2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8104 - Definitions

§ 8104. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Abandoned lands."
Land adversely affected by mineral or oil or gas extraction and left or abandoned in an unreclaimed or inadequately reclaimed condition.
"Consideration."
Something of value promised, given or performed in exchange for something which has the effect of making a legally enforceable contract. For the purpose of this chapter, the term does not include a promise to a landowner to repair damage caused by a reclamation project or water pollution abatement project when the promise is made in exchange for access to the land.
"Department."
The Department of Environmental Protection of the Commonwealth.
"Eligible land and water."
Land and water adversely affected by mining or oil or gas extraction and left or abandoned in an unreclaimed or inadequately reclaimed condition or left discharging water pollution and for which no person has a continuing reclamation or water pollution abatement obligation. The term shall also include land and water adversely affected by mining or oil or gas extraction and left in an unreclaimed or inadequately reclaimed condition or left discharging water pollution for which the Department of Environmental Protection has forfeited and collected the operators bonds and there is no outstanding litigation concerning the bond forfeiture.
"Landowner."
A person who holds either legal or equitable interest in real property.
"Mineral."
Any aggregate or mass of mineral matter, whether or not coherent, which is extracted by mining, including, but not limited to, limestone, dolomite, sand, gravel, slate, argillite, diabase, gneiss, micaceous sandstone known as bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore, vermiculite, clay and anthracite and bituminous coal.
"Permitted mining activity site."
A site permitted by the Department of Environmental Protection pursuant to one or more of the following acts:
(1) the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law;
(2) the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act;
(3) the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act;
(4) the act of September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act; or
(5) the act of December 19, 1984 (P.L.1093, No.219), known as the Noncoal Surface Mining Conservation and Reclamation Act.
"Person."
A natural person, partnership, association, association members, corporation, political subdivision of the Commonwealth, an agency, instrumentality or entity of Federal or State Government or other legal entity recognized by law as the subject of rights and liabilities.
"Project work area."
That land necessary for a person to complete a reclamation project or a water pollution abatement project.
"Reclamation project."
The restoration of eligible lands and water to productive use by regrading and revegetating the land to stable contours that blend in and complement the drainage pattern of the surrounding terrain with no highwalls, spoil piles or depressions to accumulate water and by plugging abandoned oil or gas wells and removing production or storage facilities, supplies and equipment from areas disturbed in siting, drilling, completing and producing such wells.
"Water pollution."
Pollution of the waters of this Commonwealth as defined in section 1 of the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, which was caused by mining activities or oil or gas extraction or exploration for these resources.
"Water pollution abatement facilities."
The methods for treatment or abatement of water pollution located on eligible lands and water. These methods include, but are not limited to, a structure, system, practice, technique or method constructed, installed or followed to reduce, treat or abate such water pollution.
"Water pollution abatement project."
A plan for treatment or abatement of water pollution located on eligible lands and water. These plans include, but are not limited to, the practices to be followed and the installation, operation and maintenance of facilities to reduce, treat or abate such water pollution.