§ 1406.5. Permit; application; map or plan; bond or other security; filing; general rulemaking ...
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and MiningEffective: July 22, 2017
Effective: July 22, 2017
52 P.S. § 1406.5
§ 1406.5. Permit; application; map or plan; bond or other security; filing; general rulemaking authority; prevention of damage; mine stability; maintenance of use and value of lands
(a) Before any bituminous coal mine subject to the provisions of this act is opened, reopened, or continued in operation, the owner, operator, lessor, lessee, general manager, superintendent or other person in charge of or having supervision over such mine or mining operation shall apply to the Department of Environmental Resources, on a form prepared and furnished by the department, for a permit for each separate bituminous coal mine or mining operation. As a part of such application for a permit the applicant shall furnish, in duplicate, a map or plan of the scale and in a manner in accordance with rules and regulations of the Department of Environmental Resources showing the location of the mine or mining operation, the extent to which mining operations presently have been completed, and the extent to which mining operations will be conducted under the permit being requested. Such map or plan shall show the boundaries of the area of surface land overlying the mine or mining operation, the location and/or designation of all structures in place on the effective date of this act which overlie the proposed mine or mining operation, the name of the record owner or owners of said surface structures, the location of all bodies of water, rivers and streams, roads and railroads, and the political subdivision and county in which said structures are located. Such map or plan shall include, in addition to the information specified above, such information on the character of the mining operation, overburden, rock strata, proximity of and conditions in overlying or underlying coal seams and other geological conditions as the department, by rules and regulations, shall direct. The department shall have the power to require the updating of such maps from time to time as it shall prescribe by rule and regulation. The map or plan must set forth a detailed description of the manner, if any, by which the applicant proposes to support the surface structures overlying the bituminous mine or mining operation. Upon receipt of such application in proper form the department shall cause a permit to be issued or reissued if, in its opinion, the application discloses that sufficient support will be provided for the protected structures and that the operation will comply with the provisions of this act and the rules and regulations issued thereunder. All permits issued under this act shall contain such terms and shall be issued for such duration as the department may prescribe.
(b) The department shall require the applicant to file a bond or other security as recited in section 6(a),1 to insure the applicant's faithful performance of mining or mining operations.
(c) At the time an application under this act is filed with the department, the owner, operator, lessor, lessee, general manager, superintendent, or other person in charge of or having supervision over such mining operation shall immediately file a copy of said application with the recorder of deeds of each county where such mining operation is located. Notice of such filing shall be given within five days by the applicant to each political subdivision where such mining operation is or will be conducted.
(d) A bituminous coal mine in operation on April 27, 1966 may continue mining operations if an application for a permit covering such operations shall have been filed as heretofore required; provided that no person shall be required to suspend the operation of any coal mine or mining operation which is being conducted on the effective date of this act for a period during which the forms for applying for a permit are not available, and for a period of one hundred twenty days thereafter.
(e) An operator of a coal mine subject to the provisions of this act shall adopt measures and shall describe to the department in his permit application measures that he will adopt to prevent subsidence causing material damage to the extent technologically and economically feasible, to maximize mine stability, and to maintain the value and reasonable foreseeable use of such surface land: Provided, however, That nothing in this subsection shall be construed to prohibit planned subsidence in a predictable and controlled manner or the standard method of room and pillar mining.
(2) the applicant has shown a lack of ability or intention to comply with any provision of this act or any of the acts repealed or amended hereby as indicating by past or continuing violations. Any person, partnership, association or corporation which has engaged in unlawful conduct as defined in section 17.12 or which has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has engaged in such unlawful conduct shall be denied any permit required by this act unless the permit application demonstrates that the unlawful conduct is being corrected to the satisfaction of the department. Persons other than the applicant, including independent subcontractors who are proposed to operate under the permit shall be listed in the application and those persons shall be subject to approval by the department prior to their engaging in activities subject to this act, and such persons shall be jointly and severally liable with the permittee for such violations as described in this subsection as the permittee is charged and in which such persons participate.
(g) Public notice of every application for a permit or bond release under this act shall be given by notice published 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 such requirements regarding public notice and public hearings on permit applications and bond releases as it deems appropriate. For the purposes of these public hearings, the department shall have the authority and is hereby empowered to administer oaths, subpoena witnesses, or written or printed materials, compel the attendance of witnesses, or production of witnesses, or production of materials, and 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. Any person having an interest which is or may be adversely affected by any action of the department under this section may proceed to lodge an appeal with the Environmental Hearing Board in the manner provided by law, and from the adjudication of said board such person may further appeal as provided by Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).
<Section 3 of Act 2017, July 22, P.L. 345, No. 32, provides that the addition of subsec. (i) by that Act shall apply to all permits issued under the Bituminous Mine Subsidence and Land Conservation Act after October 8, 2005.>
(i) In a permit application to conduct bituminous coal mining operations subject to this act, planned subsidence in a predictable and controlled manner which is not predicted to result in the permanent disruption of premining existing or designated uses of surface waters of the Commonwealth shall not be considered presumptive evidence that the proposed bituminous coal mining operations have the potential to cause pollution as defined in section 1 of the act of June 22, 1937 (P.L. 1987, No. 394),3 known as “The Clean Streams Law.”
<Section 3 of Act 2017, July 22, P.L. 345, No. 32, provides that the addition of subsec. (j) by that Act shall apply to all permits issued under the Bituminous Mine Subsidence and Land Conservation Act after October 8, 2005.>
(1) a person submits an application to conduct bituminous mining operations subject to this act to the department that provides for the restoration of the premining range of flows and restoration of premining biological communities in any waters of this Commonwealth predicted to be adversely affected by subsidence. The restoration shall be consistent with the premining existing and designated uses of the waters of this Commonwealth; and
Credits
1966, Sp.Sess. No. 1, April 27, P.L. 31, § 5. Amended 1980, Oct. 10, P.L. 874, No. 156, § 1, imd. effective; 1994, June 22, P.L. 357, No. 54, § 4, effective in 60 days. Affected 2000, Dec. 20, P.L. 980, No. 138, § 2, effective in 60 days. Amended 2017, July 22, P.L. 345, No. 32, § 1, imd. effective.
52 P.S. § 1406.5, PA ST 52 P.S. § 1406.5
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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