(a) The owner of a
structure enumerated in §
89.142a(f)(1)
(relating to subsidence control: performance standards) who believes that
underground mining operations caused mine subsidence resulting in damage to the
structure and who wishes to secure repair of the structure or compensation for
the damage shall provide the operator responsible for the underground mining
operations with notification of the damage to the structure.
(b) If the operator agrees that mine
subsidence damaged the structure, the operator shall fully repair the damage or
compensate the owner for the damage in accordance with either §
89.142a(f) or a
voluntary agreement between the parties authorized by section 5.6 of The
Bituminous Mine Subsidence and Land Conservation Act (
52 P. S. §
1406.5f).
(c) If the parties are unable to agree as to
the cause of the damage or the reasonable cost of repair or compensation for
the structure, the owner of the structure may file a claim in writing with the
Department. The owner of a structure that is not an EPACT structure shall file
the claim within 2 years of the date the structure was damaged.
(d) Upon receipt of the claim, the Department
will send a copy of the claim to the operator and conduct an investigation in
accordance with the following procedure:
(1)
Within 30 days of receipt of the claim, the Department will conduct an
investigation to determine whether underground mining operations caused the
subsidence damage to the structure and provide the results of its investigation
to the property owner and mine operator within 10 days of completing the
investigation.
(2) Within 60 days
of completion of the investigation, the Department will determine, and set
forth in writing, whether the damage is attributable to subsidence caused by
the operator's underground mining operations and, if so, the reasonable cost of
repairing or replacing the damaged structure.
(3) If the Department finds that the
operator's underground mining operations caused the damage to the structure,
the Department will either issue a written order directing the operator to
promptly compensate the structure owner or issue an order directing the
operator to promptly repair the damaged structure. The Department may extend
the time for compliance with the order if the Department finds that further
damage may occur to the same structure as a result of additional
subsidence.
Notes
The
provisions of this § 89.143a adopted June 12, 1998, effective
6/13/1998, 28 Pa.B. 2761;
amended October 21, 2005, effective 10/22/2005, 35 Pa.B.
5775.
The provisions of this § 89.143a amended under
section 7 of The Bituminous Mine Subsidence and Land Conservation Act (BMSLCA)
(52
P. S. §
1406.7); section 5 of The Clean
Streams Law (35 P. S. §
691.5);
section 4.2 of the Surface Mining Conservation and Reclamation Act
(52
P. S. §
1396.4b); section 3.2 of the
Coal Refuse Disposal Control Act (52 P. S. §
30.53b); and section 1920-A of The
Administrative Code of 1929 (71 P. S. §
510-20).
Editor's Note: Certain parts of the
rulemaking at 35 Pa.B. 5775 are authorized under a Federal action that
superseded sections 5.1(b), 5.2(g)-(h), 5.4(a)(3) and (c) and 5.5(b) of the
BMSLCA (52 P. S. §§
1406.5a(b),
1406.5b(g)-(h), 1406.5d(a)(3)
and (c) and 1406.5e(b)) to the extent these statutory provisions conflicted
with the Federal Surface Mining Control and Reclamation Act of 1977 (Federal
SMCRA) (30 U.S.C.A.
§§
1201-1328). The Federal
action effecting these changes was published at 69 FR 71551 (December 9, 2004).
