Section 30.51 - Findings and declaration of policyIt is hereby determined by the General Assembly of Pennsylvania and declared as a matter of legislative finding that:
(1) The accumulation and storage of coal refuse material can cause a condition which fails to comply with the established rules, regulations or quality standards adopted to avoid air or water pollution and can create a danger to persons, property or public roads or highways, either by reason of shifting or sliding, or by exposing persons walking onto the refuse to the danger of being burned. In order to minimize the exposure to these conditions and dangers, it is better to have a few large coal refuse disposal sites as opposed to numerous small coal refuse disposal sites.(2) No coal refuse disposal area, or part thereof, should be operated in such manner as to cause a condition which fails to comply with the established rules, regulations or quality standards adopted to avoid air or water pollution or to cause a danger to persons, property or public roads or highways, and such condition and danger must be prevented and eliminated by the control and regulation of coal refuse disposal so as to effectuate the policy declared in this section.(3) The mining of coal is and has been an important and necessary industry, which has provided and will continue to provide for the effective use and development of a valuable natural resource underlying a large part of the Commonwealth of Pennsylvania.(4) Research and development of methods for reuse, backstowing in underground mines, disposal in inactive surface mines, and surface disposal of coal refuse is essential to continue to develop the technology necessary to assure adequate environmental protection and the utilization of active and inactive surface and underground coal mines for coal refuse disposal should be encouraged as an alternative to surface coal refuse disposal because it may conserve the land resources and it can improve the Commonwealth's air and water quality.(5) Incentives are needed to encourage research and development of technology to enhance environmental protection in the disposal of coal refuse, to develop methods for reuse or environmentally safe disposal of coal refuse and to encourage disposal of coal refuse on areas previously affected by coal mining activities where available and practicable.(6) The Commonwealth has already secured approval of a remining incentive program from the Office of Surface Mining and the United States Environmental Protection Agency under the Surface Mining Control and Reclamation Act of 1977 ( Public Law 95-87, 30 U.S.C. § 1201 et seq.) and the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1251 et seq.) for surface coal mining activities, and the Commonwealth intends to establish a similar program for coal refuse operations to the extent authorized by Federal law.(7)Section 301(p) of the Federal Water Pollution Control Act authorizes the issuance of a modified permit under section 402 of the Federal Water Pollution Control Act for coal remining operations.(8) The reuse of areas that have been affected by past coal mining activities and remain unreclaimed should be encouraged for future coal refuse disposal to minimize impact on unaffected areas.(9) It is important to protect aquatic and terrestrial wildlife and their habitats during site selection and operation of coal refuse disposal areas. The General Assembly of Pennsylvania therefore declares it to be the policy of the Commonwealth of Pennsylvania that the prevention and elimination of certain conditions resulting from the operation of coal refuse disposal areas is directly related to the safety, health and welfare of the people of the Commonwealth, making it necessary to control and regulate coal refuse disposal and to encourage the siting of coal refuse disposal operations on land previously disturbed by mining activities or coal refuse disposal operations.
(10) It is the purpose in part of this act to establish an alternative procedure to court action for consideration and resolution of objections to the location of certain coal bed methane wells or roads associated with those wells to be constructed on surface lands and to modify the procedure for review of well permit applications to the extent necessary to allow for the procedure for alternative dispute resolution.1968, Sept. 24, P.L. 1040, No. 318, § 1. Amended 1980, Oct. 10, P.L. 807, No. 154, § 1, imd. effective; 1994, Dec. 7, P.L. 792, No. 114, § 1, effective in 60 days; 2010, Feb. 1, P.L. 126, No. 4, § 1, imd. effective.