Pennsylvania Act 1955-82 — PROVIDING FOR ANTHRACITE MINE DRAINAGE

Act text

PROVIDING FOR ANTHRACITE MINE DRAINAGE
                  Act of Jul. 7, 1955, P.L. 258, No. 82               Cl. 52
                                  AN ACT

     Providing for anthracite mine drainage, contingent on Federal
        aid, and making an appropriation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  In the event that Federal moneys are made
     available on a matching basis for the control and drainage of
     water from anthracite coal formations, to seal abandoned coal
     mines and to fill voids in abandoned coal mines, the
     Commonwealth accepts the grant of Federal aid thereunder subject
     to the terms and conditions of the grant.
        (1 amended Aug. 16, 1961, P.L.993, No.443))
        Section 2.  In such event the Department of Mines and Mineral
     Industries shall construct ditches, flumes, backfill stripping
     pits and cropfalls, and improve stream beds for the purpose of
     preventing the flow of surface water into mines, and shall
     purchase the necessary materials for the same, and also shall
     purchase and install pumps, pipes, machinery, equipment and
     materials for the purpose of pumping water from abandoned mines,
     and shall seal abandoned coal mines and fill voids in abandoned
     coal mines in those instances where such work is in the interest
     of public welfare: Provided, however, That the Commonwealth
     shall not bear any operating and maintenance costs whatsoever
     other than one-half of the power pumping costs and shall not
     bear the installation costs of any underground facilities;
     however, this restriction shall not apply and shall not pertain
     to cases of emergencies endangering life created by the flooding
     of mines, nor shall the functions herein set out be restricted
     to abandoned mines in cases of such emergency.
        In such instances, upon the prior determination by the
     Secretary of Mines and Mineral Industries when the Secretary of
     the Interior of the United States of America operating under the
     Federal companion legislation has likewise ruled that an
     emergency exists, the Department of Mines and Mineral Industries
     shall:
        (1)  Conduct rescue operations;
        (2)  Without advertising or competitive bidding, purchase
     material and equipment and provide labor and techniques for
     pumping of water from the mines, constructing ditches, flumes
     and other devices for mine drainage, for sealing, backfilling
     and for the performance of any other work designated by the
     Secretary of Mines and Mineral Industries as expedient to
     prevent the spreading and reduce the hazards from flooding of
     mines;
        (3)  Pay for power and for other costs attendant upon the
     operation and maintenance of pumping and other devices for mine
     drainage;
        (4)  Perform the purpose of the act with personnel of the
     department or by contract with others;
        (5)  Reimburse any person, agency or corporation for
     material, labor and equipment furnished at the request of the
     Department of Mines and Mineral Industries in the performance of
     the aforesaid duties;
        (6)  Pay for the foregoing whether already undertaken or to
     be undertaken hereafter;
        (7)  Conduct investigation to determine the cause of this
     disaster and to institute measures to insure the future safety
     and health of persons in the area; and
        (8)  Do all necessary and expedient to effect the purposes of
     this act.
        Anything to the contrary herein notwithstanding upon the
     prior determination by the Secretary of Mines and Mineral
     Industries that water in an abandoned mine or in abandoned mines
     threatens the safety of the residents of the area or threatens
     widespread subsidence and damage to large amounts of property,
     the Department of Mines and Mineral Industries, without the need
     for joinder by the Federal Government and without the need to
     secure a sponsoring agency to maintain and operate any of the
     facilities shall have the authority to:
        (1)  Drill boreholes or provide other means of entry into the
     mine water pools to provide passage of water to the surface;
        (2)  Purchase and install pumps, pipes, machinery, equipment
     and materials for the purpose of pumping water from such
     abandoned mines;
        (3)  Purchase, construct and install any other facilities
     deemed appropriate to maintain water levels in such abandoned
     mines at heights deemed best to avoid or minimize danger of
     subsidence; and
        (4)  Pay for any operating and maintenance costs of such
     pumping as shall be deemed necessary to maintain water levels to
     avoid or minimize danger of subsidence.
        Under no circumstances may any funds be used the object of
     which or as a result of which any mining operator or company
     will be relieved of his or its pumping obligations or any part
     thereof.
        The aforesaid determination and action taken thereby may not
     in any way be construed as relieving any party of its
     obligations or responsibilities as to the disposition of mine
     waters.
        (2 amended Jan. 19, 1968, 1967 P.L.1010, No.445)
        Section 3.  The Secretary of Mines shall furnish to the
     Secretary of the Interior a statement with respect to the
     project showing work done, the status of the project,
     expenditures and amounts obligated, at such times and in such
     detail, as the Secretary of the Interior shall require.
        Section 4.  The sum of eight million five hundred thousand
     dollars ($8,500,000), or as much thereof as is necessary, is
     appropriated to the Department of Mines and Mineral Industries
     to match Federal moneys made available for the control and
     drainage of water from anthracite coal formations, to seal
     abandoned coal mines and to fill voids in abandoned coal mines
     in this Commonwealth and to carry out the purposes of this act:
     Provided, That from the total sum made available by the Federal
     government and matched by the Commonwealth, there shall be
     retained the sum of two million dollars ($2,000,000) for the
     control and drainage of water from anthracite coal formations.
        (4 amended Aug. 16, 1961, P.L.993, No.443)
        Section 5.  This act shall take effect immediately.