PRIORH1557B1996A02178 PRINTER'SBIL:JMT 06/18/19 #90 A02178 AMENDMENTS TO HOUSE BILL NO.

19961557 PRINTER'SSponsor: NO.

2193REPRESENTATIVE THEGABLER GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

15571996 2019Amend INTDUNBAR,Bill, IRVIN,page KAIL,2, METCALFE,line METZGAR,2, MOUL,by O'NEAL,,inserting ORTITAY,after PYLE,"amended" ROAE,and SANKEY,the SNYDER,section STRUZZI,is FRITZ,amended HEFFLEY,by MASSER,adding KORTZ,a TOPPER,subsection MARSHALL,Amend SCHEMEL,Bill, ZIMMERMAN,page COOK,2, NELSONline AND7, WARNER,by JUNEinserting 4,after 2019"refuse" ASand JUNEshall 19,allow 2019CONDfor CONSIDERATION,revegetation HOUSEand OF REPRESENTATIVES, AN ACT Ameentitled "An act providing for the protectionprevention of theerosion safety,Amend healthBill, andpage welfare2, oflines the9 people,through property17, andby publicstriking roadsout and", highwaysas phases of the Commonwealth from conditions on coal refuse disposaldisposal" areas,in orline parts9 thereof, which fail to comply with the established rules, regulations or quality standards adopted to avoid air or water pollution or to protect water supplies, and fromall the danger of slipping,lines sliding10 orthrough burning17 ofand coalinserting refuse[,]: disposal areas, or parts thereof, sometimes caused by the storage of coal refuse;

prescribing(1) foras andphases regulatingof the operation of coal refuse disposal areas,area andreach partscapacity[,]; thereof;

prescribing(2) theas powersspecified ofin the Departmentpermit[,]; of Environmental Resources with respect thereto;

providing(3) forwhen the poweroperator totemporarily enjoinceases the operation of the coal refuse disposal areas,area for a period in excess of ninety days unless the department[, for reasons of a labor strike or partsbusiness thereof,necessity,] whichapproves contain[a] certainan conditions;operator's request for a longer period [that shall not exceed one year];

providingor for(4) civilwhen andthe criminaloperator penalties;permanently ceases operation of the coal refuse disposal area.

authorizing[The system shall allow for revegetation and the cases;prevention of erosion.] (j) For the purposes of this act and the Amend Bill, page 2, line 23, by inserting after "1977." However, the department may promulgate regulations to provide for the connection of coal refuse or related material to the coal refuse disposal area.

establishing2019/90BIL/HB1557A02178 a- permit1 system,- authorizing the adoption of rules and regulations, establishing minimum standards ;

requiring bonds and for the maintenance of primary jurisdiction over surface coal mining in Pennsylvania;

providing incentives for coal refuse disposal activities on previously affected areas;

and providing for coal refuse disposal research," further providing for designating areas unsuitable for coal refuse disposal.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.

Section 6.1(i) of the act of September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act, is amended AND THE SECTION IS AMENDED BY ADDING A <-- SUBSECTION to read:

Section 6.1.

Designating Areas Unsuitable for Coal Refuse Disposal.--* * * (i) All new coal refuse disposal areas shall include a system to prevent adverse impacts to surface and ground water and to prevent precipitation from contacting the coal refuse AND <-- SHALL ALLOW FOR REVEGETATION AND THE PREVENTION OF EROSION.

The system for preventing precipitation from contacting the coal refuse shall be installed, as phases of the coal refuse disposal <-- area reach capacity, as specified in the permit, when the operator temporarily ceases operation of the coal refuse disposal area [for a period in excess of ninety days unless the department, for reasons of a labor strike or business necessity, approves a longer period that shall not exceed one year] or when the operator permanently ceases operation of the coal refuse disposal area.

The system shall allow for revegetation and the prevention of erosion.

For the purposes of this act and the[,]:

<-- (1) AS PHASES OF THE COAL REFUSE DISPOSAL AREA REACH CAPACITY[,];

(2) AS SPECIFIED IN THE PERMIT[,];

(3) WHEN THE OPERATOR TEMPORARILY CEASES OPERATION OF THE COAL REFUSE DISPOSAL AREA FOR A PERIOD IN EXCESS OF NINETY DAYS UNLESS THE DEPARTMENT[, FOR REASONS OF A LABOR STRIKE OR BUSINESS NECESSITY,] APPROVES [A] AN OPERATOR'S REQUEST FOR A LONGER PERIOD [THAT SHALL NOT EXCEED ONE YEAR];

OR (4) WHEN THE OPERATOR PERMANENTLY CEASES OPERATION OF THE COAL REFUSE DISPOSAL AREA.

[THE SYSTEM SHALL ALLOW FOR 20190HB1557PN2193 - 2 - REVEGETATION AND THE PREVENTION OF EROSION.] (J) FOR THE PURPOSES OF THIS ACT AND THE policies, rules and regulations and standards adopted pursuant to this act, the requirements pertaining to temporary cessation of coal refuse disposal areas shall be in conformance with regulations and standards adopted by the Office of Surface Mining Reclamation and Enforcement pursuant to Federal law, namely the Surface Mining Control and Reclamation Act of 1977.

HOWEVER, THE <-- DEPARTMENT MAY PROMULGATE REGULATIONS TO PROVIDE FOR THE CONNECTION OF COAL REFUSE OR RELATED MATERIAL TO THE COAL REFUSE DISPOSAL AREA.

Section 2.

This act shall take effect in 60 days.

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