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 86.232 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subchapter, have the following meanings, unless the context clearly indicates
						  otherwise:
Coal mining laws
-Those provisions of
						  the Surface Mining Conservation and Reclamation Act (52 P. S. §§
													1396.1-1396.19b), The Clean Streams Law
						  (35
						  P. S. §§
													691.1-691.1001), the Air
						  Pollution Control Act (35 P. S. §§
													4001-4015), the Dam Safety and Encroachments
						  Act (32 P. S. §§
													693.1-693.27), the Coal Refuse Disposal
						  Control Act (52 P. S. §§
													30.51-30.66), The Bituminous Mine Subsidence
						  and Land Conservation Act (52 P. S. §§
													1406.1-1406.21) and the Solid Waste
						  Management Act (35 P. S. §§
													6018.101-6018.1003), related to the
						  regulation of surface and underground coal mines and facilities, and The Land
						  and Water Conservation and Reclamation Act (32 P. S. §§
													5101-5121) related to abandoned mine lands
						  reclamation for which Federal grants have been made under sections 401-415 of
						  the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. §§
													1231-1244).
Coal mining operation
-The business of
						  developing, producing, preparing or loading bituminous coal, subbituminous
						  coal, anthracite or lignite, or of reclaiming the areas upon which the mining
						  activity occurs.
Department
-The Department of
						  Environmental Protection.
Direct financial interest
-Ownership or
						  part ownership by an employe of lands, stocks, bonds, debentures, warrants,
						  partnership shares or other holdings and also means another arrangement where
						  the employe may benefit from his holding in or salary from coal mining
						  operations. Direct financial interests include employment, pensions, creditor,
						  real property and other financial relationships.
Employe
-A person employed by the
						  Department who performs a function or duty under the coal mining laws.
Indirect financial interest
-The same
						  financial relationships as for direct ownership, where the employe reaps the
						  benefits of the interests held by his spouse, minor child and other relatives,
						  including in-laws, residing in the employe's home. The employe will not be
						  deemed to have an indirect financial interest if there is no relationship
						  between the employe's functions or duties and the coal mining operation in
						  which the spouse, minor children or other resident relatives hold a financial
						  interest.
Performing any function or duty under the coal
						  mining laws
-Those decisions or actions, which if performed or not
						  performed by an employe, affect the programs conducted under the coal mining
						  laws.
Prohibited financial interest
-A
						  direct or indirect financial interest in a coal mining
						  operation.
The provisions of this §
														86.232 amended under section 5 of
							 The Clean Streams Law (35 P.S. §
															691.5); sections 4(a) and 4.2 of the Surface
							 Mining Conservation and Reclamation Act (52 P.S.
							 §§
															1396.4(a) and
							 1396.4b); section 1920-A of
							 The Administrative Code of 1929 (71 P.S. §
															510-20); section
							 3.2 of the Coal Refuse Disposal
							 Control Act (52 P.S. §
															30.53b); and
							 section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act
							 (52
							 P.S. §
															1406.7(b)).