Pa Mining Law

8/3/2019 Pa Mining Law

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834 Act No. 275 LAWS OF PENNSYLVANIA,

No. 275

AN ACT

HB 2213

Amending the act ofApril 9, 1929 (P.L.177), entitled An act providing for andreorganizing the conduct of the executive and administrative work of theCommonwealth by the Executive Department thereof and the administrativedepartments, boards, commissions, and officers thereof, including the boards oftrustees of State Normal Schools, or Teachers Colleges; abolishing, creating,reorganizing or authorizing the reorganization of certain administrativedepartments, boards, and commissions; defining the powers and duties of theGovernor and other executive and administrative officers, and of the severaladministrative departments, boards, commissions, and officers; fixing thesalaries ofthe Governor, Lieutenant Governor, and certain other executive and

administrative officers; providing for the appointment ofcertain administrativeofficers, and of all deputies and other assistants and employes in certaindepartments, boards, and commissions; and prescribing the manner in whichthe number and compensation of the deputies and all other assistants andemployes of certain departments, boards and commissions shall bedetermined, creating the Department of Environmental Resources anddefining its functions, powers and duties, transferring certain boards andcommissions to such department, abolishing the Sanitary Water Board, the AirPollution Commission and certain other boards and commissions; placing theNavigation Commission for the Delaware River and its navigable tributaries inthe Department ofTransportation; transferring the functions ofthe GeographicBoard to the Pennsylvania Historical and Museum Commission placing theValley Forge Park Commission and the Washington Crossing Park Commissionin the Pennsylvania Historical and Museum Commission and repealinginconsistent acts,

The General Assembly of the Commonwealth of Pennsylvania herebyenacts as follows:

Section 1. Section 201, act ofApril 9, 1929 (P.L.177), known as TheAdministrative Code of 1929, amended May 6, 1970 (Act No. 120), is

amended to read:Section 201. Executive Officers, Administrative Departments and

Independent Administrative Boards and Commissions_The executive

and administrative workofthis Commonwealth shallbe performed by theExecutive Department, consisting ofthe Governor, Lieutenant Governor,Secretary of the Commonwealth, Attorney General, Auditor General,State Treasurer, and Superintendent of Public Instruction; by theExecutive Board, and the Pennsylvania State Police; by the followingadministrative departments: Department of State, Department of Justice,

Department ofthe Auditor General, Treasury Department, Departmentof Public Instruction, Department of Military Affairs, InsuranceDepartment, Department of Banking, Department of Agriculture,[Department of Forests and Waters, Department of Mines and MineralIndustries,] Department ofTransportation, Department ofHealth, Department

Highways in original


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SESSION OF 1970. Act No. 275 885

ofLabor and Industry, Department ofPublic Welfare, Department ofPropertyand Supplies, Department of Revenue, Department of Commerce, [and]

Department of Community Affairs and Department of EnvironmentalResources; and by the following independent administrative boards and

commissions: Pennsylvania Game Commission, Pennsylvania FishCommission, State Civil Service Commission, Pennsylvania Public Utility

Commission, and the Pennsylvania Historical and Museum Commission.All ofthe provisions ofthis act, which apply generally to administrative

departments, or generally except to the Department of the AuditorGeneral and the Treasury Department, shall apply to the Executive Boardand to the Pennsylvania State Police.

Section 2. As much as applies to the Department of Forests andWaters, Department ofMines and Mineral Industries and the DepartmentofHealth ofsection 202 ofthe act, amended June 6, 1945 (P.L. 1398), July25, 1961 (P.L.822), and August 14, 1963 (P.L.1117), is amended to read:

Section 202. Departmental Administrative Boards, Commissions, andOfficesThe following boards, commissions, and offices are herebyplaced and made departmental administrative boards, commissions, oroffices, as the case may be, in the respective administrative departmentsmentioned in the preceding section, as follows:

[In the Department of Forests and Waters,Water and Power Resources Board,

Geographic Board,Pennsylvania State Park and Harbor Commission of Erie,Washington Crossing Park Commission,

Valley Forge Park Commiss ion; ]

[In th e Department of Mines and Mineral Industr ies,

Anthracite Mine Inspectors,

Bi tuminous Mine Inspectors,Anthracite Mine Inspectors Examining Board,

Mine Inspectors Examining Board fo r th e Bituminous Coal Minesof Pennsylvania,

Oil an d Gas Inspectors Examining Board,

Oil a n d G as Conservat ion Commiss ion . ]In th e Department of Health,

[Sanitary W ater Board,]State Board of Undertakers;

Section 3. Section 202 of the act is amended by adding, before the last

paragraph, a new clause to read:Section 202. Departmental Administrative Boards, Commissions, and


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OfficesThe following boards, commissions, and offices are hereby placed and

made departmental administrative boards, commissions, or offices, as the case

may be, in the respective administrative departments mentioned in the preceding

section, as. follows:

In the Department ofEnvironmental Resources,

Environmental Quality Board,

Environmental Hearing Board,State Boardfor Certification ofSewage Treatment and

Waterworks Operators,

State Soil and Water Conservation Commission,

Anthracite Mine Inspectors,

Bituminous Mine Inspectors.

All of the foregoing departmental administrative boards andcommissions shall be organized or reorganized as provided in this act.

Section 4. As much as applies to the Department ofTransportation ofsection 202 of the act, added May 6, 1970 (Act No. 120), is amended to

read:

Section 202. Departmental Administrative Boards, Commissions, andOfficesThe following boards, - commissions, and offices are hereby

placed and made departmental administrative boards, commissions, or

offices, as the case may be, in the respective administrative departmentsmentioned in the preceding section, as follows:

In the Department of Transportation,Hazardous Substances Transportation Board,

Navigation Commissionfor the Delaware River and its navi-

gable tributaries.

All of the foregoing departmental administrative boards andcommissions shall be organized or reorganized as provided in this act.

Section 5. Section 203 of the act, amended July 13, 1957 (P.L.852),January 3, 1968 (P.L.922) and July 9, 1970 (Act No. 161), is amended toread:

Section 203. Advisory Boards and CommissionsThe following

advisory boards and commissions are: placed in and made parts of the

respective administrative departments, as follows:

In the Department of Military Affairs,

State Military Reservation Commission,

State Veterans Commission;

In the Department of [Forests and Waters] EnvironmentalResources,

[State Fores t Commiss ion ,Flood Control Commission, ]Citizens Advisory Council;

In the Department of Health,


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Advisory Health Board;In the Department of Labor and Industry,

Industrial Board,Advisory Council on Affairs of the Handicapped,

Advisory Board on Problems of Older Workers;In the Department of Public Welfare,

State Board of Public Welfare,Advisory Committee for the Aging,~Advisory.Committee for the Blind,

Advisory Committee for General and Special Hospitals,

Advisory Committee frChildren and Youth,

Advisory Committee for Pt~blic~Assistance,

Advisory Committee for Mental Health and Mental Retar-

dation;In the Department of Property and Supplies,

General Galusha-Pennypacker Monument Commission;[In the Department of Mines,

Coal Research Board;]

In the Department ofCommerce,Board of the Pennsylvania Science and Engineering Foundation.

Section 6. Section 206 of the act, amended May 6, 1970 (Act No. 120), is

amended to read:Section 206. Department HeadsEach administrative department shall

have a s its head an officer who shall, either personally, by deputy, or by the dulyauthorized agent or emplye ofthe department, and subject at all times to theprovisions of this act, exercise the powers and perform the duties by law vestedin and imposed upon the department.

The following officers shall b e the heads of the administrative departmentsfollowing their respective titles:

~Secretaryof the Commonwealth, of the Department of State;

Attorney General, of the Department of Justice;Auditor General, of the Department of the Auditor General;State Treasurer, of the Treasury Department;Superintendent of Public Instruction, of the Department of Public

Instruction;Adjutant General, of the Department of -Military Affairs;Insurance Commissioner, of the Insurance Department;Secretary of Banking, of~theDepartment of Banking;Secretary of Agriculture, of TheDepartment of Agriculture;

[Secretary of Forests and Waters, of the Department of Forestsand Waters;

Secretary of Mines and Mineral Industris~ofthe Department of Mines

and mineral Industries;]Secretary of Transportation, of the Department of Transportation;Secretary of Health, of the Department of Health;


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Secretary ofLabor and Industry, of the Department ofLabor

and Industry;

Secretary of Public Welfare, of the Department ofPublic Welfare;

Secretary of Property and Supplies, ofthe Department ofProperty

and Supplies;Secretary ofRevenue, of the Department of Revenue;

Secretary ofCommerce, ofthe Department ofCommerce;Secretary ofCommunity Affairs, ofthe Department ofCommunity

Affairs;

Secretary ofEnvironmental Resources, ofthe Department

ofEnvironmental Resources,Section 7. The first paragraph of clause (a) ofsection 207 of the act,

amended May 6, 1970 (Act No. 120), is amended to read:

Section 207. Appointment.The Governor shall nominate and, byand with the advice and consent of two-thirds ofall the members of the

Senate, appoint:(a) The Secretary of the Commonwealth, the Attorney General, the

Superintendent of Public Instruction, the Adjutant General, the InsuranceCommissioner, the Secretary ofBanking, the SecretaryofAgriculture, [theSecretary of Forests and Waters, the Secretary of Mines,] the Secretary of

Transportation, the Secretary ofHealth, the Commissioner ofthe Pennsylvania

State Police, the Secretary ofLabor and Industry, the Secretary ofPublic

Welfare,the Secretary ofProperty and Supplies, the Secretary ofRevenue, the Secretaryof Commerce, the Secretary of Community Affairs, the Secretary ofEnvironmental Resources, and the members of all independent

administrative boards and commissions.

Section 8. Sections423, 424, 431, 432 and 434 ofthe act are repealed.Section 9. Sections 435, 436 and 438 of the act are amended to read:Section 435. Washington Crossing Park Commission.The

Washington Crossing Park Commission shall consist of the [Secretary ofForests and WatersJ Chairman of the Historical and Museum

Commission, ex officio, and ten other persons.The commission shall annually elect a chairman and a secretary.Six members of the commission shall constitute a quorum.Section 436. Valley Forge ParkCommission.The Valley Forge Park

Commission shall consist ofthe [Secretary ofForests and Waters] Chair-manoftheHistorical andifuseumCommission, ex officio, and thirteen otherpersons.

The commission shall annually elect a chairman and a secretary.Seven members shall constitute a quorum.

Section 438. Mine InspectorsThere shall be as many anthracite

of the act omitted in original.


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mine inspectors, and as many bituminous mine inspectors, as may now orhereafter be provided by law. All such mine inspectors shall be appointed,

respectively, from among persons holding valid certificates ofqualification issued by the [Anthracite Mine Inspectors Examining Board, or

the Examining Board for the Bituminous Coal Mines of Pennsylvania]DepartmentofEnvironmental Resources.

The manner of appointing mine inspectors, their qualifications, andtheir terms ofoffice, shallbe as may now or hereafter be provided by law.

[Each mine inspector shall receive a salary at the rate offour thousand eight

hundred dollars per annum.]

Section 10. Section 439 ofthe act is repealed.

Section 11. Clauses (c) and (d) of section 448 of the act are repealed.

Section 12. Section 448 ofthe act is amended by adding a new clause to read:

Section 448. Advisory Boards and Commissions.The advisory boards and

commissions, within the several administrative departments, shall be constituted

as follows:

(p) The CitizensAdvisory Council shall consist ofthe SecretaryofEnvironmentalResources, six members who shallbeappointedby theGovernor, no more than threeofwhom shallbe ofthe samepoliticalparty, six members who shall be appointed by the President Pro

TernporeoftheSenate, no more than threeofwhomshallbeofthe samepoliticalparty, andsix members who shallbeappointed bythe Speakerofthe HouseofRepresentativesno morethan threeofwhomshallbeofthe samepoliticalparty. The appointedmembersofthe councilshallbecitizens ofthe State, who, during their respective terms, shallhold n oother State office to which any salary is attached except that ofmembership on the EnvironmentalQualityBoard.

The term ofoffice ofeach appointed member shall be three years,measuredfrom the third TuesdayofJanuaryofthe year inwhich he

takes office, oruntilhis successor has been appointed; exceptthatin theinitial appointments of th e members of the council, the respectiveappointingauthoritiesshallappointtwo membersfor termsofoneyeareach, two membersfor terms oftuo years each, andtwo membersforterms ofthree years each .

The CitizensAdvisoryCouncilshallinclude persons knowledgeablein fields related to the work ofthe Department ofEnvironmentalResources such as, but not limited to , ecology, limnology, toxicology,pharmacolog~,organiculture, andindustrial technology.

The council shall annually elect one of its appointed members aschairman andshallelect asecretary who need not be a memberoftheco uncil. Meetingsofthe councilshallbe heldatleastquarterlyoratthecallofthe chairman.

The councilshallhave powerto employandfixthe compensationofsuch experts, stenographers, andassistantsas may be deemednecessary


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to carry outthe work ofthe council, butdue diligence shall be exercised

by the council to enlist such voluntary assistance as may be availablefrom citizens, research organizations, and other agencies in

Pennsylvania orelsewhere, generally recognized as qualified to aidthe

counciLSection 13. Sections 466 and 467 of the act are repealed.Section 14. Article IV ofthe act is amended by adding the following

new sections:

ARTICLE IVORGANIZATION OF DEPARTMENTAL

ADMINISTRATIVE BOARDS AND COMMISSIONSAND OF ADVISORY BOARDS AND COMMISSIONS

Section 471. Environmental Quality Board.The Environmental

Quality Board shall consist of the Secretary of Environmental

Resources, who shall be chairman thereof the Secretary ofHealth, theSecretary ofCommerce, the Secretary ofTransportation, the SecretaryofAgriculture, the Secretary of Labor andIndustry, the Secretary of

Community Affairs, theExecutiveDirector ofthe Fish Commission, theExecutive Director ofthe Came Commission, the Chairman ofthe

Public Utilities Commission, the Executive Director of the StatePlanning Board, theExecutiveDirector ofthe Pennsylvania Historical

and Museum Commission, five members ofthe Citizens Advisory

Council, and four members ofthe General Assembly. The CitizensAdvisory Council members shall be designated by, and serve at the

pleasure ofthe CitizensAdvisory CounciL One ofthe GeneralAssembly

members shall be designated by, and serve at the pleasure of the

President Pro Tempore ofthe Senate, one by theMinority Leader ofthe

Senate, one by the Speaker ofthe House ofRepresentatives and one by

theMinority Leader ofthe House ofRepresentatives.Eight members ofthe board shall constitute a quorum.

Section 472. Environmental Hearing Board.The Environmental

Hearing Board shall consist of three persons, appointed by the

Governor, learned in the law, ofwhom the Governor shall designate oneas chairman.

The Secretary ofEnvironmental Resources, with the approval ofthe

Governor, shall appoint a Secretary to the Environmental Hearing

Board, who shall receive such salary as the Secretary ofEnvironmentalResources, with the approval ofthe Governor, shall determine.

Section 473. State Board for Certification ofSewage Treatment

Plant and Waterworks Opera tors.The StateBoardfor Certifi cation of

Sewage Treatment Pla9t and Waterworks Operators shall consist ofthe

Secretary ofEnvironmental Resources, orhis representative, andfive

additional members to be appointed by the Governor.


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SESSION OF 1970. A ct N o. 275 841

One membershall be an employe ofa municipality ormunicipalityauthority which operates a sewage treatment plant, water treatmentplant or water distribution system or a representative ofa Stateassociation ofmunicipalities or municipality authorities.

Onemembershallbean individualqualified under this acttooperateany water treatment plant.

One member shall be the owner or official ofa privately ownedwaterworks.

One memhershallbean individual qualified under this acttooperateany sewage treatment plant.

One member shall be on the teaching staffofthecivil or sanitaryengineering department ofan accredited Pennsylvania university orcollege.

The original appointed members ofthe board, in the order listedabove, shall hold officeforone, two, threeandfour years respectively.Thereafter, each appointment shall be for a period offour yearsduration. The Governor may reappoint board membersforsuccessiveterms. Members ofthe board shall remain in office untila successor isappointed and qualified. Ifvacancies occur prior to completion ofaterm the Governorshall appoint another member inaccordance withthis section tofill theunexpired term.

The present members ofthe board shall continue to be memberssubject to theother provisions ofthis section exceptthat theSecretaryofEnvironmental Resources shall replace theSecretary ofHealth. Achairman and secretary ofthe board shall be elected annually. Fourmembersofthe boardshallconstituteaquorum. Meetingsmaybecalledby thechairman as needed to conduct thebusiness ofthe board.

The members ofthe board shall receive no compensation for theirservice but shall be reimbursed foractual and necessary expensesincurred in the performance oftheir duties.

Section 474. State Soil Conservation ~ommission.The State SoilConservation Gonzmission shall consist of the Secretary ofEnvironmental Resources, whoshall be thechairman, theSecretary ofAgriculture, theDeanoftheCollegeofAgriculture ofThePennsylvaniaState University, andfourfarmer members, whoshallbefarmers, to beappointed bytheGovernorfrom a list ofeightnominees submitted bythe association known as Pennsylvania State Council of Farm

Organizations. Two urban members ofthecommission shall also beappointed to thecommission by the Governor. In the event, however,that said association shallfail to make and submit Io the Governor,

nominations tofill vacancies, the Governor mayappoint anycitizensofPennsylvania tofill such vacancies. The State GonservationistoftheSoilConservationService, UnitedStatesDepartment ofAgricultureandthe Director ofAgriculture and Home Economics Extension ofThe


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Pennsylvania StateUniversity shall beassociate, nonvoting membersof

the commission. The commission shall keep a record of its officialactions, and may perform such acts and promulgate such rules andregulationsas maybe necessary, andemploy such personnelas needed

fortheexecutionofitsfunction under thisact. A majority ofthevotingmembersshallconstitutea quorumandall decisionsofthecommissionshall require a concurrence ofthevoting members ofthecommission.

Thefarmer and urban membersofthecommissionshallbe appointed

fora period offour years and shall hold office until their successorshave been appointed and have qualified. The four farmer membersterms shall be so staggered that one members term shall expire eachyear whilethe twourban memberstermsshallbe sostaggeredthat one

memberstermshallexpire everysecond year. Attheexpiration oftheirterms ofoffice, orin the eventofvacancies through death, resignation

orotherwise, newfarmer or urban membersshall be appointed inthemanner setforth in paragraph one ofthis section. A majority ofthecommission shall constitutea quorum and all decisions shall requiretheconcurrence ofa majority ofthe commission. All members ofthecommission shall be entitled to their actual and necessary expensesincluding traveling expenses incurred in thedischarge oftheir duties.The commission shall providefor theexecutionofsuretybondsfor all

employesand officers whoshall be entrustedwithfunds orproperty ofthecommissionandshallprovideforthekeepingofafull andaccuraterecordofall proceedingsand ofall resolutions, regulations andordersissued oradopted.

Section475. Navigation CommissionfortheDelawareRiver anditsNavigable Tributaries.(a) The Navigation Commission for theDelaware River and its navigable tributaries shall consist ofsevenmembers, three tobe appointedby theGovernor; two ofwhom shallbeappointedfrom among theresidents ofDelaware County; and one of

whom shall be appointedfrom among residents ofBucks Gounfy; twoto be appointedbytheMayor oftheCityofPhiladelphia; one to be theSecretary ofEnvironmental Resources, who shall serve ex officio; and

oneofwhomshallbe theDirectorofWharves, Docks, andFerriesoftheCity ofPhiladelphia, who shall serve cx officio. The Governor shalldesignate one ofthe commissioners to be the president ofthe saidcommission. Theprincipal officeofthecommission shallbe intheCityofPhiladelphia.

(b) The members oftheNavigation Gommissionfor

theDelawareRiver and its navigable tributaries, hereinafter referred to as thecommissioners, shall holdofficeforatermoffour years, anduntil their

successors are appointed and qualified, and may be eligible forreappointment to office. They shall serve without compensation, butshall be reimbursed for necessary expenses. A majority of thecommissioners, appointedby theGovernor and theMayor oftheCity


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of Philadelphia, shall constitute a quorum for the transaction of

business.(c) The commissioners shall have a secretary, and such clerks as

may be necessary to keep accurate minutes and entries ofall orders,

regulations, and transactions ofthesaid commissioners, in a book orbooks to bekeptforthat purpose;andthesaid minutesandentriesshallbe submitted totheinspection ofanypersonorpersonswhoshalldesireto see and peruse thesame;and thesaid commissioners shallgivetruecopiesofall such entries orminutes, made inthesaidbook orbooksasmaybe required, to such person orpersonsas shall demand thesame,he orthey paying to thesaid commissioners one cent per lineforeachcopy thereof The commissioners may also have; ifthe Secretary of

Environmental Resources approve, a civil engineer, and such otheremnployes as are necessary to theproper transaction ofthebusiness of

theNavigation Commissionforthe DelawareRiver and its navigabletributaries. The said commissioners shall have authority to maintainadequate officesand a meeting room.

The SecretaryofEnvironmental Resourcesshallappointthesecretaryand all employes ofthecommission, whose salaries shall be fixed asprovided by law.

Section 15. Subsection (a ) ofsection 514 ofthe act, amended July 21,

1941 (P.L.429), is amended to read~Section 514. Sale ofReal Estate and Grants ofRights ofWay or OtherRights Over or in Real Estate; Tapping Water Lines of Institutions andSanatoria.(a) Except as otherwise in this act expressly provided, adepartment, board, or commission, shall not sell or exchange any realestate belonging to the Commonwealth, or grant any easement, right ofway, or other interest overor in such real estate, without specific authorityfrom the General Assembly so to do, but a department, board, or

commission may, with the approval ofthe Governor, grant a license to any

public service corporation to place upon, in, or over, any dry orsubmerged land or bridge of or maintained by the Commonwealth, anypublic service line, if such line will enable any State building or Stateinstitution to receive better service, or if such line is necessary for theservice ofthe public and it is necessary or reasonably required to cross theCommonwealths land to afford such service or if the running ofsuch lineover a bridge will be more economical than the erection of a separatebridge for the line. Every such license shall be revocable for reasonablecause upon six months written notice by the Commonwealth, and also

after like notice for violation of such proper terms and conditions as thedepartment, board, or commission, with the approval of the Governor,shall prescribe when the license issues. Unless any such line is primarilyfor the benefit of a State building or State institution, the license shallprovide for the payment to the Commonwealth ofcompensation for theuse of its property in such amount as the department, board, or


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commission granting it shall, with the approval ofthe Governor, prescribe.

But nothing herein contained shall authorize the Commonwealth toimpose and collect from any municipality or township any compensation

for a license granted to such municipality or township for the running of

a public service line over any such bridge.This section shall be deemed the exclusive system for the granting of

licenses, consents and permits to place public service lines upon, in or over

any dry or submerged lands of the Commonwealth. In the case ofsubmerged lands such licenses shall be granted only by the [Water andPower Resources Board] Department ofEnvironmental Resources, andthe permit shall prescribe such terms and conditions as shall be deemednecessary by the board to protect the interests ofthe public. In the caseof dry lands, licenses shall be issued by the department, board orcommission having the management of such lands.

Section 16. Section 519 of the act is amended to read:Section 519. Geographic NamesEvery administrative department,

board, or commission of the Commonwealth shall, in preparing or

publishing maps, reports, or other documents showing or referring to anymountain, river, creek, or other topographic feature within theCommonwealth, designate such mountain, river, creek, or other

topographic feature, by, and only by, such name as shall have beenadopted therefor by the [Geographic Board, except the] PennsylvaniaHistorical and Museum Commission [in historical documents and maps].

Section 17. Clause (b) of section 712 of the act, amended April 25, 1949

(P.L.729), is amended to read:Section 712. The Pennsylvania State Police ForceThe various members

of the Pennsylvania State Police are hereby authorized and empowered:

(b) To act as game protectors, and as forest, fish, or fire wardens, and for

the better performance ofsuch duties,(1) Seize all guns, boats, decoys, traps, dogs, game, fish, shooting

paraphernalia, or hunting or fishing appliances or devices, used, taken, or had inpossession, contrary to the laws of this State. Any article so seized shall be heldsubject to such disposition as the Executive Director of the Pennsylvania Fish

Commission or the Executive Director of the Pennsylvania Game Commission

or the Secretary of [Forests and Waters] Environmental Resources mayrespectively determine.

(2) Seize and take possession of all birds, animals, or fish, which havebeen taken, caught or killed, or had in possession, or under control, orwhich have been shipped, or are about to be shipped, contrary to any lawofthis State.

(3) Search without warrant any boat, conveyance, vehicle orreceptacle, when there is good reason to believe that any law has beenviolated, the enforcement or administration of which is imposed on or


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vested in the Pennsylvania Fish Commission or the Pennsylvania GameCommission or in the Department of[Forests and Waters] EnvironmentalResources.

(4) Serve subpoenas issued before any examination, investigation, or

trial had pursuant to any law as aforesaid.(5) Purchase game or fish for the purpose of securing evidence.Section 18. Section 1202 of the act is repealed.Section 19. Articles XVIII and XIX of the act are repealed.Section 20. The act is amended by adding a new article to read:

ARTICLE XIX-A

POWERS AND DUTIES OF THEDEPARTMENT OFENVIRONMENTAL RESOURCES,

ITS OFFICERS AND DEPARTMENTAL AND ADVISORY BOARDS

AND COMMISSIONS

Section 1901-A. Powers and Duties in General.The Department

ofEnvironmental Resources shall, subject to any inconsistent provision

in this act contained, continue to exercise the powers and perform the

duties by law heretofore vested in and imposed upon..

(1) The Department ofForests and Waters, the Secretary ofForestsand Waters, the Water and Power Resources Board, the Flood Control

Commission, the Pennsylvania State Park and Harbor Commission ofErie, and the State Forest Commission;

(2) The Department ofMines andMineral Industries, theSecretaryofMines and Mineral Industries, the Oil and Gas Conservation

Commission, theMineInspectors Examining Boardfor theBituminous

Coal Mines ofPennsylvania, and the Anthracite Mine InspectorsExamining Board;

(3) The Oil andGas lnspectors ExaminingBoard, createdby the actofDecember 21, 1959 (P.L.1967), which board is hereby abolished;

(4) The LandRestoration Board, created by theact ofJune 27, 1947(P.L.1 095), which board is hereby abolished;

(5) The LandReclamation Board, createdby theactofMay 31, 1945(P.L.1198), which board is hereby abolished;

(6) The Department ofHealth andthe Secretary ofHealth in sofar

as such powers and duties pertain to the control ofnuisances fromgrounds, vehicles, apartments, buildings and places within the

Commonwealth, to the sanitary condition oftenements, lodging and

boarding houses, to management of the sanitary affairs of theCommonwealth, the issuance ofwaterworks permits and to the control

ofwater pollution;

(7) The former Commissioner ofHealth and the Department ofHealth by theactofApril 22, 1905 (P.L.260), entitled An acttopreserve


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the purity ofthe waters ofthe State, for the protection ofthe public

health;

(8) The Department ofHealth andthe Secretary ofHealth by the act

ofAugust 20, 1953 (P.L.121 7), entitled An actprovidingforpayments

by the Commonwealth to municipalities which have expended moneyto acquire andconstruct sewage treatment plants in accordance with the

Clean Streams Program andthe act, approved the twenty-second day of

June, one thousand nine hundred thirty-seven (Pamphlet Laws 1987),and making an appropriation;

(9) The Department ofHealth by the act ofJune 23, 1931 (P.L.899),

known as the Public Bathing Law;

(10) The Department ofHealth by the act ofJanuary 19, 1968

(P.L.996), known as The Land and Water Conservation and

Reclamation Act;

(11) The Department ofHealth by the actofMay 23, 1945 (P.L.926),entitled An actfortheprotection ofthepublic health by regulating the

conduct andoperation ofpublic eating anddrinking places within this

Commonwealth; requiring their licensing; imposing certain duties on

the Department ofHealth ofthis Commonwealth and on the local

health authorities; and providing penalties;

(12) The Department ofHealth by the act ofApril 30, 1929

(P.L.897), entitled An act regulating the manufacturing, bottling, andselling ofcertain waters, and requiringpermits therefor;prescribing theauthority oftheDepartmentofHealth andoflocal boards ofhealth and

health officers with respect thereto; and providing penalties;(13) The Department ofHealth by the act ofNovember 10, 1959

(P.L.1400), entitled An act providingfor the annual registration of

organized campsfor children, youth andadults; defining the duties oftheDepartment ofHealth ofthe Commonwealth ofPennsylvania; and

prescribing penalties;

(14) The Department ofHealth by the act ofJanuary 24, 1966(P.L.1535), known as the Pennsylvania Sewage Facilities Act;

(15) The Department ofHealth by the act ofJuly 31, 1968 (ActNo.

241), known as the Pennsylvania Solid Wastes Management Act;

(16) The Department ofHealth by the act ofJanuary 8, 1960(P.L.2119), known as the Air Pollution Control Act;

(17) The Department ofHealth by the act ofJanuary 28, 1966(P.L.1 625), known as TheAtomic Energy Development andRadiationControl Act;

(18) The Department ofHealth by the act ofSeptember 8, 1959

(P.L.807), entitled An act empowering the Department of Health to

regulate the burial ofradioactive material and to issuepermits therefor;

and prescribing penalties;

(19) The Department ofHealth and the Secretary ofHealth by theact ofOctober 26, 1959 (P.L.1380), entitled An act empowering the


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SESSION OF 1970, Act No. 275 847

Gommonwealth to acquire land and operate burial groundsfor the

disposal ofradioactive materials;

(20) The Department ofHealth by the act ofJune 22, 1937

(P.L.l 98 7), known as The Clean Streams Law;

(21) The Department ofHealth by theactofNovemher 18, 1968 (Act

No. 322,~, known as the Sewage Treatment Plant and WaterworksOperators Certification Act;

(22) The Sanitary Water Board;

(23) TheAir Pollution Commission, createdby the actofJanuary 8,

1960 ~P.L.2119~, known as the Air Pollution Gontrol Act, whichcommission is hereby abolished

(24) The Department ofLabor and Industry and the Secretary of

Labor and Industry in so far as such powers and duties relate to

regulation ofmining operations, quarry operations and sand andgravel pits under the act ofJuly 1, 1937 (P.L.2681), entitled An act

relating to, and regulating the manufacture, storing, andpossession ofexplosives; requiring permits for magazines, and prescribing permit

fees; andproviding penalties, andJuly 10, 1957(P.L.685~),entitled An

act regulating the Use ofexplosives in certain blasting operations;

requiring examination and licensing ofcertain explosives detonators

and prescribing thefee thereof and conferring powers and imposing

duties on the Department of Labor and Industry.

Section 1902-A. Forest Powers and Duties.The Department of

Environmental Resources shall have the power, and its duty shall be:

(1) To acquire, in the name ofthe Commonwealth, bypurchase, gift,lease, or condemnation, and hold as State fore.its, subject to the

conditions ofany such lease, andsubject to such reservations, ifany, ofmineral rights, stumpage rights, rights ofway, orother encumbrances,

as the department deems to be consistent with such holding, any lands,including tax delinquent lands, which, in the judgment of the

department, the Commonwealth should hold, manage, control, protect,maintain, utilize and regulate, as Stateforests orfor reforestation, and

adding to and extending the existing Stateforestsfor the purpose of

lessening soil erosion and silting up ofreservoirs; control theflow of

streams andextinguish interior holdings; orfor the establishment and

maintenance of fire observation towers and stations, and such

adjoining lands as may be deemed necessary to control, maintain, and

develop such towers and stations, and tofurnish access to them. The

purchase price ofany such lands shall notexceed ten dollars ($10) per

acre, except such as are acquiredforfire observation tower and stationpurposes, except the price paidfor interior holdings andfarms and

marginalfarms along Stateforest lands, which shall notexceed twenty

dollars ($20) peracre. The amount expendedforthe acquisition oflandsfor Stateforest purposes, in any annual appropriation period, shall not

exceed the appropriation for that purpose for such period, and the


15/40


amount expended for other land acquisitions shall not exceed

appropriations madefor such purposes;

(2) To purchase and hold, as State forest, unseated, vacant, or

unappropriated lands, lands advertisedforsalefortaxes, andlandsold

for taxes, as may now or hereafter be provided by law;(3) To hold, manage, control, protect, maintain, utilize, develop,

andregulate, the occupancy and use ofall lands, heretofore orhereafter

acquired, owned, leased, and maintained as State forests for

reforestation, for extending existing State forests, for the purpose of

lessening soil erosion, the silting up ofreservoirs, to control streamflow,

andto extinguish interior holdings, andforfire observation tower and

station purposes, together with the resources thereof

(4) To divide the State into such convenientforest districts as it

deems economical andeffective, to administer, protect, develop, utilizeand regulate, the occupancy and use ofthe lands and resources ofthe

Stateforest, toprotect allforest land in the Statefromfo restfires,fungi,

insects, and other enemies, to promote and develop forestry and

knowledge offorestry throughout the State, to advise and assist

landowners in the planting offorest and shade trees, to obtain and

publish information respectingforest lands andforestry in the State, to

assist inArborDay work, andpromote andadvance any other activityin localforestry which the department may deem helpful to thepublic

interest, and to execute the rules andregulations ofthe departmentfor

the protection offorestfromfire and depredation. It may also assign

districtforesters to take active charge ofsuchforest districts, andalso

foresters,forest rangers, and other help,for the administration ofsuch

forest districts, as the Secretary ofEnvironmental Resources may deem

necessary,for the accomplishment throughout the State ofthepurposesfor which the department is established;

(5) To cooperate with the authorities oftownships, boroughs, and

cities, ofthis Commonwealth in the acquisition andadministration ofmunicipal forests, as may now orhereafter be provided by law;

(6) Whenever itshall appear that the welfare ofthe Commonwealth,

with reference to reforesting, andthe betterment ofthe Stateforests, with

respect to control, management, protection, utilization, development,and regulation, oftheiroccupancy anduse, will be advanced by selling

ordisposing ofany ofthe timber on the State forests, to dispose ofsuch

timber on terms most advantageous to the State: Provided, That thedepartment is authorized and directed to set aside, within the State

forests, unusual or historical groves of trees, or natural features,especially worthy of permanent preservation, to make the same

accessible and convenient for public use, and to dedicate them in

perpetuity to thepeople ofthe Statefortheir recreation andenjoymentAnd the said department is hereby empowered, to make and execute

contracts orleases, in the name ofthe Commonwealth, for the mining

orremoval ofany valuable minerals that may befound in said State


16/40

SESSION OF 1970. Act No. 275 8~9

forests, orofoil andgas beneath those waters ofLakeErie owned by the

Gommonwealth, whenever it shall appear to the satisfaction ofthe

department that itwould befor the best interests ofthe State to make

such disposition ofsaid minerals: And provided further, That any

proposed contracts or leases of valuable minerals, exceeding onethousand dollars ($1,000) in value, shall have been advertised once a

weekfor three weeks, in at least two newspapers published nearest the

locality indicated, in advance ofawarding such contract orlease. Such

contracts orleases may then be awarded to the highest andbest bidder,

who shall give bondfor the proper performance ofthe contract as thedepartment shall designate: Provided, however, That uhere the

Gommon wealth owns a fractional interest in the oi4 natural gas and

other minerals under Stateforest lands, the requirement ofcompetitive

bidding may be waived, and the department may enter into a contract

to lease thatfractional interest, with the approval ofthe Governor, and

upon such terms and conditions as the department deems to be in thebest interest ofthe commonwealth;

(7) To appoint and, with the approval ofthe Governor, fix the

compensation ofa chiefforestfire warden, andsuch districtforestfirewardens, and to appoint andfix the compensation ofsuch localforest

fire wardens and other assistants, as shall be required for the

prevention, control, and extinction offorestfires;(8,) To establish and administer auxiliary forest reserves, in the

manner and under such terms and conditions as may now orhereafter

be provided by law;

(P9,) To distribute youngforest trees, shrubs and vines, asprovided bylaw, to those desiring toplant them;

(10) Tofurnish information, and issue certificates and requisitionnecessaryfor thepayment ofsuchfixedcharges, in lieu oftaxes on State

forest and auxiliary forest reserves, to school districts, road districts,

and counties, as may now orhereafter be provided by law;(11) To sell or exchange State forest land, as provided by law,

whenever it shall be to the advantage of the State forest interests:

Provided, That such action has been approved by the Governor;

(12,) To set aside, when, in the judgment ofthe Department ofEnvironmental Resources, it is deemed necessary,for exclusive usefor

parks, parkways, and other places ofscientific, scenic, historic or

wildlife interest, any State owned lands which are now orwhich may

hereafterbe under thejurisdiction oftheDepartment ofEnvironmental

Resources;(13) The Department ofEnvironmental Resources shall, with the

approval ofthe Governor, have the authority to enter into agreements

with ownersorlessees ofproperty orproperty rights located in the sa me

area as landsowned orleasedby theCvmmonwealth,for the protection,preservation or recovery of metallic or nonmetallic ore, fuel, oil,


17/40


natural gas or any other mineral deposits underlying said lands,

provided the said deposits are owned by the Commonwealth;

(14) The net receipts, arising out ofthe occupancy and use ofthe

Stateforests hereunder, shall be paid into the State Treasury, through

the Department ofRevenue, andshall belong to andform part oftheState Forests and Waters Fund.

Section 1903-A. ForestPowers;Lease ofSmallAreas ofState Forests.

The Department ofEnvironmental Resources shall have thepower:

(1) To lease,for a period notexceeding ten years, on such terms andconditions as it may consider reasonable, to any person, corporation,

association, church organization, or school board, ofPennsylvania,

such portion ofany State forest, whether owned or leased by the

Commonwealth, as the department may deem suitable, as a siteforbuildings and facilities to be used by such person, corporation,

association, church organization, or school board for health and

recreation, or as a sitefor a church or school purposes: Provided;

however, That the department may, with the approval ofthe Governor,ifa substantial capital investment is involved andifit is deemed in the

best interests ofthe Commonwealth, enter into such leasesfor a period

not to exceed twenty-five years.

(2) To lease,for notmore than ten years, small areas in Stateforests,

whether owned or leased by the Commonwealth, deemed by it to bebetter suitedfor the growing ofother crops thanfor the growing of

forest trees. Ifmore than oneperson shall applyfor the same tract, thelease shall be advertisedfor sale in three local county papers, ifthere

be so many, once a weekfor three weeks, and may then be awarded tothe highest responsible bidder, but the department may nevertheless

rejectany orall bids. Upon the termination ofany such lease, the lesseemay remove buildings andfencesplaced thereon at his own expense, or

the same may be purchased by the lessor as a part ofthe permanent

improvement ofthe tract, upon such terms as may be agreed upon bythe department and the lessee.

(3) To L grant rights ofway through Stqteforests, to individuals orcorporations who may apply therefor, when it shall appear to the

department thatthe grant ofa right ofway will not so adversely affect

the land as to interfere with its usual and orderly administration, andwhen it shall appear that the interests ofthe Commonwealth or its

citizens will be promoted by such grant Right ofway, as used in thissubsection, ishereby construed to include rights ofpassage andhaulage

for any lawful purpose, also rights offlowage ortransmissionfor any

lawful purpose.(4) To give to street railway companies, duly incorporated under

grants in original.


18/40


the laws ofthis Gommonwealth, upon such terms and subject to such

restrictions and regulations as the department may deem proper, the

privilege to construct, maintain, andoperate theirlines ofrailway over,along, andupon public highways now laid out andin actual use, which

lie within orborder on any Stateforests, whenever the interests oftheCommonwealth will be benefited thereby.

(5) To give to boroughs and other municipalities of this

Gommonwealth, upon such terms and subject to such restrictions and

regulations as the department may deem proper, the privilege of

impounding uater upon any State forest, and of constructing,

maintaining, and operating lines of pipes upon and through State

forestsfor the purpose ofconveying water therefrom, whenever it shallbe to the public interest so to do.

(6) In all cases uhere there are public roads, regularly established,running into orthrough orbordering upon Stateforests, from time to

time, to expend such reasonable sumsfor the maintenance, repai~,or

extension of such roads as may be necessary for the proper

administration andprotection ofState forests. All expenses that may

thus be incurred shall bepaid in the same manner as the other expenses

ofthe department.(7) To enter into cooperative agreements with county, township,

municipal, andprivate agencies,for theprevention andsuppression offorestfires, as provided by law.

~8J To grant topublic utility companies, lawfully doing business in

this Commonwealth, the privilege to construct, maintain and operate

their lines over, along andupon highways and roads which lie u,ithin,orborder on, any Stateforests, and to grant right ofaccess by such

companies to orthrough Stateforest lands, in order to bring public

utilities to camps andcottages in Stateforest lands and in other homes

andfarms adjacent to Stateforest lands.

(9,) To grant to individuals, groups ofindividuals, associations,firms, partnerships or corporations the privilege to erect, construct,

maintain and operate, on andover State ounedorleased lands under

the jurisdiction of the Department of Environmental Resources,

antennas, towers, stations, cables and other devices and apparatus,

helpful, necessary or required for broadcasting, telecasting,

transmission, relaying orreception oftelevision. Itmay chargefor such

privilege such rental and damages as the department deems theconditions and circumstances warrant.

(10) To lease, with the approval ofthe Governor, Stateforest landsfor the underground storage ofnatural gas, upon such terms and

conditions as the Secretary ofEnvironmental Resources deems to be in

the best interest ofthe Co,nmonwealth.(11) To lease, with the approval ofthe Governor, and in cooperation

with theDepartment ofCommerce, those Stateforest lands acquired by


19/40


gift from Pennsylvania State University or by acquisition from the

Curtiss- Wright Corporation which are located at Quehanna,

Pennsylvania, or recovered through the termination ofa lease with

Gurtiss-Wright Corporation relating to Quehanna, Pennsylvania, and

upon which are erectedcertain industrial buildings constructed by theCurfiss-Wright Corporation for industrial or economic development

purposes orfor nuclear reactor safety zone purposes.

Such leases may be made with industrial tenants or nonprofit

industrial development corporations. The department in securingtenants shall cooperatefully with theDepartment ofCommerce. Every

such lease entered into shall conform in general to the terms ofthestandard industrial lease used by the department and approved by the

Attorney General. Every such lease shall otherwise than as in this act

prescribed be upon such terms and conditions as the Secretary of

Environmental Resources deems in the best interests of the

Gommonwealth. However, all paved roads through the Quehanna

project shall remain open to the general public use. Any such lease may

permit the tenant to alter or expand, at its own expense and with the

approval ofthe departmentfirst obtained in writing, existing buildings

to meet the requirements ofits particular industrial operation. Everysuch lease shall providefor the depositofindustrialfloor space rentals

andsewage and water rentals in a restrictedreceiptsfund,from whichthe department may draw moneysfor use in developing, operating and

maintaining the Water and sewage disposalfacilities, and replacing

machinery, equipment andfixtures appurtenant thereto, at aforesaid

Quehanna. Said restrictedreceiptsfundshall be audited twoyearsfrom

the effective date ofthis act and attwo-year intervals thereafter., with

any residue appearing in saidfund at the end ofeach auditing period

to be deposited in the General Fund.

(12,) In all cases in which a contract is entered into by the

Department ofEnvironmental Resources and the other parfy~tothecontract is required to post a surety orcash bond orother acceptable.

security to be held to apply as a credit against any unpaid balances or

to carry out any unfulfilled conditions, the moneys ofsaid bonds or

securities shall accrue to the benefit of the Department of

Environmental Resources in sofar as necessary to indemnify said

departmentfrom all losses causedbyfailure ofIhe contracting party topay any balance due or for expenses incurred due to failure of

contracting party tofulfill any contract condition. Moneys notrequiredby the department to pay unpaid balances or to fulfill contract

conditions shall accrue to the General Fund.

Section 1904-A. Waters.The Department of Environmental

Resources shall have the power and its duty shall be.

(1) To study, consider, and determine upon a public policy with

regard to the conservation, marketing, and equitable distribution ofthe


20/40

SESSION OF 1970. Mt No. .275 853

water and power to be derived from the utilization ofthe water

resources ofthe Commonwealth, to the restoration, development, and

improvement oftransportation by water, to the supply ofwater and

power for municipal, domestic, and industrial use, and to the

conservation ofwater resources by the aidofforestation;(2) To investigate orexamine dams, walls, wing walls, wharves,

embankments, abutments, projections, bridges, and other water

obstructions, determine whether theyare unsafe, need repair, alterationorchange in their structure orlocation, orshould be removed, notify

owners to repair, alterorchange the structure orlocation orremove thesame, repair, alter or change the structure or location or remove the

same in emergencies without notice andat the cost ofthe owners, and

apply for injunctions to enforce compliance with or restrain the

violation ofthe law in regard to the safety ofdams, orthe derogatoryeffect of walls, wing walls, wharves, embankments, abutments,

projections, bridges, orother water obstructions upon the regimen of

streams, orthe violation ofany lawful order ornotice ofthe department

in regard thereto. The power ofthe department under this paragraph

shall extend to and include all types ofwater obstructions, regardless

ofthe date when such obstructions were constructed, and whetheror notthe same were constructed by express or implied permission ofthe

Commonwealth, orany agency thereof(3) To collectsuch information relative to theexisting conditions of

the wafer resources ofthe State as, in the opinion ofthe department,

shall be necessaryforthe utilization ofwaters, andfor the conservation,

purification, development, and equitable distribution ofwater and

water power resources, andinparticular,for the use ofsuch citizens and

communities as may be in needofextendedfacilitiesforthesepurposes;

(4) To establish and maintain gauging stations on rivers andtheir

tributaries;

(5) To issue bulletins, during freshet and flood conditions,forecasting gauge heights, and the times thereof

(6,) To maintain a complete inventory ofall the water resources of

the Gommonwealth; collectallpertinent data,facts, andinformation in

connection therewith; classify, tabulate, record, andpreserve the same;

and, upon the basis thereof determine, the points at which storagereservoirs may be constructedforflood control, for municipal and

domestic supply, hydraulic and hydroelectric power, steam raising,

steam condensation, navigation, andother utilization: andgenerally to

devise all possible ways and means to conserve and develop the watersupply and water resources ofthe Commonwealth for the use ofthe

people thereof(7,) To construct, maintain, and operate worksfor water storage,

flood control, channel improvement, orother hydraulic purposes;

(8) To acquire by purchase, lease, gift or condemnation, uifh the


21/40


approval ofthe Governor, such Iand~buildings and appurtenances

thereto, as in thejudgment ofthe department, maybe necessaryfor the

construction, maintenance, improvement ordevelopment ofany port or

harbor in this Commonwealth.

Section 1905-A. Cooperation with Municipalifies.The Depart-mnentofEnvironmental Resources shall cooperate with municipalities

in the construction and completion ofprojects and improvementsfor

the conservation ofwater andthe control offloods. Forthispurpose, the

department shall have the power to use andexpend anyfunds advanced

by municipalities, under authority of law, on the projects and

improvements designated, when suchfunds are advanced, in the same

manner as it expends anyfunds appropriated by the Commonwealth

for similar purposes.

Section 1906-A. Parks.The Department of Environmental

Resources shall have the power, and its duty shall be.(1) To supervise, maintain, improve, regulate, police, and preserve,

all parks belonging to the Commonwealth;

(2) For the purpose ofpromoting healthful outdoor recreation and

education, andmaking availablefor such use natural areas ofunusual

scenic beauty, especially such as provide impressiveviews, waterfalls,gorges, creeks, caves, or other unique and interesting features, to

acquire, in the name ofthe Commonwealth, by purchase, gift, lease, orcondemnation, any lands which, in thejudgment ofthe department,

should be held, controlled, protected, maintained and utilized as State

park lands. Such lands may be purchased oraccepted, subject to the

conditions ofany such lease andsubjectto such reservations, ifany, of

mineral rights, rights ofway, orother encumbrances as the departmentmay deem not inconsistent with such holdings: Provided, however,

That the amount expendedfor the acquisition oflandsfor State park

purposes shall notexceed the amount specifically appropriatedforsuch

purposes;(3) To see that conveniences andfacilitiesfor the transportation,

shelter, comfort and education ofpeople shall be so designed and

constructed as to retain, sofar as may be, the naturalistic appearance

ofState parkareas, surroundings and approaches, andconceal the handofman as ordinarily visible in urban, industrial and commercial

activities;

(4) To leasefor a period not to exceed ten years, on such terms as

may be considered reasonable, to any person, corporation, association,

or organization ofthis Gom.monweaith a portion ofany State park,

whether owned orleased by the Commonwealth, as may be suitable as

a sitefor buildings andfacilities to be usedfor health, recreational or

educational purposes, or for parking areas or concessions for the

convenience and comfort ofthe public: Provided, however, That thedepartment may, with the approval ofthe Governor, ifa substantial


22/40


capital investment is involved and ifitis deemed in the best interests

ofthe Commonwealth, enter into such leasesfor a period notto exceed

twenty-five years;

(5) To study, counsel and advise in reference to gifts oflands or

moneyforpark purposes;(6) To counsel and advise in reference to the development ofpark

lands by concessionaries with facilities and equipment for the

accommodation and education ofthe public;

(7) To appoint and commission persons to preserve order in the

State parks, which persons shall have all ofthefollowing powers:

(a) To make arrests without warrantfor all violations ofthe law

which they may witness, andto serve andexecute warrants issuedby the

proper authorities: Provided, however, That in cases ofoffensesfor

violation ofany ofthe provisions ofThe Vehicle Code, the power tomake arrests without uarrant shall be limited to cases where the offense

is designated a felony or a misdemeanor, or in cases causing or

contributing to an accident resulting in injury ordeath to any person;

(b) To have all thepowers and prerogatives conferredby law upon

members ofthe policeforce ofcities ofthefirst class;(c) To have all the powers andprerogatives conferred by law upon

constables ofthe commonwealth;

(d) To serve subpoenas issuedfor any examination, investigation ortrial hadpursuant to any law ofthe Commonwealth.

(8) For the purpose ofproviding parkingfacilities and incidental

services within the borders ofany State park area situate in the City of

Philadelphia to lease orgrant, by andwith the written approval ofthe

Governor, any portion ofany such State park area, underground,aboveground, orboth, to the city or t~any parking authority now or

hereafter existing in the city, pursuant to the provisions ofthe act of

June 5, 1947 (P.L.458,), known as the ParkingAuthority Law, as the

same may now or hereafter be amended, if(a) The City ofPhiladelphia orthe parking authority agrees that

the lands and interests and privileges therein shall be used by the city

orparking authority, orany lessee orsub-lessee holding under eitherofthem, pursuant to any lease or sub-lease granted by the city or

parking authority as may be permitted by law, to promote the

establishment ofparking services and facilities, but portions ofthestreet level or lowerfloors oftheparking facilities may be leasedfor

commercial use, including emergency automobile repair service andthe

sale by the lessee ofany commodity oftrade orcommerce orany serviceexcept the sale ofgasoline orautomobile accessories; and

(b) The department, with the written approval ofthe Governor,determines that the lease orgrant (I) will aid inpromoting thepublic

safety, convenience andwelfare ofthepeople ofPhiladelphia by aiding

in the establishment ofadequate parking servicesforthe convenience of


23/40


the public and otherwise promoting the public policy of the

Commonwealth in authorization for the creation of parking

authorities, and ~ii,~will not unduly interfere with the promotion of

thosepublic objectsfor which the State park area was acquired andfor

which itis held.Any lease orgrantshall be upon the terms and conditions andfor the

period orperiods oftime the department, with the written approval of

the Governor, mayprescribe; The department shall execute amiddeliver

andis empoweredto receive deeds orother legal instruments necessary

to effectuate any.lease orgrant. All deeds and.instruments shall havethepriorapproval ofthe Department ofjustice, anda copy thereofshall

befiled with theDepartment ofCommunity Affairs.

(9) To. make and execute contracts or leases in the name ofthe.

Commonwealth forthe mining orremoval ofany~oilorgas that maybefound in a.Stafepark whenever it shall appear to the satisfaction of

the department thatitwould befor the bestinterests ofthe State to make

such disposition ofsaid oil andgas.Any proposed contracts orleases of

oil and gas exceeding one thousand dollars ($1,000) in value shall be

advertised once a weekfor three weeks. in at least two newspapers

published nearest the locality indicated in advance ofawarding suchcontract orlease. Such contracts orleases may then be awarded to the

highest andbestbidder who shallgive bondfor theproperperformance.

ofthe contract as the department shall designate.

Section 1907-A. Pennsylvania State Forest Schoo 1.The. Depart-

ment ofEnvironmental Resources shall hove the power and its duty

shall be:

(1) To maintain and operate the Pennsylvania State ForestiSchool

at Mont Alto;

(2) For that purpose, to. employ:such instructors, assign such.forestersfor instruction, andemploy such services, as may-.reasonably

be necessary (i) to provide at the school professional education in~forestry andmaintain a close association oftheory andpractice, and(ii)

to trainforest rangers andforest inspectors;(3) With the approval ofthe Governor~to enter into a.cooperative.~

.;agreementwith any State orsemi-State educational institutionf.or.the

joint use ofthefacilities ofthe school by such institution and the.department as may be deemed advisable by the Secretary of

Environmental Resources. Any such agreement shOll providefor an

~equitable division between such institution andthe Commonwealth of:

the cost ofoperating the-school and-maintaining and repairin,~thebuildings and equipment used by~it.

Section 1908-A. Water and Power Resources.The Department ofEnvironmental Resources shall have the~powerandits.duty shallbe:

(I) Subject.to any inconsistent provisions in this actcontained, tOcontinue to exercise-the powers andperform the duties by law.vested in


24/40


and imposed upon the Water Supply Commission ofPennsylvania, orin and upon the Waterand Power Resources Board, orin andupon the

department, with regard to:

(a) Applications for charters for corporationsfor the supply of

waterfor the public orfor the supply, storage, and transportation ofwater and water power,for commercial and manufacturing purposes,

orfor any other water orwater power company;

(b) Agreementsfor the merger and consolidation oftwo or more

such corporations heretofore orhereafterformed;

(c) The sale, assignment, disposition, transfer, and conveyance of

thefranchises and all theproperty, real, personal, and mixed, ofany

such corporation, heretofore or hereafterformed, to any other such

corpora(ion;

(d) Consents or permits for the construction ofdams, and otherwater obstructions, orofany change therein oraddition thereto, and

consents or pern itsfor changing ordiminishing the course, current, or

cross section, ofany stream orbody ofwater;

(e~ Pern?itsforthe condemnation orappropriation ofwaters, orforthe construction ofhydraulic works.;

~ Applicationsfor new oradditional sources ofsupply ofwaterorwater pouer;

(g) Applications by companies for approval ofthe construction,operation, and maintenance oftunnels under navigable rivers, to

connect theirpower to manufacturing plants, with coal lands whereinsuch companies have coal mining rights;

(h,) The extension of time fixed by law for the beginning or

completion ofthe construction ofthe works ofwater or water power

companies, inquiry into the standing ofwaterorwater power charters,

and as to the due diligence and bona fide intent ofwater and waterpower companies tofulfill the requirements oflaw, andthe certification

offacts to the Attorney General requesting him to institute quowarranto proceedings.

(2) To complete the construction ofa damn across the outlet of

Pymatuning Swamp, in Crawford County, for the purpose of

establishing a reservoir, andconserving the water entering said swamp,

and regulating theflow ofwater in the Shenango and Beaver rivers,

and, in connection with this project, to acquire, in the name ofthe

Commonwealth, by purchase, condemnation, orotherwise, such lands

as may be needed;

(3~ To enter into agreements to sell, lease orotherwise dispose ofanyiron, coal, limestone,fire-clay, oil, gas andother minerals, exceptsand

and gravel and minerals depositedas silt inpools created by dams, that

may befound in orbeneath the beds ofnavigable streams orbodies ofwater within the commonwealth and non-navigable streams orbodies

ofwater where the beds thereofare owned by the Gommonwealth, on


25/40


such terms and conditions as the board deems to be in the best interest

ofthe Commonwealth: Provided, however, That any proposed contracts

involving more than one thousand dollars ($1,000) shall be awarded to

the highest responsible bidder after due advertisement asprescribed by

the board. Nothing herein containedshall authorize anyone to interferewith the free navigation ofsaid streams or bodies ofwater or to

undermine the bed thereof orto interfere with the rights ofanyperson

orpersons holding property on the banks thereofSection 1909-A. Flood ControLThe Department of Environ-

mental Resources shall have the power and it shall be its duty:

(1) To make orcause to be made studies, surveys andexaminations

ofloca4 State or National flood conditions:, causes and effects and

prepare, orcause to be prepared designs, plans and recommendations

for bringingflood conditions under adequate and reasonable controlandfor saving life and propertyfrom damage byflood~

(2) The department in the performance ofits duties may request,

and shall receivefrom any State or local agency, department, board,

bureau, commission orpolitical subdivision, which hasfor one ofitsobjects the control offlood waters, such assistance anddata as requisite

for carrying outthe purposes ofthis law, and the department is herebyauthorized to such end, to cooperate in the activities ofand with such

State orlocal agencies, departments, boards, bureaus, commissions and

political subdivisions, andto cooperate with theFederal Government or

any appropriate agency thereof in planning or accomplishing an

overall long or short termflood control, either National, local or

sectional, andto cooperate with the Congress ofthe United States in thepreparation orpresentation oflegislation tending to effectuateflood

control.

Section 1910-A. Powers ofForest Officers.The persons employed,under theprovisions ofthis act, by theDepartment ofEnvironmental

Resourcesfor the protection ofthe Stateforests shall, after taking theproper official oath before the clerk ofthe court ofquarter sessions of

any county ofthe Commonwealth, be vested with the same powers asare, by existing laws, conferred upon constables and other peace

officers, to arrest on view, withoutfirst procuring a warrant therefor,

persons detected by them in the act oftrespassing upon anyforest ortimber land within this Commonwealth, under such circumstances as

to warrant the reasonable suspicion that such person orpersons have

committed, are committing, or are about to commit any offense or

offenses against any ofthe laws now enacted orhereafter to be enactedfor the protection offorests and timber lands. Such officers shall

likewise be vested with similar powers ofarrest in the case ofoffenses

against the laws orrules and regulations enacted orestablished, ortobe enacted orestablished,for the protection ofthe Stateforests, orfor

the protection ofthefish and game contained therein: Provide4 That


26/40


the above mentioned rules and regulations shall have been previously

conspicuously posted upon the Stateforests. Said officers shallfurther

be empowered, and itshall be their duty, immediately upon any such

arrest, to take and convey the offender oroffenders before ajustice of

the peace orother magistrate havingjurisdiction,for hearing and trialorotherdueprocess oflaw: Providedfurther, That this actshall extend

only to the caseofoffenses committed upon the Stateforests, and lands

adjacent thereto, and the powers herein conferred upon said officers

shall not be exercisedbeyond the limits thereof except where necessary

for the purpose ofpursuing and arresting such offenders, or of

conveying them into the proper legal custody for punishment as

aforesaid.

Section 1911-A. Powers ofChief Forest Fire Warden.The Chief

Forest Fire Warden shall, subject to the approval ofthe Secretary of

Environmental Resources, have the power, and his duty shall be:

(1) To takesuch measuresfor theprevention, control, andextinction

offorest fires, as will - assure a reasonable protection from fire to

woodlots,forest, and wild land within the Commonwealth;

(2) To supervise and manage theforestfire wardens throughout the

Commonwealth, and, when necessary, to appoint persons who shallserve without compensation as special oras ex officiofire wardens. Such

special orex officiofire wardens shall have the same powers as localforestfire wardens, buttheir duties may be changed orextended by the

chiefforestfire warden. Any special or ex officioforestfire warden,

appointed as herein provided, shall be entitled to receive the necessary

expenses incurred by him in the performance ofhis duties as fire

warden;

(3) To report to the Secretary ofEnvironmental Resources, atsuchtimes as the secretary shall require, coveringallphases ofthe work done

under his direction;

(4) To collect, with the assistance ofthefire wardens under hissupervision, data as to location, area, andfire hazards, ofwoodlots,

forest, and wild lands, within the State, as toforest fires and losses

resulting therefrom, and such otherdata as he may desire topresent to

the department orto thepublic;

(5) To plan andtoput into operation and maintain a system offire

towers and observation stations, which shall cover the regions subject

toforestfires, and to purchase the necessary materials andequipment

and hire the necessary labor therefor;(6) During dry seasons, whenever necessary, to appoint certain

forestfire wardens as patrolmenfor regions subject to greatfire risk;

(7) To enter into agreements with persons, associations, orcorporations, upon satisfactory terms, forforest fire prevention or

control;


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(8) To conduct educational work in relation to the protection of

forestsfromfire;

(9) To approve and transmit to the Secretary ofEnvironmental

Resources all correct billsfor expenses incurred by him or under his

supervision;

(10) To declare a public nuisance any property which by reason of

its condition oroperation is a specialforest fire hazard, and, as such,endangers other property orhuman life. He shall notify the owner of

the property, or the person responsiblefor the condition declared a

public nuisance, and advise him ofthe abatement ofsuch public

nuisance. In case ofa railroad, such notice shall be served upon the

superintendent ofthe division upon which the nuisance exists;

(11) To collect and arrange information concerning violation oflaws relating to the protection offorestsfrom fire, andpresent the same

to the Secretary ofEnvironmental Resources, who shallfile itwith the

Department ofJusticefor legal action;

(12) To issue, to persons appointedforestfire wardens, certificates

ofappointment, and, when deemed advisable, to issue badges to such

persons.

Section 1912-A. Powers ofDistrict Forest Fire Wardens.Eachdistrictfire warden shall have the power, and his duty shall be:

(1) To establish headquarters at some advantageous place withinhis district;

(2) To actas thefield representative ofthe ChiefForest Fire Warden;

(3) To collectandforward tothe ChiefForestFire Warden suchdata

within his district as may be requiredby the ChiefForest Fire Warden;

(4) To make recommendations to the ChiefForest Fire Wardenfor

the appointment oflocal fire wardens, the location oftowers, theemployment ofpatrolmen, the region to be patrolled, and such other

matters as may come to his attention which would tend to improve the

protective system;

( .5) To arrange for annual meetings offire wardens within his

districtfor instruction inforestfire matters;(6) To report to the ChiefForest Fire Warden conditions existing

within his district, which are ormay becomeforestfire hazards, and to

serve noticesfor the correction orremoval ofsuch conditions, after and

when issued by the ChiefForest Fire Warden;

(7) To receive, audit and, if correct, approve the reports and

accounts ofthe localfire wardens, before submitting them to the ChiefForest Fire Warden;

(8) To actas an inspector ofthe work ofthe localfire wardens and

render assistance to them;(9) To conduct educational work, anddevelop cooperation between

local agencies andtheDepartment ofEnvironmental Resourcesfor the

prevention and suppression offorestfires;(10) To perform such other duties as may be assigned to him by the


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Secretary of Environmental Resources and the Chief Forest Fire

Warden.

Section 1913-A. Powers ofLocal Forest Fire Wardens.It shall bethe duty ofeach localforestfire warden:

(1) Wheneverfire is discoveredin orapproaching woodlots,forests,orwild lands, whether the same be owned by individuals, corporations,or by the Commonwealth, immediately to take such measures as are

necessary to extinguish thefire;(2) Wheneverfires have been combated orextinguished, to prepare

a correct statement ofexpenses, upon forms to befurnished by the

department, which must befiled with thedistrict forestfire warden and

by himforwarded to the ChiefForest Fire Warden within sixty days of

the date ofthefire;

(3) Promptly to investigate the causeofeachfire which comes to his

knowledge, collectsuch evidence as may be discovered relating thereto,

andsuch otherfacts as he may be directedto investigate, andreport the

same to the ChiefForest Fire Warden;(4) To attend an annual meeting offorestfire wardens in hisdistrict

when notified, orpresent a reasonable excuse;

(5) When designated as a patrolman orwatchman, to perform such

duties as may be assigned him by the ChiefForest Fire Warden, or by

the district forestfire warden.Section 1914-A. Powers ofall Forest Fire Wardens.Every forest

fire warden, appointed as provided in this act, shall have the power:(1) To employ such other persons, as in his judgment may be

necessary, to render assistance in extinguishing forest fires, and tocompel the attendance ofpersons, andto require theirassistance, in the

extinguishing offorestfires;(2) To administer an oath oraffinnation, in order to examine any

person who he believes knowsfacts relating to anyforest fire, orwho

claims compensationfor services rendered;(3) To enter upon any land at any time for the purpose of

performing duties in accordance with this act;

(4) To arrest on view, withoutfirstprocuring a warrant, anyperson

detected by him in the act ofcommitting an offense against any ofthe

lawsfor the protection of forests, woodlots, orwild lands, or, when he

shall have a reasonable suspicion that any person is committing orabout to commit some such offense. Such forest warden shall have

further power to take the offender before a justice of the peace,

magistrate, or other officer havingjurisdiction, for hearing, trial orother due process oflaw;

(5) To exercise theforegoingpowers, notonly in thejurisdiction,for

defense in original.


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orwithin which he may have been appointed, but also in adjacent or

other boroughs, townships, orcounties.

Section 1915-A. Mines.The Department of EnvironmentalResources shall have the power, and its duty shall be:

(1) To see that the mining laws ofthe Commonwealth arefaithfullyexecuted, an4 for that purpose, cause lawfully qualified mine

inspectors to enter, inspect, andexamine any mine orcolliery within the

commonwealth and the works and machinery connected therewith;

(2) To give such aid and instruction to the mine inspectors, from

time to time, as may be calculated to protect the health andpromote the

safety ofallpersons employed in andabout the mines;(3) To make such examinations and investigations as may be

necessary to enable it to make recommendations upon any matters

pertaining to the general welfare ofcoal miners andothers connectedwith mining and the interests ofmine owners and operators in the

Commonwealth;

(4) To seal orclose orbackfill abandoned deep orstrip coal mines,

to plug abandoned oil and gas wells, other than those governed by the

Gas Operations, Well-Drilling, Petroleum and CoalMiningAct, tofillvoids in abandoned coal mines, to drill bore holes, dig ditches or

constructflumes which would relieveflooding orhazardous conditions

causedby mine water, and to extinguishfires in abandoned coal minesandin cuim banks, in those instances where such work is in the interest

ofthe public welfare.

Section 1916-A. Mine Inspectors.Subject to any inconsistent

provisions in this act contained, anthracite mine inspectors andbituminous mine inspectors shall, respectively, under the direction of

the Secretary ofEnvironmental Resources, continue to exercise the

powersandperformthe duties by law vestedin andimposed upon them.

Section 1917-A. Abatement ofNuisances.The Department of

Environmental Resources shall have the power and its duty shall be:(1) To protect thepeople ofthis Commonwealthfrom unsanitary

conditions and other nuisances, including any condition which is

declaredto be a nuisance by any law administered by the department;

(2) To cause examination to be made ofnuisances, or questionsaffecting the security oflife and health, in any locality, and,for that

purpose, without fee orhinderance, to enter, examine and survey allgrounds, vehicles, apartments, buildings, and places, within the

Commonwealth, andallpersons, authorized by the department to enter,examine and survey such grounds, vehicles, apartments, buildings andplaces, shall have the powers and authority conferred by law upon

constables,(3) To order such nuisances including those detrimental to the

public health to be abated and removed;(4) ifthe owner oroccupant ofany premises, whereon any such


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nuisance fails to comply with any order ofthe department for the

abatement orremoval thereof~to enter upon thepremises, to whichsuchorder relates, and abate orremove such nuisance;

(5) For the purpose ofcollecting orrecovering the expense ofthe

abatement orremoval ofa nuisance, tofile a claim, or maintain anaction, in such manner as may now orhereafter be provided by law,

against the owner oroccupant ofthe premises upon orfrom which suchnuisance shall have been abated orremoved by the department;

(6) In making examinations as authorized by this section, the

Department ofEnvironmental Resources shall cooperate with theDepartment ofHealth,for the purpose ofavoiding any duplication of

inspection oroverlapping offunctions.

Section 1918-A. Water Supply.The Department ofEnvironmen-

talResources shall have the power and its duty shall be:

(1) To issue waterworks permits, and stipulate therein the

conditions under which water may be supplied to the public, and toadminister sections1, 2 and3, actofApril 22, 1905 (P.L, 260), entitled

An act to preserve the purity ofthe waters ofthe State, for the

protection ofthe public health, its amendments and supplements;

(2) To investigate, hold hearings upon and determine any question

offact regarding the purity ofwater supplied to the public by any

public utility over which the Pennsylvania Public Utility Commissionhasjurisdiction, whenever said commission shall certify such question

to the department.The findings ofthe department upon any such questions s/jail be

incorporated in and made a part ofthe determination ordecisian of

said commission ofthe controversy orother proceeding in connection

with which the question arose and shall be binding upon theparties to

such controversy orotherproceeding unless eitherparty shall take an

appealfrom the commissions determination ordecision asmay now or

hereafter be provided by law;(3) To make a bacteriological examination and report ofany

sample ofwater sent by any person to the departments laboratory at

Philadelphia orPittsburgh. Afee ofone dollar ($1) shall be chargedfor

theservice rendered in making theexamination and report.Section 1919-A. Housing.The Department of Environmental

Resources shall have thepower, and its duty shall be, to investigate the

sanitary condition oftenements, lodging and boarding houses, and,

when the same arefound to be a menace to those occupying the same,oremployed therein, orto be overcrowded, tocondemn the same, in suchmanner and subject to such limitations as may now or hereafter be

provided by law, and to notify the owners oragents thereof in writing,

setting forth the unsanitary or overcrowded condition thereof

speqfying the changesoralterations whichshall bemade theretofor thepurpose ofrelieving such condition, andfurther specifying the time


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within such changes oralterations shall be completed orovercrowding

relieved: Provided, That in making inspections as authorized by this

section, the Department ofEnvironmental Resources shall cooperate

with theDepartment ofLabor andIndustry,for the purpose ofavoiding

any duplication ofinspection oroverlapping offunctions.For the purpose ofmaking investigations authorized by this section,

the officers and agents ofthe department shall, at all times, have the

right ofingress into all tenement, lodging, and boarding houses.

Section 1920-A. Environmental Quality Board.(a) The

Environmental Quality Board shall have the responsibility for

developing a master environmental planfor the Commonwealth.

(b) The Environmental Quality Board shall have thepower and itsduties shall be toformulate, adopt and promulgate such rules and

regulations as may be determined by the board for the proper

performance of the work ofthe department, and such rules andregulations, when made by the board, shall become the rules and

regulations ofthe department.

~c,) The board shall continue to exercise any power toformulate,

adopt and promulgate rules and regulations, heretofore vested in the

several persons, departments, boards and commissions set forth insection 1901-A, ofthis act, and any such rules and regulations

promulgated priorto the effective date ofthis actshall be the rules andregulations ofthe Department ofEnvironmental Resources until such

time as they are modified orrepealed by the Environmental Quality

Board.

~ The board shall havethepower to subpoena uitnesses, records

and papers and upon certification to it offailure to obey any suchsubpoena the Corn monwealth Court is empowered after hearing to

enter, when proper, an adjudication ofcontempt andsuch other order

as the circumstances require.

~e~) The boardshall receive andreview reportsfrom theDepartmentofEnvironmental Resources andshall advise the Department and the

Secretary ofEnvironmental Resources on matters ofpolicy.

09 The board shall establish such rules and regulations, notinconsistent with law, for the control, management, protection,

utilization, development, occupancy and use ofthe lands and resources

ofState parks, as itmay deem necessary to conserve the interests oftheGomrnonwealth. Such rules and regulations shall be compatible with

thepurposes for which State parks are created,

(g) The board shall establish such rules and regulations,

Pa Mining Law

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