This section and §§
86.122-86.129 do not apply to areas on
which:
(1) Surface mining operations
were being conducted on August 3, 1977.
(2) Surface mining operations have been
authorized by a valid permit issued under the Surface Mining Conservation and
Reclamation Act (52 P. S. §§
1396.1-1396.19b), the Coal Refuse
Disposal Control Act (52 P. S. §§
30.51-30.66), The Clean Streams Law
(35
P. S. §§
691.1-691.1001) or The Bituminous
Mine Subsidence and Land Conservation Act (52 P. S. §§
1406.1-1406.21).
(3) A person establishes that substantial
legal and financial commitments in surface mining operations were in existence
prior to January 4, 1977.
Notes
The
provisions of this § 86.121 adopted December 19, 1980, 10 Pa.B. 4789,
effective 7/31/1982, 12 Pa.B.
2382; amended July 30, 1982, 12 Pa.B. 2473, effective
7/31/1982, 12 Pa.B. 2382;
amended June 15, 1990, 20 Pa.B. 3383, effective 7/27/1991, 21 Pa.B. 3316; amended December 13,
1996, effective 12/14/1996, 26
Pa.B. 5962; amended October 8, 1999, effective 10/9/1999, 29 Pa.B. 5289; amended August 21,
2015, effective 8/22/2015, 45
Pa.B. 4904.
The provisions of this § 86.121 amended under
the Surface Mining Conservation and Reclamation Act (52 P. S. §§
1396.1-1396.19a); the Coal Refuse
Disposal Control Act (52 P. S. §§
30.51-30.66); The Clean Streams Law
(35
P. S. §§
691.1-691.1001); and sections
1920-A and 1930-A of The Administrative Code of 1929 (71 P. S.
§§
510-20 and
510-30).
This section cited in 25 Pa. Code §
86.103 (relating to procedures);
and 25 Pa. Code §
86.130 (relating to areas
designated as unsuitable for
mining).
