Bill Text: PA SB898 | 2011-2012 | Regular Session | Introduced


Bill Title: Further providing for temporary cessation and for local ordinances.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2011-05-24 - Re-referred to APPROPRIATIONS [SB898 Detail]

Download: Pennsylvania-2011-SB898-Introduced.html

  

 

    

PRINTER'S NO.  915

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

898

Session of

2011

  

  

INTRODUCED BY TOMLINSON, M. WHITE, FONTANA AND EICHELBERGER, MARCH 25, 2011

  

  

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 25, 2011  

  

  

  

AN ACT

  

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Amending the act of December 19, 1984 (P.L.1093, No.219),

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entitled "An act relating to noncoal surface mining

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conservation and reclamation," further providing for

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temporary cessation and for local ordinances.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 13 and 16 of the act of December 19,

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1984 (P.L.1093, No.219), known as the Noncoal Surface Mining

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Conservation and Reclamation Act, are amended to read:

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Section 13.  Temporary cessation.

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(a)  General rule.--Except with the express written approval

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of the department as provided in subsection (b), the operator

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shall maintain mining and reclamation equipment on the site at

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all times, shall conduct an active operation and shall conduct

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surface mining operations on the site on a regular and

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continuous basis.

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(b)  Application for temporary cessation.--Before temporary

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cessation of operations, the operator shall submit a written

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application to the department, including a statement of the

 


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number of acres that have been affected, the reason for

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cessation, the date on which temporary cessation is anticipated

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and the date on which the operator anticipates that operations

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will resume. Except as provided in subsection (c), the

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department may not approve the temporary cessation of an

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operation for a period exceeding 90 days unless [the cessation

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is due to seasonal shutdown or labor strikes.] one of the

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following applies:

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(1)  The cessation is due to seasonal shutdown or labor

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strikes.

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(2)  Litigation precludes active surface mining

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operations.

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(3)  There are conditions which were beyond the control

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and without the fault or negligence of the permittee.

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(c)  Operations producing highway or construction

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aggregates.--For operations producing highway or construction

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aggregates, where the temporary cessation is due to the absence

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of a current regional market for the mineral being mined,

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temporary cessation may not exceed five years.

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(d)  Cessation not a release of obligations.--Temporary

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cessation shall not relieve the operator of his obligation to

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comply with the provisions of this act, the regulations

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promulgated hereunder and the conditions of his permit,

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including, but not limited to, compliance with all applicable

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environmental protection performance standards.

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Section 16.  Local ordinances.

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Except with respect to zoning ordinances adopted pursuant to

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Article VI of the act of July 31, 1968 (P.L.805, No.247), known

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as the Pennsylvania Municipalities Planning Code, all local

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ordinances and enactments purporting to regulate surface mining

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are hereby superseded. The Commonwealth, by this enactment,

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hereby preempts the regulation of surface mining as herein

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defined.

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Section 2.  The amendment of section 16 of the act shall

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apply to any subdivision and land development plan pending on or

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after the effective date of this section.

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Section 3.  This act shall take effect immediately.

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