Pennsylvania Act 1935-55 — COAL MINING, WATER POLLUTION FROM

Act text

COAL MINING, WATER POLLUTION FROM
                   Act of May 7, 1935, P.L. 141, No. 55               Cl. 52
                                  AN ACT

     To preserve the purity of the waters of the Commonwealth and to
        avoid the danger of fire, by requiring the owners, operators
        and lessees of abandoned bituminous coal mines and workings
        to seal the entries and air shafts thereof; and conferring
        powers upon the Department of Mines to carry into effect the
        provisions of this act.

        Whereas, It is a known fact that the combination of oxygen
     and water is necessary to liberate the sulphuric acid content
     from the pyrites of iron and sulphur in coal seams, thus making
     mine water discharge impure; and also that the caving in of pit
     mouths, thus cutting off the air, shortly makes the seepage
     coming from the abandoned mine again pure; therefore,
        Section 1.  Be it enacted, &c., That it shall be the duty of
     each and every owner, operator, or lessee of any abandoned
     bituminous coal mine or abandoned working, which is discharging
     polluted water which flows into any of the streams or rivers of
     this Commonwealth, or which is in danger of being set afire, to
     shoot down, or cause to be shot down, or otherwise seal, or
     cause to be sealed, the entries and air shafts of such abandoned
     coal mine or working for the purpose of cutting off the supply
     of air from the abandoned mine or working.
        Section 2.  In case any such owner, operator or lessee, of
     any such abandoned bituminous coal mine or working, shall fail,
     neglect, or refuse to seal, or cause to be sealed, the openings
     of the same within sixty days after notice so to do by the
     Department of Mines, it shall be the duty of said Department to
     enter upon the land or lands, where the entries and air shafts
     to such abandoned mines or workings are located, and to shoot
     down, or otherwise seal, such openings as provided by this act.
        Section 3.  Where the owner, operator or lessee of any such
     abandoned bituminous coal mine or working is unknown, not in
     being, or his or its whereabouts unknown, then in such case, the
     Department of Mines is hereby authorized to enter upon the land
     or lands, where the entries and air shafts to such mines or
     workings are located, and shoot down, or otherwise seal, such
     openings.
        Section 4.  Upon complaint of any individual or political
     subdivision, whose interests are affected by such polluted mine
     water discharge, it shall be the duty of the Department of Mines
     to notify the owner, operator or lessee of such abandoned coal
     mine or working, and upon his or its failure to shoot down, or
     cause to be shot down, or otherwise seal, or cause to be sealed
     the entries of such mines or workings, to enter upon the
     property and perform the work necessary to bring about such
     sealing, as provided for in sections two and three of this act.
        Section 5.  The cost of performing the work necessary to
     carry out the provisions of this act shall be paid by the
     Commonwealth from appropriations made to the Department of
     Mines, and/or from such allotments as may be made for this
     purpose by the relief and/or public works authorities or
     agencies of the Commonwealth and/or the United States of
     America.
        Section 6.  This act shall become effective immediately upon
     final enactment.