasury Department of the Commonwealth and shall be used by the Department of Mines and Mineral Industries to pay the cost of planting such trees, grasses or grasses and trees or grasses and shrubs, and the supervision of such work and all other expenses necessary for or connected with such planting, and are hereby appropriated to the Department of Mines and Mineral Industries for such purposes. Any moneys remaining unused after such planting may be used for planting any other lands affected by strip mining of anthracite coal. All planting, required by this act to be done by the operator, shall be done subject to the supervision and approval of the Secretary of Mines and Mineral Industries. If, upon inspection, the Secretary of Mines and Mineral Industries does not approve the planting, he shall notify the operator in writing setting forth the objections2 and after a hearing shall order the planting to be completed in accordance with his final decision.

Credits

1947, June 27, P.L. 1095, § 14. Amended 1953, July 2, P.L. 338, § 2; 1953, Aug. 19, P.L. 1112, § 1; 1961, Sept. 2, P.L. 1194, § 8; 1963, Aug. 13, P.L. 781, § 9; 1970, Nov. 25, P.L. 748, No. 243, § 1.

Footnotes

The Department of Mines and Mineral Industries was abolished and its powers and duties transferred to the Department of Environmental Resources. See 71 P.S. §§ 510-1, 510-15 and 510-103.
“objection” in original.
52 P.S. § 681.14, PA ST 52 P.S. § 681.14
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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