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§ 3310. Public notice; informal conferences; and public information

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 28. Noncoal Surface Mining Conservation and Reclamation Act (Refs & Annos)
52 P.S. § 3310
§ 3310. Public notice; informal conferences; and public information
(a) General rule.--The applicant shall give public notice of every application for a permit and every application for final bond release under this act in a newspaper of general circulation, published in the locality where the permit is applied for, once a week for four consecutive weeks. The department shall prescribe requirements regarding public notice and public hearings on permit applications and final bond releases as it deems appropriate. However, increments within the original permit area upon which operations are initiated shall not be treated as original permit applications with regard to the requirements of this subsection so long as the original permit is in full force and effect at the time the operations are initiated. For the purpose of these public hearings, the department shall have the authority to take evidence, including, but not limited to, inspections of the land proposed to be affected and other operations carried on by the applicant in the general vicinity.
(b) Right to file objections.--Any person having an interest that is or may be adversely affected shall have the right to file written objections to the proposed permit application or final bond release within 30 days after the last publication of the above notice, which shall conclude the public comment period. The objections shall immediately be transmitted to the applicant by the department. If written objections are filed and an informal conference or a public hearing is requested during the public comment period, the department shall then hold an informal conference or a public hearing in the locality of the surface mining operation within 30 days of the request for a conference or hearing for bond release or within 60 days of the last publication of the notice for a permit application.
(c) Date of hearing or conference on final bond release application.--In the case of final bond release applications, the hearing or conference shall be held within 30 days from the date of request for the hearing or conference. However, all requests for the hearings or conferences that are filed prior to the tenth day following the final date of publication shall have a constructive date of filing as of the tenth day following the final date of publication of the notice. The department shall notify the applicant of its decision within 30 days of the hearing or conference. If there has been no conference or hearing, the department shall notify the applicant for a final bond release of its decision within 60 days of the date of the filing of the application. In the case of permit applications, the hearings or conferences shall be conducted within 60 days of the close of the public comment period. The department, within 60 days of the hearing or conference, shall notify the applicant of its decision to approve or disapprove or of its intent to disapprove unless the applicant submits additional information, within a stated time, to resolve deficiencies. If there has been no informal conference or hearing, the department shall notify the applicant for a permit, within a reasonable time not to exceed 60 days of the close of the public comment period, of the deficiencies in the application or whether the application has been approved or disapproved.
(d) Copy of application to be filed.--Subject to the confidentiality provisions of subsection (e), each applicant for a permit under this act shall file a copy of his application for public inspection with the recorder of deeds at the courthouse of the county, or an appropriate public office approved by the department, where the mining is proposed to occur.
(e) Public records.--All papers, records and documents of the department and applications for permits pending before the department shall be public records open to inspection during business hours. However, information which pertains only to the analysis of the chemical and physical properties of the mineral (excepting information regarding the mineral or elemental content that is potentially toxic to the environment) shall be kept confidential and shall not be made a matter of public record.

Credits

1984, Dec. 19, P.L. 1093, No. 219, § 10, effective in 60 days.
52 P.S. § 3310, PA ST 52 P.S. § 3310
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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