Pennsylvania Act 1947-490 — COAL MINE SEALING ACT OF 1947, THE - REPEALED

Act text

COAL MINE SEALING ACT OF 1947, THE - REPEALED
                 Act of Jun. 30, 1947, P.L. 1177, No. 490             Cl. 52
                                  AN ACT

     Requiring operators, political subdivisions and the Commonwealth
        to seal abandoned coal mines so as to protect streams from
        acid mine drainage; conferring powers and imposing duties on
        the Department of Mines; prescribing penalties and making an
        appropriation.

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

        Section 1.  This act shall be known and may be cited as "The
     Coal Mine Sealing Act of 1947."
        Section 2.  The following words and phrases, unless the
     context clearly indicates otherwise, shall have the meanings
     ascribed to them in this section:
        (1)  The term "abandoned coal mine" shall mean any coal mine
     in which mining operations have ceased because of the complete
     exhaustion of coal, or the exhaustion of coal which it is
     practical to mine within the foreseeable future, or where
     exemption from taxation has been allowed because of the absence
     of mineable coal.
        (2)  The term "mine sealing" shall mean the closing of
     openings into a mine in such a manner as to minimize or stop the
     pollution of the waters of the Commonwealth by mine water and to
     prevent access to the mine by persons or animals. ((2) amended
     Feb. 20, 1970, P.L.52, No.21)
        (3)  The term "operator" shall mean any lessee, person,
     political subdivision or the Commonwealth of Pennsylvania.
        (4)  The term "department" shall mean the "Department of
     Mines" as now organized and operating in the Commonwealth of
     Pennsylvania.
        (5)  The term "openings" shall mean all shafts, slopes,
     drifts and tunnels.
        Section 3.  (a) All operators engaged in the mining of coal
     in this Commonwealth shall, upon the abandonment of a mine, seal
     any and all openings leading from such mine to the surface
     through which water may flow into any of the streams of this
     Commonwealth and through which appreciable quantities of air may
     enter the mine. Such sealing shall be started within sixty (60)
     days of abandonment and shall be diligently carried on to
     completion. In all cases, sealing shall be completed within six
     (6) months following abandonment.
        (b)  The operator last engaged in the operation of mines,
     abandoned prior to the effective date of this act, not
     heretofore sealed, shall, within six (6) months after the
     effective date of this act, seal any and all openings leading
     from such mine to the surface through which water may flow into
     any of the streams of this Commonwealth and through which
     appreciable quantities of air may enter the mine: Provided, That
     the mine is in the possession of the said operator.
        (c)  The location and nature of any such seals which may be
     erected shall be in accordance with the requirements of or with
     plans furnished by the department: Provided, That the sealing of
     such mine shall not interfere with any other mine or endanger
     life or property in any community.
        Section 4.  In cases where the operator is not in possession
     of the abandoned coal mine upon the effective date of this act,
     the work of sealing the openings and the cost of such work shall
     be assumed by the Commonwealth and shall be paid out of any
     appropriation made to the department for this purpose.
        Section 5.  After a mine has been sealed to the satisfaction
     of the department the maintenance of such seals shall be the
     duty of the Commonwealth of Pennsylvania acting through the
     department.
        Section 6.  The department, or its representatives, is hereby
     authorized to enter upon any lands where openings to abandoned
     mines are located for the purpose of sealing such openings, for
     inspecting and maintaining such seals, and for putting into
     effect the provisions of this act. Such entry shall not be
     construed as an act of condemnation of property or of trespass
     thereon.
        Section 7.  The sum of one million ninety thousand dollars
     ($1,090,000), or as much thereof as may be necessary, is hereby
     specifically appropriated to the Department of Mines for the use
     of the department in carrying out the provisions of this act.
        Section 8.  Any person who removes or destroys any seal
     erected for the purposes described in this act, or who
     penetrates by means of shaft, slope, drift, tunnel or otherwise
     any sealed mine without first having received the approval of
     the department shall be guilty of a misdemeanor, and shall upon
     conviction thereof, be sentenced to pay a fine not less than one
     hundred dollars ($100), nor more than one thousand dollars
     ($1,000), or in the case of individuals or the responsible
     officers and agents of corporations and associations to undergo
     imprisonment for a period of not more than one (1) year, or
     both.
        Section 9.  On and after the passage of this act, any
     operator who refuses or neglects to properly seal mine openings
     in accordance with plans submitted by the Department of Mines
     shall be guilty of a misdemeanor, and shall upon conviction
     thereof, be sentenced to pay a fine of not less than one hundred
     dollars ($100), nor more than one thousand dollars ($1,000), or
     in the case of individuals or the responsible officers and
     agents of corporations and associations to undergo imprisonment
     for a period of not more than one (1) year, or both.
        Section 10.  All acts and parts of acts inconsistent herewith
     are hereby repealed.