Header:
PENNSYLVANIA STATUTES
TITLE 32. FORESTS, WATERS AND STATE PARKS
PART IV. CONSERVATION AND LAND DEVELOPMENT
CHAPTER 102. LAND AND WATER CONSERVATION AND RECLAMATION
Date:
08/31/2009
Document:
§ 5116. Allotment of moneys
(a) The moneys received by the Commonwealth from the issuance and sale of bonds and notes pursuant to this act when appropriated by the General Assembly from the development fund shall be allotted for the following specific purposes:
(1) To the Department of Environmental Resources the sum of two hundred million dollars ($ 200,000,000) for the elimination of land and water scars created by past mining practices, one hundred twenty million dollars ($ 120,000,000) of which shall be used for the prevention, control and elimination of stream pollution from mine drainage, the restoration of abandoned strip mine areas, or the elimination or control of abandoned mine conditions detrimental to public health and safety, twenty million dollars ($ 20,000,000) of which shall be used for the prevention, control and elimination of air pollution from abandoned burning coal refuse banks provided such land and bank material is publicly owned, and sixty million dollars ($ 60,000,000) of which shall be used for the prevention of surface subsidence and elimination of subsidence hazards above abandoned mine operations, for the sealing of abandoned deep mines, for the control and extinguishment of surface and underground fires from abandoned mines and for administration expenses attendant thereto.
If the Secretary of Environmental Resources makes a finding of fact that: (i) a mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining is at a stage where in the public interest immediate action should be taken; and (ii) the owners of the property upon which entry must be made to combat the mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining are not known, are not readily available or will not give permission for the Secretary of Environmental Resources, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors to enter upon such premises.
Then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Secretary of Environmental Resources, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors, shall have the right to enter upon the premises and any other land in order to have access to the premises to combat the mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining and to do all things necessary or expedient to do so. Such entry shall not be construed as an act of condemnation of property or of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry. Provided however, that this provision is not intended to create new rights of action or eliminate existing immunities.
The Secretary of the Department of Environment Resources, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors, shall have the right to enter upon any lands for the purpose of conducting a study or exploratory work to determine if stream pollution from mine drainage, air pollution from abandoned burning coal refuse banks, subsurface subsidence or surface and underground fires exists and to determine the feasibility of correcting such conditions. Such entry shall not be construed as an act of condemnation of property or of trespass thereon.
Within six months after the completion of any of the work to abate non-emergency pollution conditions from past mining practices herein contemplated on any privately owned property, the Secretary of Environmental Resources shall itemize the moneys so expended and may file a statement thereof in the office of the prothonotary of the county in which the land lies together with a notarized appraisal by an independent appraiser of the value of the land before and after the abatement of the pollution conditions herein contemplated, if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the abatement of the pollution immediately after the Department of Environmental Resources has completed its work, and the lien shall extend only to that portion of the premises directly involved in the work of the Department of Environmental Resources under this act. The landowner may proceed as provided by the "Eminent Domain Code" to petition for a board of view within sixty days of the filing of the lien, to determine the increase in the market value of that portion of the premises directly involved in the work herein contemplated as a result of the abatement of the pollution conditions. The amount reported by the board of viewers to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision of the viewers may appeal as provided in the "Eminent Domain Code."
The lien provided herein shall be entered in the judgment index and shall be given the effect of a judgment against the said land. The lien shall be enforced by the direct issuance of a writ of execution without prosecution to judgment of a writ of scire facias in the manner provided by law for the enforcement, collection and revival of municipal liens.
The Department of Environmental Resources is authorized to expend funds, as appropriated in this section for the emergency abatement of a mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining whenever created if the Secretary of Environmental Resources makes a finding of fact that: (i) an emergency exists constituting an extreme danger to the public; and (ii) no other person or agency will act to combat the condition. The department, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors shall have the right to enter upon the premises where the emergency exists and any other land to have access to the premises to combat the mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining and to do all things necessary or expedient to do so. Such entry shall not be construed as an act of condemnation of property or of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and refuse piles located thereon and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.
All moneys expended under this act for the emergency abatement of mine fires, refuse bank fires, stream pollution from mine drainage or subsidence may be recovered in full from the landowner, or any other person if they were liable under law for abating the conditions resulting in the emergency. The moneys expended for the emergency abatement of these conditions is hereby declared to constitute a debt which may be recovered in any action at law to compel payment of debts. If the landowner of the premises, or any other person is not liable under any law to abate the aforesaid emergency conditions then, within either six months after the completion of any of the work herein contemplated or within six months after a final court determination of the absence of liability, the Secretary of Environmental Resources may file a lien upon the terms and conditions provided herein.
(I) The Department of Environmental Resources shall have the power and authority, if not granted it otherwise, to engage in the work aforesaid and to do all things necessary and expedient to effect such programs. The Department of Environmental Resources shall have the power and authority to enter into co-operative abatement projects under this act with the United States of America and its agencies and other states and their agencies. In addition to any other remedies provided for in this act, the Attorney General, at the request of the department, may initiate, in the Commonwealth Court or the court of common pleas of the county in which the land lies, an action in equity for an injunction to restrain any interference with the exercise of the rights of entry provided herein or the conduct of any project contemplated herein.
(II) The Department of Environmental Resources shall have the power and authority to construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water: Provided, That the above provisions of this paragraph shall not be deemed in any way to repeal or supersede any portion of the act of June 22, 1937 (P.L. 1987, No. 394), as amended, known as "The Clean Streams Law," and no control or treatment hereunder shall be in any way less than that required under the act of June 22, 1937 (P.L. 1987, No. 394), as amended, known as "The Clean Streams Law." The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plant. In the operation of such plant or plants the Department of Environmental Resources shall have the power to permit coal mine operators or owners to discharge their mine drainage to such plant or plants and the Secretary of Environmental Resources shall have the authority to charge coal mine operators or owners for the treatment of such mine drainage. The charge to the coal mine operators or owners for the treatment of such mine drainage shall be based upon their proportional share of the capital and operating cost and the quantity and quality of the pollutant. Further, the Secretary of Environmental Resources shall have the authority to sell any by-product or products resulting from the operation of such plants. Any such moneys so received shall be placed in the General Fund and are hereby appropriated to the Department of Environmental Resources.
(III) The Secretary of Environmental Resources shall have the power and authority to establish rules and regulations and establish rates to implement the foregoing paragraph. Such rules and regulations may provide for the escrowing of payments made prior to the construction or operation of the plant or plants.
(2) To the Department of Health the sum of one hundred million dollars ($ 100,000,000) for State aid to political subdivisions and municipal authorities for the construction, reconstruction and improvement of municipal sewage treatment plants.
(I) The Secretary of Health is authorized to make grants to political subdivisions and municipal authorities for the construction, reconstruction and improvement of municipal sewage treatment plants. Such grants shall be made pursuant to rules and regulations adopted by the Sanitary Water Board.
(II) The Sanitary Water Board is hereby empowered to adopt such rules and regulations as are necessary to implement the awarding of construction grants to political subdivisions and municipal authorities. Such rules and regulations shall include, but are not limited to (i) requirements pertaining to applications for the grants; (ii) the determination of eligible projects; (iii) the determination of the costs upon which the grant awards shall be based; (Costs may include engineering, financial, legal and administrative expenses necessary for the construction, reconstruction and improvement of a sewage treatment plant. This may include major interceptors and other facilities appurtenant to the plant.) (iv) a priority system for the awarding of grants; (The board may consider, in addition to water pollution control needs, such financial needs as are deemed relevant including per capita cost.) (v) determination of the amount of the grant. (The board may consider the availability of Federal grants in determining the eligible project costs.)
(III) The Department of Health shall administer the construction grant program.
(3) To the Department of Forests and Waters, Fish and Game Commissions and Historical and Museum Commissions, the sum of one hundred twenty-five million dollars ($ 125,000,000) for the cost of planning, related administrative expenses and development of public outdoor recreation areas including lands acquired with Project 70 funds. Projects to be planned and developed shall be submitted to the State Planning Board for its review and recommendations prior to final approval by the Governor. Upon receipt of stipulated approvals, the department or commission concerned shall proceed in the manner provided by applicable provisions of law which may govern the planning and development of State lands. Whenever lands to be planned and developed as public outdoor recreation areas have landmarks, sites or structures of historical significance on them, the Historical and Museum Commission shall be consulted relative to the need for, and the appropriate development of, said historical features. The department or commission concerned shall have the power to promulgate such rules and regulations as may be necessary to effectuate the development program undertaken. The allocation of one hundred twenty-five million dollars ($ 125,000,000) shall be apportioned among the aforesaid department and commissions by the Governor.
(4) To the Department of Community Affairs, the sum of seventy-five million dollars ($ 75,000,000) for State grants-in-aid to political subdivisions to pay up to fifty percent of the cost (i) of development of county and municipal park and recreation lands including lands acquired under the act of June 22, 1964 (P.L. 131), known as the "Project 70 Land Acquisition and Borrowing Act," to be used for county and municipal park and recreation purposes; (ii) to acquire and develop additional county and municipal park, recreation, and open space lands in those regions where the statewide outdoor recreation plan indicates a need for those lands; and (iii) for studies conducted to determine park and recreational needs and the location of facilities.
(b) The manner of grants-in-aid and of development, acquisition and studies by political subdivisions shall be as follows:
(I) A request for State grants-in-aid shall be made by the governing body of a political subdivision or subdivisions to the Department of Community Affairs.
(II) The Department of Community Affairs, after receipt, review and approval of a completed application shall forward such application to the State Planning Board for review and determination of its compliance with the statewide outdoor recreation plan.
(III) The State Planning Board will present the application with recommendations to the Governor for final approval.
(IV) Such development projects shall be submitted to the Department of Community Affairs by the political subdivision in an application which contains information as may be required by the Department of Community Affairs. Upon approval of such project application, the park and recreational facility shall be constructed by the political subdivision according to standards and provisions required or set by State laws and in accordance with the contracts, bidding procedures and manner established, approved and/or accepted by the Department of Community Affairs or other designated agencies of the Commonwealth and in accordance with the construction, site and financial plans and specifications required, reviewed and approved by the Department of Community Affairs or other agencies of the Commonwealth or private consulting firm retained for the purpose of project review.
(V) Such land acquisition projects shall be submitted to the Department of Community Affairs by the political subdivision in an application which contains maps, appraisals, and other information as may be required by the Department of Community Affairs. Such lands shall be acquired by purchase agreement or by eminent domain proceedings in the manner provided by applicable provisions of law which may govern land acquisition for such purposes by such political subdivisions.
The political subdivision shall have the power to acquire rights in real property, which include but are not limited to fee simple, easements, remainder, future interest, lease, license, restriction, or covenant of any sort, contractual interest or rights concerning the use of or power to transfer property, in order to protect and preserve open space benefits.
The Commonwealth's share of the cost of such development, land acquisition and study projects shall be paid by the State Treasurer on the audit and warrant of the Auditor General on the requisition of the Secretary of the Department of Community Affairs.
The Department of Community Affairs shall be empowered to promulgate rules and regulations, undertake studies and employ personnel and consultants and provide grants to political subdivisions to undertake studies as necessary in order to properly administer this act and to determine the recreation and park needs of political subdivisions and the advisability of granting State aid.
(c) The expenditure of moneys appropriated pursuant to the provisions of this section shall not exceed twenty percent of any particular appropriation or allocation during the period from the effective date of this act until June 30, 1969, nor shall any expenditures exceed twenty percent of any particular appropriation or allocation during any two year period subsequent to June 30, 1969.
|