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§ 1396.4i. Designating areas suitable for reclamation by remining

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 15. Surface Mining Conservation and Reclamation Act (Refs & Annos)
52 P.S. § 1396.4i
§ 1396.4i. Designating areas suitable for reclamation by remining
Currentness
(a) The department may, pursuant to the interim program established by this section, designate areas of this Commonwealth suitable for reclamation by remining surface mining activities, including bond forfeiture areas, where the department determines that reclamation pursuant to the requirements of this act is technologically and economically feasible. This section shall constitute an interim program allowing the department to declare areas suitable for remining pursuant to the criteria in subsection (b). The Environmental Quality Board may by regulation, promulgate criteria and procedures, in addition to the interim criteria and procedures set forth in this section, for declaring an area suitable for remining.
(b) In designating areas suitable for reclamation by remining, the department shall consider the following:
(1) Those lands which were affected by surface or deep mining activities, including coal refuse piles, and which are causing or contributing to the pollution of the waters of this Commonwealth.
(2) Areas which if remined would result in enhancement of nearby recreation, natural or scenic areas.
(3) Areas where remining would result in significant environmental and economic or social enhancement of the surrounding region.
(4) Areas that do not meet water quality standards but which if remining occurs are likely to maintain or enhance existing downstream water uses and meet water quality standards and which will not cause further degradation of receiving stream water quality.
(5) The presence of economically viable coal reserves in an area which could be extracted by surface mining activities with reclamation being technologically and economically feasible.
(c)(1) The department may accept proposals for declaring areas suitable for reclamation by remining from any person or the department may propose areas itself. Prior to the department's accepting a proposal to declare an area suitable for remining pursuant to the criteria in subsection (b), the person proposing designation of an area as suitable for remining must:
(i) if the petitioner is a coal operator, agree to provide drilling services to obtain information necessary for the department to determine whether an area should be declared suitable for remining; or
(ii) describe in his proposal in technical detail how the proposed area meets the criteria set forth in this section for designation.
(2) The department shall determine within thirty (30) days whether to accept the proposal for further study.
(3) The department shall prepare a detailed report on the proposed area within two hundred forty (240) days of its acceptance of a proposal for study based on the criteria outlined in subsection (b). The report shall contain enough background information on the proposed area to allow a mine operator to directly use its contents in the preparation of a proposal or permit application to remine all or part of the area.
(4) Prior to making any designation, the department will publish a notice in the Pennsylvania Bulletin establishing a public comment period of at least thirty (30) days on the report. The comment period shall also be advertised at least once a week for two weeks in a newspaper of general circulation in the proposed designation area.
(5) No later than twelve (12) months after its acceptance of a proposed area for study, the department will make a decision on whether to designate an area as suitable for remining.
(d) The designation of an area as suitable for remining creates no presumption that a mining permit will be issued in a designated area. Applicants for mining permits in areas designated suitable for remining must demonstrate to the department's satisfaction that all requirements of the acts and regulations promulgated thereunder, relating to permit issuance, have been met prior to permit issuance.
(e) The special account established in the Remining Environmental Enhancement Fund for the areas suitable for remining program shall be the sole source of funds for the program, and the Commonwealth shall not be obligated to expend any funds beyond the amount of the special account.

Credits

1945, May 31, P.L. 1198, No. 418, § 4.9, added 1992, Dec. 18, P.L. 1384, No. 173, § 8, effective in 60 days.
52 P.S. § 1396.4i, PA ST 52 P.S. § 1396.4i
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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