[HISTORY: Adopted by the Board of Supervisors of the Township
of West Pike Run as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-1-1984 by Ord. No. 1984-1]
This article shall be deemed to be an exercise of the police
power of the Township of West Pike Run, for the general welfare of
the people of the Township, by providing for the conservation and
improvement of areas of land affected in the surface mining of bituminous
coal and metallic and nonmetallic minerals, and for the transportation
of materials; to aid thereby in the protection of wildlife, to enhance
the value of such land for taxation, to decrease soil erosion, to
aid in the prevention of pollution of rivers and streams, and, generally,
to improve the use and enjoyment of said lands.
This article shall be known and may be cited as the "Surface
Mining Conservation and Reclamation Ordinance of West Pike Run Township."
As used in this article, the following terms shall have the
meanings indicated:
An operation where no mineral has been produced or overburden
removed for a period of one year, verified by monthly reports submitted
to the Department by the operator, and by inspections made by mine
conservation inspectors, as hereinafter constituted, unless an operator,
within 30 days after receipt of notification by the Secretary terming
an operation abandoned, submits sufficient evidence to the Secretary
that the operation is in fact not abandoned and submits a timetable
satisfactory to the Secretary regarding plans for the reactivation
of the operation.
The State Soil and Water Conservation Commission.
Reclamation achieved by beginning at or beyond the top of
the highwall sloped to the toe of the spoil bank at a maximum angle
not to exceed the approximate original contour of the land with no
depressions to accumulate water.
From the horizontal and in each case shall be subject to
a tolerance of 5°.
The Department of Environmental Resources of the Commonwealth
of Pennsylvania.
The surface of the land upon which surface mining is conducted.
The land from which the minerals or materials is or are removed
and also that land occupied by the spoil piles.
The person, firm, corporation or partnership, or the persons,
firms, corporations, or partnerships in whom the legal or equitable
title to the land is vested.
The pit located upon a single tract of land or a continuous
tract embracing or extending upon two or more contiguous tracts of
land.
A person, firm, corporation or partnership engaged in surface
mining, as a principal as distinguished from an agent or independent
contractor, and, who is or becomes the owner, legal or equitable,
of the minerals as a result of such mining, but such operator shall
also be responsible for all agents or independent contractors with
whom he had any relationship.
The strata or material overlying a mineral deposit or in
between mineral deposits in its natural state and shall mean such
material before or after its removal by surface mining.
The place where any coal or metallic and nonmetallic minerals
are being mined by the surface mining method.
The Secretary of the Department of Environmental Resources
of the Commonwealth of Pennsylvania.
The overburden and reject minerals as piled or deposited
in surface mining.
The mining or recovery of coal from any and/or all veins
and metallic and nonmetallic minerals or any combination of the above
by removing the strata or material which overlies or is above or in
between the materials listed above in its natural condition or the
mining or recovery of the entire mineral body requiring by the breaching
of the surface for business or commercial purposes, and shall include
mining by drilling under the surface if part of a surface mining operation.
Grading where the steepest contour of the highwall shall
not be greater than 45° from the horizontal, with the table portion
of the restored area a flat terrace, unless otherwise approved by
the State Soil and Water Conservation Commission.
A single parcel of land or two or more contiguous parcels
of land with common ownership and/or use.
A.
After this article has been enacted by the Township Supervisors,
it shall be unlawful for any person to proceed to mine minerals by
the surface mining method as an operator within this Township without
first obtaining a license as a surface mining operator from the Township.
Applications for licensure as surface mining operators shall be made
in writing to the Township, upon forms prepared and furnished by the
Township, and shall contain such information as to the applicant,
or when the application is made by a corporation partnership or association
as to its officers, directors and owners, as the Township shall require.
The application for licensure shall be accompanied by a fee of $500.
It shall be the duty of all persons licensed as surface mining operators
to renew such license annually, and pay for each such license renewal
the sum of $500. The application for renewal of a license as a surface
mining operator shall be made annually on or before January 1 of the
next succeeding year.
B.
The Township shall not issue any new surface mining operator's license
or renew any existing surface mining operator's license to any person
or operator if it finds, after investigation that the applicant for
licensure or renewal has previously failed and continues to fail to
comply with any of the provisions of this article. Where the applicant
is a corporation, partnership, or association, the Township shall
not issue such license or renewal if, after investigation, it finds
that any officer or director or owner of such corporation, partnership
or association has previously failed and/or continues to fail to comply
with any of the provisions of this article, or if any such officer
or director or owner of any other corporation, partnership or association,
which has previously failed and/or continues to fail to comply with
any of the provisions of this article.
A.
Before any person licensed as a surface mining operator shall hereafter
proceed to mine minerals by the surface mining method, he shall obtain
from all federal and state agencies such permits as may from time
to time be then required for all such agencies.
B.
Each application for a license shall be accompanied by a detailed
proposal showing the manner by which the operator plans to return
the land to some useful purpose after the operation is completed,
together with a time schedule for same. If, in the mining operation,
overburden is produced, this overburden must be returned so that the
surface is returned to its approximate original contour as defined
in this article, or if the original contour has a slope greater than
15° the overburden may be returned so that a terracing type of
contour will be obtained, provided that the permission of the Township
to do so has been obtained. In such cases, the detailed proposal of
restoration must show the time and distance for backfilling, the manner
in which the operator plans to divert surface water from draining
into the pit and the manner in which he plans to prevent water from
accumulating in the pit. If the above contour or terracing reclamation
information is obtained to satisfaction of the Township, it may approve
the application or it may refer it to any relevant body or agency
or agent to act on behalf of the Township. The Township may approve
terracing; provided, however, that approval for this type of contouring
shall not be granted unless the steepest contour of the highwall shall
be no greater than 45° and there be no depressions to hold water
which may percolate through the soil and produce acid drainage. The
approval of such contouring shall in no way be construed as reducing
the responsibilities of the operator to prevent stream pollution;
but such approval shall be a responsibility in addition thereto.
C.
The Township shall not issue any additional license to any operator
who has failed, and/or continues to fail to comply with the provisions
of this article under any license previously issued and shall suspend
or terminate all existing licenses until compliance.
D.
When the requirements of this article are met and no claims are outstanding
under this article against the operator, or in the case of any corporation,
partnership or association against any officer, director or owner
thereto, a permit shall issue forthwith.
E.
If the Township does not approve the application for a permit, or
an amended permit, they shall promptly notify the operator by registered
mail setting forth their reasons therefor. The operator may then take
such steps as are required to remove the objections.
F.
Prior to commencing surface mining, the operator shall file with
the Township a bond for each operation, on a form to be prescribed
and furnished by the Township, payable to the Township and conditioned
that the operator shall faithfully perform all of the requirements
of this article. The amount of the bond required for each operation
shall be dependent upon the overburden and the contour, the depth
of the pit and the type of land reclamation approved and shall be
as determined by the Township but such bond shall not be less than
$1,500 for each acre up to 30 feet cover, nor more than $30,000 per
acre for 30 feet or more cover based upon the number of acres of land
in each operation (which will be affected by surface mining during
the following year), provided that no bond shall be filed for less
than $10,000. Liability under such bond shall be for the duration
of surface mining at each operation, and for a period of two years
thereafter, unless released prior thereto as hereinafter provided.
Such bond shall be executed by the operator and a corporate surety
licensed to do business in the commonwealth; provided, however, that
the operator may elect to deposit cash or negotiable bonds of the
United States Government or the Commonwealth of Pennsylvania, the
Pennsylvania Turnpike Commission, the General State Authority, the
State Public School Building Authority, or any municipality within
the commonwealth, with the Township in lieu of a corporate surety.
The cash deposit or market value of such securities shall be equal
at least to the sum of the bond. The Township shall, upon receipt
of any such deposit of cash or securities, immediately place the same
with the Township Treasurer, whose duty it shall be to receive and
hold the same in the name of the Township, in trust, for the purposes
for which such deposit is made. The Township Treasurer shall at all
times be responsible for the custody and safekeeping of such deposits.
The operator making the deposit shall be entitled from time to time
to demand and receive from the Township Treasurer, on the written
order of the Township, the whole or any portion of any securities
so deposited, upon depositing with the Treasurer, in lieu thereof,
other negotiable securities of the classes herein specified having
a market value at least equal to the sum of the bond, and also to
demand, receive and recover the interest and income from said securities,
as the same become due and payable; provided, however, that where
securities deposited as aforesaid mature or are called, the Township
Treasurer, at the request of the operator shall convert such securities
into such other negotiable securities of the classes herein specified
as may be designated by the operator.
G.
Prior to commencing any surface mining, the operator shall obtain
upon an approved application, a permit authorizing transportation
of any coal, minerals, metallic and nonmetallic materials, or other
matter or material over Township roads. This permit shall be issued
only upon a clear showing that no damage whatsoever of any nature
or kind shall occur to the Township roads and/or bridges as a result
of transporting said materials. In the event the Township, at its
sole discretion, determines that damage could occur to said roadways,
then by resolution the Township shall secure a bond from the operator
in an amount sufficient to cover said roadways and to cover any bridges
affected thereby from any and all possible damage. The Township shall
determine the amount of bond upon each and every application, taking
into consideration construction, design and materials of the highways
and bridges affected, and the Township shall be the sole judge of
the amount of the bond subject only to the test of being reasonable
under the circumstances.
All blasting shall be conducted in compliance with rules and
regulations of any and all state and federal regulatory agencies,
as well as any regulations of the Township which are presently in
effect or which may be in effect at the time of the blasting.
Any authorized agent of the Township shall have the right to
enter upon and inspect all surface mining operations, whether or not
at the time anyone else is on the property, for the purpose of determining
compliance with the provisions of this article, including, but not
limited to, compliance with the rules and regulations aforementioned
regulating blasting.
Within six months after the operation is completed or abandoned, the operator shall reclaim all land in accordance with the plan previously approved by the Township. An operator may, with the written approval of the landowner, propose alternative plans for reclamation wherein the land can be used for suitable purposes consistent with the exercise of the police power as set forth in § 203-1 of this article. Such plans are to first be submitted to the Township, and, if such plans are approved by the Township, and complied with within the times herein prescribed for reclamation and planting, or such other time limits as may be agreed upon as being reasonable for carrying out such plans, the reclamation and planting requirements will be waived by the Township. Whenever reasonable and practicable, the Township shall require reclamation and planting as the surface mining progresses. All reclamation shall be completed before any equipment used in reclamation is moved from the operation. Within three months after the reclamation is completed, the operator shall file with the Township a completion form on a form prescribed and furnished by the Township.
Within one year after the operation has been reclaimed in compliance with the plan earlier submitted, or sooner if necessity by a requirement made by the Township in accordance with the provisions of § 203-8 aforesaid, the operator shall plant trees, shrubs or grasses upon the land affected by surface mining, and take whatever steps are necessary to insure natural growth.
If the operator fails or refuses to comply with the requirements
of the article in any respect for which liability has been charged
on the bond, the Township shall declare such portion of the bond forfeited,
and shall certify the same to the Township Solicitor, who shall proceed
to enforce and collect the amount of liability forfeited thereon,
and, where the operator has deposited cash or securities as collateral
in lieu of a corporate surety, the Township shall declare such portion
of said collateral forfeited, and shall direct the Township Treasurer
to pay said funds into a Surface Mining Conservation and Reclamation
Fund established by the Township as hereinafter provided or to proceed
to sell said securities to the extent forfeited and pay the proceeds
thereof into said Surface Mining Conservation and Reclamation Fund.
All funds received by the Township from forfeiture of bonds,
and of cash deposits and securities, shall be held by the Township
Treasurer in a special fund, separate and apart from all other monies
in the Township Treasury, to be known as the "Surface Mining Conservation
and Reclamation Fund," and shall be used by the Township for the purpose
of enforcement of this article or the foresting and/or reclaiming
of land affected by surface mining of any coal or metallic and nonmetallic
minerals, or for any other conservation purposes.
Any person who proceeds to mine by the surface mining method
as an operator without having applied for and received a license as
herein provided shall be guilty of a violation of this article and,
upon conviction, shall be sentenced to pay a fine of not less than
$1,000, and not exceeding $5,000, or to undergo imprisonment not exceeding
30 days or both. The fine shall be payable to the Township Surface
Mining Conservation and Reclamation Fund. Each and every day that
the operator continues to be in violation of any of the provisions
of this article shall be deemed to be a separate violation for which
a separate sentence shall be imposed.
In lieu of the forms that an operator is required to submit
to the Township, the Township may at its sole discretion accept similar-type
forms as may be required to be filed with the Department of Environmental
Resources of the Commonwealth of Pennsylvania or the Secretary of
that Department or with any other department or agency of the state
or federal government.
