reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 86.188 - Evaluation of bond forfeiture sites

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After forfeiture of bond under
						  §§
													86.180-86.182 and
						  86.185 (relating to scope;
						  general; procedures; and preservation of remedies) has become final and the
						  bond proceeds have been collected, the Department will evaluate the bond
						  forfeiture site for reclamation purposes. The evaluation will consist of an
						  onsite inspection by the Department and solicitation of information regarding
						  the site and reclamation intention of the landowner and others determined by
						  the Department to have information on, or an interest in, the site. The
						  Department will provide to the landowner of the site, upon request, a copy of
						  the completed site evaluation report.
(b) The Department will prioritize a bond
						  forfeiture site according to the following categories, which are listed in
						  decreasing order of severity of condition:
(1)
						  Sites which present a significant and continuing hazard to human life by either
						  their proximity to or impact on human populations.
(2) Sites which present a significant threat
						  to health or safety, including actual or threatened loss of public or private
						  water supplies.
(3) Sites which
						  present a significant risk of damage to public or private property.
(4) Sites which are causing environmental
						  degradation or pollution affecting the productive use of public or private
						  land, or the reclamation of which would create significant environmental
						  benefits.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter F - BONDING AND INSURANCE REQUIREMENTS › BOND FORFEITURE › Section 86.190 - Sites where reclamation is unreasonable, unnecessary or impossible; excess funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  Department determines in the evaluation of a bond forfeiture site that
						  completion of the approved reclamation plan of the licensed mine operator whose
						  bonds were forfeited for the reclamation site or an alternative reclamation
						  plan is unreasonable, unnecessary or physically impossible, the bond amount
						  will be made available for expenditure from the Fund only to reclaim land and
						  restore water supplies affected by surface mining operations for which the
						  Department has forfeited bonds. The reasons justifying this determination
						  include the following:
(1) The site has been
						  repermitted and rebonded for mining, and reclamation of the site is a condition
						  of the permit.
(2) The site has
						  been otherwise reclaimed.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 86.191 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is applicable to assessments of civil
							 penalties under:
(1) Section 11 of the
						  Coal Refuse Disposal Control Act (52 P. S. §
														30.61).
(2) Section 605(b) of The Clean Streams Law
						  (35
						  P. S. §
														691.605).
(3) Section
						  18.4 of the Surface Mining
						  Conservation and Reclamation Act (52 P.S. §
														1396.18d).
(4) Section 17(f) and (g) of the Bituminous
						  Mine Subsidence and Land Conservation Act (52 P. S. §
														1406.17(f) and
						  (g)).
This section cited in 25 Pa. Code §
															86.192 (relating to determination
								of assessments).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 86.192 - Determination of assessments

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will review each violation which is or
							 may be subject to imposition of a civil penalty under the applicable provisions
							 of law in §
													86.191 (relating to
							 applicability). The purpose of this review will be to determine whether a civil
							 penalty will be assessed, the amount of the penalty, and whether a separate
							 penalty will be assessed for each day of a continuing violation. The Department
							 may review violations to determine whether assessment of penalties against
							 individual corporate officers or officials of other entities is
							 appropriate.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 86.193 - Assessment of penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will assess a civil penalty for each violation which is included as
						  a basis for a cessation order.
(b)
						  The Department will assess a civil penalty for each violation if the violation
						  is assessable in an amount consistent with
						  30 CFR
						  723.12(b) and
						  723.14 under the system for
						  assessment described in §
													86.194 (relating to system for
						  assessment of penalties).
(c) The
						  Department may assess a penalty for each violation which is assessable in an
						  amount consistent with 30
						  CFR 723.12(c) and
						  723.14 under the system for
						  assessment described in § 86.194.
The provisions of this §
															86.193 amended under the Surface
								Mining Conservation and Reclamation Act (52 P.S.
								§§
																1396.1-1396.19a); The Bituminous
								Mine Subsidence and Land Conservation Act (52 P.S. §§
																1406.1-1406.21); The Clean Streams Law
								(35
								P.S. §§
																691.1-691.1001); section
								1920-A of The Administrative Code of 1929 (71 P.S. §
																510-20); and section
								3.2 of the Coal Refuse Disposal
								Control Act (52 P.S. §
																30.53b).
This section cited in 25 Pa. Code §
															86.194 (relating to system for
								assessment of penalties).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 86.194 - System for assessment of penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department and, in event of appeal,
						  the EHB, will use the system described in this section to determine the amount
						  of the penalty and whether a mandatory penalty will be assessed as provided in
						  §
													86.193(b)
						  (relating to assessment of penalty). Unless otherwise indicated in this
						  section, the penalty may be set at any amount from zero through the maximum
						  amount specified in this section.
(b) Civil penalties will be assessed as
						  follows:
(1)
Seriousness.
Up
						  to $3,000 will be assessed based on the seriousness of the violation,
						  including:
(i) Damage or injury to the lands
						  or to the waters of the Commonwealth or their uses.
(ii) The cost of restoration.
(iii) A hazard to the health or safety of the
						  public.
(iv) Property
						  damage.
(v) The interference with a
						  person's right to the comfortable enjoyment of life or property.
(vi) An additional amount up to the statutory
						  maximum may be assessed in extraordinary circumstances.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › GENERAL PROVISIONS › Section 86.195 - Penalties against corporate officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may assess a civil penalty
						  against a corporate officer who participates in a violation or whose misconduct
						  or intentional neglect causes or allows a violation.
(b) Whenever the Department issues an order
						  to an operator for failing to abate violations contained in a previous order,
						  it will send by certified mail to each corporate officer listed in the surface
						  mining operator's license application under §
													86.353 (relating to identification
						  of ownership), or to each corporate officer listed in a coal mining activities
						  application under §
													86.62 (relating to identification
						  of interests), a copy of the failure to abate order and a notice of the
						  officer's liability under this section. If the violations are not abated within
						  30 days of issuance of the failure to abate order, the Department may assess a
						  civil penalty against each officer receiving the notice provided by this
						  subsection.
(c) When the Department
						  and the permittee or corporate officer have agreed in writing on a plan for the
						  abatement of or compliance with the failure to abate order, the corporate
						  officer may postpone payment until receiving a decision under §
													86.203 (relating to final
						  assessment and payment of penalty), or written notice that abatement or
						  compliance is satisfactory and the penalty has been withdrawn.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › PROCEDURES › Section 86.201 - Procedures for assessment of civil penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 15 days of service of a notice of
						  violation or order, the person to whom it was issued may submit written
						  information about the violation to the Department and to the inspector who
						  issued the order. The Department will consider any information so submitted in
						  determining the facts surrounding the violation and amount of the
						  penalty.
(b) The Department will
						  serve a copy of the civil penalty assessment on the person responsible for a
						  violation. This assessment will be served within the time set forth in the
						  applicable statute of limitations. Service will be by registered or certified
						  mail, or by personal service. If the mail is tendered at the address of that
						  person in the sign required under Chapter 87, 88, 89 or 90, or at an address at
						  which that person is in fact located, and the person refuses to accept delivery
						  ofor to collect mail, the requirements of this subsection shall be deemed to
						  have been complied with upon the tender.
(c) The Department may, upon its own motion,
						  or will, upon written request of the person to whom the assessment was issued,
						  arrange for a conference to review the assessment.
(d) Requirements for assessment conferences
						  are as follows:
(1) The Department will assign
						  a representative to hold the assessment conference. The assessment conference
						  will not be governed by requirements for formal adjudicatory hearings, and may
						  be held at any time at the convenience of the parties.
(2) The Department will post notice of the
						  time and place of the conference at the regional or district office closest to
						  the mine at least 5 days before the conference. Any person shall have a right
						  to attend and participate in the conference.
(3) The Department will consider all relevant
						  information on the violation. After the conference is held the Department may
						  do one of the following:
(i) Settle the
						  issues, in which case a settlement agreement shall be prepared and signed by
						  appropriate representatives of the Department and the person
						  assessed.
(ii) Affirm, raise, lower
						  or vacate the penalty.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › PROCEDURES › Section 86.202 - Final action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The person
						  charged with the violation may contest the penalty assessment by filing an
						  appeal with the EHB, including with the appeal an amount equal to the assessed
						  penalty-to be held in escrow as provided in subsection (b)-within 30 days from
						  receipt of the assessment or reassessment. Payment under this section shall be
						  cash in the form of certified check, treasurer's check, bank check or cashier's
						  check. In the alternative, a person may file with the appeal an appeal bond in
						  the amount of the assessed civil penalty. The bond shall be executed by a
						  surety who is licensed to do business in this Commonwealth and who is otherwise
						  satisfactory to the Department.
(b)
						  The EHB will transfer the funds submitted under subsection (a) to the Office of
						  the Comptroller of the Department which will hold them in escrow pending
						  completion of the administrative and judicial review process, at which time it
						  will disburse them as provided in §
													86.203 (relating to final
						  assessment and payment of penalty).
(c) An appeal from a penalty assessment will
						  not be deemed to be perfected unless a properly executed appeal bond or cash
						  equal to the full amount of the assessed penalty is received by the EHB within
						  30 days of the appellant's receipt of the assessment or reassessment.
(d) A person may challenge either the fact of
						  the violation or the amount of the penalty once an appeal of that issue has
						  been perfected. In either challenge, the appellant will be bound as to actions
						  of the Department which have become final under section 4 of the Environmental
						  Hearing Board Act (35 P. S. §
														7514). A
						  final action includes a compliance order which has become final, even though
						  the order addresses the same violation for which a civil penalty is
						  assessed.
This section cited in 25 Pa. Code §
															86.203 (relating to final
								assessment and payment of penalty).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter G - CIVIL PENALTIES FOR COAL MINING ACTIVITIES › PROCEDURES › Section 86.203 - Final assessment and payment of penalty

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the person to whom an assessment is
						  issued fails to file an appeal as provided in §
													86.202 (relating to appeal
						  procedures), the assessment shall become final and the penalty assessed shall
						  become due and payable upon expiration of the time allowed to file the
						  appeal.
(b) If a party requests
						  judicial review of an adjudication of the EHB, the initial penalty assessed
						  shall continue to be held in escrow until completion of the review. Otherwise,
						  subject to subsection (c) the escrowed funds shall be transferred to the
						  Department in payment of the penalty, and the escrow shall end.
(c) If the final decision in the
						  administrative and judicial review process results in an order reducing or
						  eliminating the proposed penalty assessed under this chapter, the Department
						  will, within 30 days of receipt of the order refund to the person assessed all
						  or part of the escrowed amount, with any interest accumulated by the escrow
						  deposit.
(d) If the final decision
						  in the administrative and judicial review process results in an order
						  increasing the penalty, the person to whom the notice or order was issued shall
						  pay the difference to the Department within 30 days after the order is mailed
						  to such person.
This section cited in 25 Pa. Code §
															86.195 (relating to penalties
								against corporate officers); 25 Pa. Code §
															86.202 (relating to appeal
								procedures).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter H - ENFORCEMENT AND INSPECTION › GENERAL PROVISIONS › Section 86.211 - Enforcement-general

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Violations,
						  once identified by a State Inspector or other appropriate State official, shall
						  be cited and shall be corrected in a reasonable time, prescribed by the
						  Department, not to exceed 90 calendar days, except upon a showing by the
						  operator that it is not feasible to abate the violation within 90 calendar days
						  due to one or more of the circumstances described in subsection (b). An
						  extended abatement date under this section will not be granted when the
						  operator's failure to abate within 90 days has been caused by a lack of
						  diligence or intentional delay by the operator in completing the remedial
						  action requested, nor will an extension be granted for financial or economic
						  reasons.
(b) Circumstances which
						  may qualify a surface coal mining operation for an abatement period of more
						  than 90 days are limited to the following:
(1)
						  If the Department has required the operator of an existing operation to apply
						  to the Department for a permit renewal or other necessary approval of designs
						  or plans, and if the operator has submitted necessary materials to the
						  Department in an expeditious manner, but the Department is unable, through no
						  fault of the operator to issue the permit or approval 90 days from the date of
						  submission of required documentation.
(2) If climatic conditions preclude abatement
						  within 90 days, or if, due to climatic conditions, abatement within 90 days
						  clearly does one or more of the following:
(i) Causes more environmental harm than it
						  would prevent.
(ii) Requires action
						  that would violate Federal or State mine health or safety laws.
(3) If there is a valid judicial
						  order precluding abatement within 90 days as to which the permittee has
						  diligently pursued rights of appeal and as to which the permittee has no other
						  effective legal remedy.
(4) If the
						  permittee cannot abate within 90 days due to a labor strike, except for a
						  violation that is causing or has the potential to cause off permit impacts such
						  as environmental harm to air, water or land resources or danger to the public
						  health or safety.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter H - ENFORCEMENT AND INSPECTION › GENERAL PROVISIONS › Section 86.212 - Federal minimum enforcement action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As required by section 521 of the Surface
						  Mining Control and Reclamation Act (30 U.S.C.A. §
														1271) and
						  30 CFR
						  840.13 and
						  843.11 (relating to enforcement
						  authority; and cessation orders), the Department will issue a cessation order,
						  or take other appropriate enforcement action to accomplish cessation, if the
						  Department determines that a condition, practice or violation exists which
						  meets one or more of the following:
(1)
						  Creates an imminent danger to the health of the public.
(2) Is causing, or in the opinion of the
						  Department can reasonably be expected to cause, significant, imminent harm to
						  land, air or water resources.
(3)
						  Will not be abated within an abatement period specified in a Department
						  order.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter H - ENFORCEMENT AND INSPECTION › GENERAL PROVISIONS › Section 86.213 - Other Departmental orders

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may issue other orders as are
							 necessary to aid in the enforcement of the acts or the regulations promulgated
							 pursuant thereto. The orders include, but are not limited to, orders modifying,
							 suspending or revoking permits and licenses.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter H - ENFORCEMENT AND INSPECTION › INSPECTION › Section 86.214 - Inspection-general

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a Department inspection determines that
							 there is a violation of the acts, the regulations promulgated pursuant thereto,
							 permit or Departmental approval, the Department will notify the alleged
							 violator either by copy of the inspection report, notice of violation or
							 through Department order or other enforcement document. The failure, however,
							 of the Department to issue a notice of a violation may not be interpreted to be
							 evidence of the absence of a violation. The notices, documents or records shall
							 be available for public inspection at the appropriate Department district
							 office.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter H - ENFORCEMENT AND INSPECTION › INSPECTION › Section 86.215 - Citizen inspection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  citizen may request an inspection of a coal mining activity by submitting to
						  the Department a signed, written statement-or an oral report followed by a
						  signed, written statement-giving the Department reason to believe that a
						  violation of the acts or regulations promulgated thereunder exists. This
						  written statement shall include a phone number and address where the citizen
						  can be contacted.
(b) The identity
						  of a person supplying information to the Department relating to a possible
						  violation shall remain confidential, if requested by that person, unless the
						  person elects to accompany the inspector on the inspection, or unless
						  disclosure is otherwise required by law.
(c) When an inspection is conducted as a
						  result of information provided to the Department, the citizen shall be notified
						  as far in advance as practicable when the inspection is to occur and the
						  citizen shall be allowed to accompany the Department inspector during the
						  inspection.
(d) As soon as
						  practicable after an inspection is made under this section, or, if there is no
						  inspection, as soon as practicable after making the decision not to inspect,
						  the Department will send the citizen the following:
(1) If an inspection was made, a description
						  of the enforcement action taken, which may consist of a copy of the inspection
						  report, or an explanation of why no enforcement action was taken.
(2) If no inspection was conducted, an
						  explanation of the citizen's rights, if any, to review the Department's
						  action.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.231 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the restrictions on each
						  employe of the Department who performs a function or duty under the coal mining
						  laws to prevent direct or indirect financial interest in an underground or
						  surface coal mining operation or facility, or Federally-funded abandoned mine
						  lands reclamation project.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.233 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department employes performing a function or duty under the coal mining laws
						shall:
(1) Have no direct or indirect
						financial interest in a coal mining operation.
(2) File a fully completed statement of
						employment and financial interest, on a form provided by the Department, upon
						beginning or continuing employment with the Department and annually thereafter
						on a specified filing date.
(3)
						Take action promptly to remedy any and all prohibited financial interests
						determined as provided in this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.234 - Penalties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employe who
						fails or refuses to file a statement of employment and financial interests by
						the prescribed filing date, or who fails or refuses to remedy a prohibited
						financial interest determined as provided in this subchapter, shall be subject
						to disciplinary action including but not limited to reassignment, transfer or
						termination of employment.
(b) An
						employe who fails or refuses to remedy a prohibited financial interest
						determined as provided in this subchapter shall be subject to:
(1) Criminal penalties as provided in section
						1928-A of The Administrative Code of 1929 (71 P. S. §
														510-28), which provides:
"No employe of the Department of Environmental
						  Resources performing any function or duty within the scope of activities
						  covered by the Surface Mining Control and Reclamation Act of 1977, Public Law
						  95-87(95th Congress) shall have a direct or indirect financial interest in any
						  underground or surface coal mining operating as defined by this act. Whoever
						  knowingly violates the provisions of this section shall, upon conviction, be
						  punished by a fine of not more than two thousand five hundred dollars ($2,500)
						  or by imprisonment of not more than one (1) year, or both."
(2) Criminal penalties as provided in section
						517(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. §
														1267(g)), which provides:
"No employe of the State regulatory authority
						  performing any function or duty under this Act shall have a direct or indirect
						  financial interest in any underground or surface coal mining operation. Whoever
						  knowingly violates the provisions of this subsection shall, upon conviction, be
						  punished by a fine of not more than $2,500, or by imprisonment of not more than
						  one year, or by both."
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.235 - Who shall file

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An employe
						who performs a function or duty under the coal mining laws is required to file
						a statement of employment and financial interests. An employe who is no longer
						employed by the Department at the time a filing is due is not required to file
						a statement.
(b) The Secretary will
						prepare a list of those positions within the Department that do not involve
						performance of any functions or duties under the coal mining laws. Only those
						employes who are employed in a listed organizational unit or who occupy a
						listed position will be exempted from the requirement to file a statement of
						employment and financial interests.
(c) The Secretary of the Department may
						revise the listing by the addition or deletion of positions if the Secretary
						determines the revisions are required to carryout the purpose of this
						subchapter. Additions to and deletions from the listing of positions are
						effective upon notification to the incumbents of the positions added or
						deleted.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.236 - When to file

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Employes
						performing functions or duties under the coal mining laws shall file a
						completed statement of employment and financial interests annually, on such
						date as specified by the Secretary.
(b) New employes hired, appointed or
						transferred to perform functions or duties under the coal mining laws shall
						file a completed statement of employment and financial interests at the time of
						entrance to duty.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.237 - Where to file

Current through Register Vol. 54, No. 28, July 13, 2024
Completed statements of employment and financial
						  interests shall be filed with a three-person review committee established by
						  the Secretary, except that the Secretary shall file a statement with the
						  Director of the Office of Surface Mining, United States Department of Interior.
						  The review committee shall have the responsibility and authority to review the
						  completed statements, to require employes to take remedial action to eliminate
						  prohibited financial interests and to recommend to the Secretary penalties for
						  violations of this subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.238 - What to report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						employe shall report information required on the statement of employment and
						financial interests of the employe, the employe spouse, minor children or other
						relatives who are full-time residents of the employe home. The report shall be
						on OSM Form 23 as provided by the Department. The statement consists of three
						major parts:
(1) A listing of financial
						interests, including employment, security, real property, creditor and other
						financial interests held during the course of the preceding year.
(2) A certification that none of the listed
						financial interests represent a direct or indirect financial interest in an
						underground or surface coal mining operation except as specifically identified
						and described by the employe as part of the certificate.
(3) A certification by the chairperson of the
						review committee that the form was reviewed, that prohibited interests have
						been resolved and that no other prohibited interests have been identified from
						the statement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.239 - Gifts and gratuities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						as provided in subsection (c), employes may not solicit or accept, directly or
						indirectly, any gift, gratuity, favor, entertainment, loan or any other thing
						of monetary value, from a company which:
(1)
						Conducts or is seeking to conduct coal mining operations or activities that are
						regulated by the Department.
(2)
						Has interests, operations or activities that may be substantially affected by
						the performance or nonperformance of the employe's official duty.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.240 - Resolving prohibited interests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The review committee will review
						statements of employment and financial interests to determine if an employe has
						a prohibited financial interest.
(b) If the review committee finds that an
						employe has a prohibited financial interest, it shall notify the employe in
						writing and require that the prohibited financial interest be remedied within a
						period of time not to exceed 90 days.
(c) Remedial action may include any one of
						the following:
(1) Reassignment or transfer of
						the employe to a position which includes no function or duty under the coal
						mining laws.
(2) Divestiture of the
						prohibited financial interest.
(3)
						Termination of employment.
(4)
						Other action which eliminates the prohibited financial interest or eliminates
						the situation which creates the conflict.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.241 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
The statements of employment and financial interests
						  will be held in strict confidence. The statements will only be available for
						  examination by the Secretary of the Department, the review committee, an
						  arbitrator appointed as provided in §
												86.242 (relating to appeal
						  procedure), the Director of the Office of Surface Mining, United States
						  Department of Interior, Federal auditors and legal counsel for the Department
						  and the Department of Interior. If a penalty is imposed under this subchapter,
						  the statement of employment and financial interests may be used as evidence.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter I - EMPLOYEE CONFLICT OF INTEREST › Section 86.242 - Appeal procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If an
						employe disputes a decision of the review committee, the employe may request an
						informal meeting with the review committee to resolve the dispute.
(b) If, after meeting with the review
						committee, the employe still disputes the decision of the review committee, the
						employe may request the Department to obtain an independent arbitrator to hear
						the employe's appeal of the decision. The employe's appeal must be made within
						30 days of receipt of the decision of the review committee. The decision of the
						arbitrator shall be final.
This section cited in 25 Pa. Code §
														86.241 (relating to
							 confidentiality).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › GENERAL PROVISIONS › Section 86.251 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter provides incentives to encourage
							 qualified operators to undertake reclamation and remining of abandoned mine
							 lands and bond forfeiture sites for the purpose of eliminating hazards to human
							 health and safety, abating pollution of surface and groundwaters and the
							 contribution of sediment to adjacent areas, restoring land to beneficial uses
							 and recovering remaining coal resources.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › GENERAL PROVISIONS › Section 86.253 - Operator and project qualification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To participate in the remining and
						  reclamation incentives program established by this subchapter, a coal mining
						  operator shall demonstrate that:
(1) The
						  operator holds a valid coal mining license issued under section 3.1 of the act
						  (52
						  P. S. §
															1396.3a).
(2) The operator, a related party, a person
						  who owns or controls the operator or a person who is owned or controlled by the
						  operator, satisfies the requirements of §
														86.37(a)(8)-(11) and
						  (16) (relating to criteria for permit
						  approval or denial).
(3) The
						  operator, a related party, a person who owns or controls the operator or a
						  person who is owned or controlled by the operator, has no liability for
						  reclamation or pollution at the proposed abandoned mine site.
(4) The operator's past history of compliance
						  with environmental laws does not indicate a lack of intention or ability to
						  comply with those laws or the regulations promulgated thereunder.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.261 - Program services

Current through Register Vol. 54, No. 28, July 13, 2024
To the extent that funds are available in the
							 Remining Environmental Enhancement Fund and in response to a request from a
							 qualified remining operator, the Department will:
(1) Select and pay a qualified consultant to:
(i) Provide, in accordance with Chapter 87,
						  Subchapter C and §§
														88.21-88.27 and
						  88.29-88.33, a description of the
						  existing resources within and adjacent to the proposed remining area that may
						  be affected by the proposed surface coal mining activities.
(ii) Determine the probable hydrologic
						  consequences of the proposed surface coal mining activities on the proposed
						  remining area and adjacent area as remining areas are defined in §
														86.252 (relating to definitions),
						  in accordance with §§
														87.69 and
						  88.49 (relating to protection of
						  hydrologic balance).
(iii) Prepare
						  a statement of the results of test borings or core samplings in accordance with
						  §§
														87.44 and
						  88.24 (relating to geology
						  description; and geology).
(iv)
						  Prepare a detailed description of the proposed surface coal mining activities
						  showing the manner in which the proposed remining area will be mined and
						  reclaimed in accordance with §§ 87.54, 87.61-87.63, 87.65-87.84, or
						  88.41-88.44 and 88.46-88.62.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.262 - Department responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will:
(1) Review requests for assistance and
						  determine eligibility for assistance.
(2) Develop and maintain a list of qualified
						  consultants and laboratories in accordance with §
													86.269 (relating to basic
						  qualifications for consultants and laboratories), select consultants and
						  laboratories to perform program services and pay for services
						  rendered.
(3) Conduct periodic
						  evaluations of the program activities with the remining operator and
						  consultant.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.263 - Eligibility for assistance

Current through Register Vol. 54, No. 28, July 13, 2024
An operator is eligible for assistance if the
							 requirements of §
													86.253(a)
							 (relating to operator and project qualification) are met and the
							 operator:
(1) Has a legal right to
						  enter and commence mining within the proposed remining area.
(2) Intends to apply for a permit and to
						  conduct surface coal mining activities and reclamation within the proposed
						  remining area.
(3) Proposes to
						  remine an area which contains abandoned mine lands.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.264 - Applications for assistance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Persons wishing to receive assistance shall file an application for remining
						  operator assistance with the Department.
(b) The application shall contain the
						  following information:
(1) A statement of
						  intent to file a permit application under this chapter and to conduct the
						  proposed surface coal mining and reclamation activities on the proposed
						  remining area.
(2) The names and
						  addresses of:
(i) The intended permit
						  applicant.
(ii) The intended
						  contract operator, if different from the applicant.
(iii) Controlling interests in accordance
						  with §
															86.62 (relating to identification
						  of interests).
(3) The
						  mining license number of the applicant and contract operator identification
						  number, if applicable.
(4) A
						  description of:
(i) The coal to be mined and
						  the method of coal mining activities proposed.
(ii) The number of acres of remining area and
						  the number of acres of abandoned mine land in the proposed remining
						  area.
(iii) A general statement of
						  the probable depth and thickness of the coal resource or a general statement of
						  the percentage and quality of recoverable coal contained in the coal
						  refuse.
(5) A United
						  States Geological Survey topographic map or facsimile thereof of 1:24000 scale
						  or larger which clearly shows:
(i) The area of
						  abandoned mine land to be affected and the natural drainage area above and
						  below the proposed remining area.
(ii) The names of property owners within the
						  proposed remining area and of adjacent lands.
(iii) The location of existing structures and
						  developed water sources within the proposed remining area and adjacent lands.
(iv) The location of existing and
						  proposed test borings or core samplings and the location and extent of known
						  workings of surface and underground mines.
(6) Copies of documents which show:
(i) The applicant has a legal right to enter
						  and commence surface coal mining within the proposed remining area.
(ii) A legal right of entry has been obtained
						  for Department, consultant and laboratory personnel to inspect the lands
						  proposed to be mined and adjacent lands which may be affected in order to
						  collect environmental data or install necessary instruments in accordance with
						  §
															86.64 (relating to right of
						  entry).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article I - Land Resources › Chapter 86 - SURFACE AND UNDERGROUND COAL MINING: GENERAL › Subchapter J - REMINING AND RECLAMATION INCENTIVES › ROAP › Section 86.265 - Application approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the
						  Department finds that the applicant is eligible for assistance, and it is not
						  aware of information that would preclude issuance of a surface coal mine
						  activities permit to the applicant for mining in the area proposed, it will:
(1) Determine the minimum data requirements
						  necessary to meet the provisions of §§
														86.261 and
						  86.267 (relating to program
						  services; and determination of data requirements).
(2) Provide the applicant with a list of
						  qualified consultants.