Pennsylvania Act 1913-857 — MINING REGULATED

Act text

AN ACT

Regulating the mining out and removing of the coal and other minerals and support underlying and beneath the surface of the several streets, avenues, thoroughfares, courts, alleys, places, and public highways within the limits of the several municipal corporations, and authorizing the creation of a Bureau of Mine Inspection and Surface Support by any municipal corporation, within the anthracite coal fields of this Commonwealth, and giving such bureau jurisdiction, and providing for the filing of certain maps and plans, and providing a penalty for violation thereof.

Compiler's Note: Section 4701 of Act 317 of 1931 provided that Act 857 is repealed insofar as it relates to third class cities.

Compiler's Note: Section 1301(c) of Act 192 of 1915 provided that Act 857 is repealed insofar as it relates to boroughs.

Section 1. Be it enacted, &c., That every municipal corporation within the limits of the anthracite region of this Commonwealth may, by ordinance, create a Bureau of Mine Inspection and Surface Support, which in cities of the first and second class shall be attached to the Department of Public Works, and under the supervision and control of the Director of said Department.

Section 2. Said bureau shall consist of one practical mining engineer, to be appointed by the chief executive of such municipal corporations, with the consent of councils, and such other assistants, clerks, and employees as may be provided for by councils, and shall be paid such compensation as councils may provide.

Section 3. The members of the Bureau of Mine Inspection and Surface Support, shall have the right and power to enter, inspect, examine, and survey any mine or colliery within the limits of the municipality, at all reasonable times, either by day or night, but not so as to impede or obstruct the workings of the mine or colliery; and shall have power to take such other persons as may be necessary for the purpose of making such examination or survey; and the owner, operator, or superintendent of such mine or colliery is hereby required to furnish the means necessary for such entry, inspection, examination, survey, and exit.

Section 4. The owner, operator, or superintendent, of every coal-mine or colliery shall, within three months after the passage and approval of an ordinance by any municipal corporation in this Commonwealth creating a Bureau of Mine Inspection and Surface Support, authorized by this act, make or cause to be made and furnished to the Bureau of Mine Inspection and Surface Support an accurate map or plan of the workings or excavations of such coal-mine or colliery, on a scale of one hundred feet to the inch; which map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet, and the tunnels and passages connecting with such workings or excavations. It shall state in degrees the general inclination of the strata, with any material deflection therein in said workings or excavations, and shall also state the tidal elevations of the bottom of each and every shaft, slope, tunnel, and gangway, and of any other point in the mine or on the surface where such elevation shall be deemed necessary by the Bureau of Mine Inspection and Surface Support. The map or plan shall show the number of the last survey station, and date of each survey on the gangways or the most advanced workings.

Section 5. Every mine owner, operator, or superintendent shall place or cause to be placed upon the map of the Bureau of Mine Inspection and Surface Support of each municipality, at least once in every three months, the plan of all extensions made in any mine, within the limits of such municipality, during the three months preceding, except those made immediately within thirty days from the time of placing such extensions upon said map.

Section 6. It shall be unlawful for any person, firm, association, or corporation to dig, mine, remove, or carry away the coal, rock, earth, or other minerals or materials forming the natural support of the surface, beneath the streets, avenues, thoroughfares, courts, alleys, places, and public highways of any municipal corporation within this Commonwealth, to such an extent and in such a manner as to thereby remove the necessary adequate support of the surface against subsidence, without having first placed, built, erected, and constructed sufficient adequate and permanent artificial support, in place and stead thereof, to maintain, uphold, and preserve the stability of the surface of said streets, avenues, thoroughfares, courts, alleys, places, and public highways.

Section 7. Any person, being the general manager, superintendent, or person in charge of the work of any corporation, firm, or association, violating any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, before any alderman, magistrate, or justice of the peace, within such municipality, shall be sentenced to pay a fine not exceeding one thousand dollars, or to undergo imprisonment in the county jail for a period not exceeding ninety days, or both, for each offense; each such fine shall be paid into the treasury of the proper municipal corporation.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 8. The councils of the municipal corporations of this Commonwealth are hereby authorized to enact such ordinances as may be necessary for the proper enforcement of the provisions of this act.