[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:
ABANDONED
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.
COMMISSION
The State Soil and Water Conservation Commission.
CONTOURING
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.
DEGREE
From the horizontal and in each case shall be subject to
a tolerance of 5°.
DEPARTMENT
The Department of Environmental Resources of the Commonwealth
of Pennsylvania.
LAND
The surface of the land upon which surface mining is conducted.
LAND AFFECTED
The land from which the minerals or materials is or are removed
and also that land occupied by the spoil piles.
LANDOWNER
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.
OPERATION
The pit located upon a single tract of land or a continuous
tract embracing or extending upon two or more contiguous tracts of
land.
OPERATOR
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.
OVERBURDEN
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.
PIT
The place where any coal or metallic and nonmetallic minerals
are being mined by the surface mining method.
SECRETARY
The Secretary of the Department of Environmental Resources
of the Commonwealth of Pennsylvania.
SPOIL PILE
The overburden and reject minerals as piled or deposited
in surface mining.
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.
TERRACING
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.
TRACT
A single parcel of land or two or more contiguous parcels
of land with common ownership and/or use.
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.