[HISTORY: Adopted by the Borough Council of the Borough of Bellefonte 8-16-1971 by Ord. No. 677 (Ch. 828 of the 1979 Codified Ordinances). Amendments noted where applicable.]
The Inspector of Mines and Quarries is hereby charged with the duty of entering, inspecting, examining and surveying any mine, colliery or quarry within the Borough, either during the day or at night. He may be accompanied by such other persons as may be necessary for the purpose of making an examination or survey.
The owner, operator or superintendent of any mine, colliery or quarry within the Borough or of any mine, colliery or quarry which has or maintains part of its workings within the Borough shall, at any and all reasonable times, either during the day or at night, allow the inspection of any part of the mine, colliery or quarry by the duly authorized Inspector of Mines and Quarries and such other persons as may be necessary for the purpose of making such an examination or survey. It shall be the obligation of the owner, operator or superintendent of such mine, colliery or quarry to furnish the means necessary for such entry, inspection, examination, survey and exit from the workings of such mine, colliery or quarry. The Inspector or any employee or authorized person accompanying him upon any inspection shall not make his inspection so as to impede or obstruct the workings of such mine, colliery or quarry. A copy of any report made by such Inspector shall be available to the owner, operator or superintendent of such mine, colliery or quarry at his request upon payment of any fee to the Borough required for the expense of copying such report.
It shall be the duty and obligation of any owner, operator, general manager, superintendent or person in charge of the work of any corporation, copartnership or association owning any mine, colliery or quarry which is located within the confines of the Borough or which maintains any workings, excavations or surface support within the confines of the Borough, within 90 days from the passage of this chapter (Ordinance No. 677, adopted August 16, 1971), to make or cause to be made and furnished to the Borough maps, plans and/or drawings of the workings, excavations and surface support of their operations within the Borough. Such maps, plans and drawings shall be drafted and submitted in accordance with the rules and regulations to be established by Council for the regulation of mine and quarry inspection and surface support. Such maps, plans and drawings shall include and indicate the elevation of the bottom of every shaft, slope, tunnel and gangway and of any other point in the mine or on the surface where such elevation is deemed necessary by the rules and regulations heretofore referred to. The map or plan shall show the number of the last survey on the gangways or the most advanced workings.
Every owner, operator, superintendent, general manager or person in charge of the work of any corporation, copartnership or association owning any mine, colliery or quarry shall place or cause to be placed upon the pertinent map required to be filed by § 360-3, at least once every 90 days, all the extensions made in any mine or quarry within the Borough during the preceding three months, except those made within 30 days immediately preceding the time of placing such extensions upon such map or drawing.
No person shall dig, mine, remove or carry away the rock, earth or other minerals or materials forming the natural support of the surface beneath the highways, streets and public places of the Borough to such an extent and in such a manner as to remove the necessary support of the surface without first having placed or constructed an artificial permanent support sufficient to uphold and preserve the stability of the surfaces of such highways, streets and public places. Prior to the mining, digging, removing or carrying away of any rock, earth or other minerals or materials forming the natural support of the surface beneath any such highways, streets or public places of the Borough, such person shall report such situation, in accordance with the rules and regulations of the Borough, to the Inspector of Mines and Quarries, who shall make an inspection of the circumstances and file a written report as to the propriety of the removal of such rock, earth or other minerals or materials and the substitution therefor of an artificial permanent support to uphold and preserve the stability of the surfaces aforesaid. If the Inspector of Mines and Quarries disapproves the digging, mining, removing or carrying away of the materials as aforesaid, or fails to approve the substituted artificial permanent support, then the Inspector shall file his written report, with copies to the mine owners, within 10 days of making his inspection, and any party aggrieved by his report shall have the right, within 30 days of the filing of such report, to appeal such action of the Inspector to Council, which shall review the findings of the Inspector, together with the position of the mine owners or operators, and render a decision within 10 days of the filing of any appeal to it. If the decision of Council aggrieves any party, then either party may appeal to the Court of Common Pleas of Centre County, Pennsylvania, in accordance with the rules and regulations established by the Borough as aforesaid.