act-1959-0-729•Pennsylvania Act 1959-729 — PROHIBITING MINING IN CERTAIN AREAS
Pennsylvania Act 1959-729 — PROHIBITING MINING IN CERTAIN AREAS
act-1959-0-7291959 Pa. Act 729Law
Act text
PROHIBITING MINING IN CERTAIN AREAS
Act of Dec. 22, 1959, P.L. 1994, No. 729 Cl. 52
AN ACT
Prohibiting mining in certain areas without prior approval by
the Department of Mines and Mineral Industries; establishing
standards for the approval of plans for mining in such areas;
imposing powers and duties on the mine foremen and the
Department of Mines and Mineral Industries; and providing
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Compiler's Note: Section 3101 of Act 55 of 2008 provided
that Act 729 is repealed to the extent that Act 729
applies to bituminous coal mines.
Section 1. Establishment of Safety Zones.--A safety zone is
hereby established beneath and adjacent to every stream, river
and natural or artificial body of water in the Commonwealth that
is sufficiently large to constitute a hazard to mining in the
opinion and in the discretion of the department. Such safety
zone shall, in the case of such streams and rivers, extend
horizontally two hundred feet from the high water mark of each
bank. In the case of any other body of water sufficiently large
to constitute a hazard to mining in the opinion and in the
discretion of the department, it shall extend horizontally two
hundred feet from the known perimeter. In any case, the zone
shall extend downward to the limit of the workable beds.
Section 2. Written Authorization Needed to Mine Within
Safety Zone.--(a) No mining or removal of minerals whatsoever
shall be permitted within the safety zone unless authorization
is specifically granted in advance and in writing by the
Department of Mines and Mineral Industries.
(b) Such authorization shall only be granted upon
application of the operator and/or the lessor. Such application
shall be accompanied by four copies of a plan of the proposed
mining operation. The plan shall indicate the thickness of the
unconsolidated strata, the thickness of the rock strata and coal
beds overlying the bed to be mined, the thickness of the bed,
the widths of the openings to be made and the width of the
pillars to be left, and any other special features that may be
deemed necessary as affecting the contemplated first mining.
(c) The Department of Mines and Mineral Industries shall
make periodic examinations to determine the accuracy of all
plans, maps and drawings submitted to them under the provisions
of this act.
Section 3. Requirements for Plan Approval.--In no instance
will any plan be approved if there is less than thirty-five feet
of rock cover. Factors considered in plan approval shall include
thickness of bed, width of mine openings, width of pillars and
such other factors as are deemed applicable by the Department of
Mines and Mineral Industries.
Section 4. Pillar Recovery.--No pillar recovery shall be
undertaken until such time as the plans are approved by the
Department of Mines and Mineral Industries. Application for
pillar recovery shall be accompanied by four copies of the plan
which shall include such information as shall be determined by
the department. The approval or disapproval shall be based on
the factors of depth, the thickness of the bed, the percentage
of pillars proposed to be extracted and to be left, the effect
on pillars remaining in overlying beds, and any other special
features that may be deemed necessary by the department.
Section 5. Proof of Rock Cover.--(a) Proof of the existence
of thirty-five feet of rock cover shall accompany any plans
submitted.
(b) Said proof of rock cover is to be ascertained by test
holes drilled on intersecting lines forming rectangles or
squares where the cover thickness is less than fifty feet. These
holes shall be drilled on spacing of not more than thirty-five
feet centers.
Section 6. Copies of Plans and Proof of Rock Cover to be
Signed.--All copies of the aforementioned plans and proof of
rock cover must indicate the location of the test holes and the
depth of the rock cover, and they must be signed before
submission to the Department of Mines and Mineral Industries by
a Registered Mining Engineer representing the operator and a
Registered Mining Engineer of the lessor and/or owner.
Section 7. Approval or Disapproval of Plans.--(a) After
examination and approval of the plans by a Registered Mining
Engineer for the Department of Mines and Mineral Industries and
the secretary of the department, they shall sign all copies. The
original shall be retained in the department, one copy shall be
forwarded to the State mine inspector for the area in which the
mining is to be carried on, one copy is to be forwarded to the
Registered Mining Engineer representing the operator and/or
lessor or owner, and one copy is to be forwarded to the
operator.
(b) If the plan is disapproved, the Registered Mining
Engineer for the Department of Mines and Mineral Industries and
the secretary of the department shall note their reasons and
attach a copy to each set of plans. One copy of the plan shall
then be returned to the operator, one to the State mine
inspector for the area, one to the Registered Mining Engineer
for the operator and/or owner or lessor and one shall be
retained by the department.
Section 8. Notice to Miners Working Within the Safety
Zone.--After approval of the plan by the Department of Mines and
Mineral Industries, no mining or removal of minerals may begin
within the safety zone until the mine foreman has conspicuously
posted a notice on the outside of the mine and has orally
notified each miner affected that he is working in the safety
zone.
Section 9. Penalties.--Any agent of the mine operator or any
of its officers or supervisory employes, or any agent of the
owner or any of the owner's officers or supervisory employes, if
said owner engages in active supervision and control over the
operator, or any mine inspector who by acts of commission or
omission, wilfully and knowingly violates any provisions of this
act, and the act of commission or omission is the contributory
cause of an incident which results in death or serious bodily
harm of anyone lawfully in the mine, shall be guilty of a
felony, and, upon conviction, be sentenced to pay a fine of not
more than five thousand dollars ($5,000) and undergo
imprisonment for a period not exceeding three years, or both.
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