Section 2. Definitions.--The following words and phrases as used in this act shall be construed to mean:
(a) "Anthracite" the hard coal mined in the Commonwealth of Pennsylvania;
(b) "Department" the Department of Environmental Resources; ((b) amended Apr. 28, 1978, P.L.93, No.43)
(c) "Producer" a person, association, partnership or corporation or his or its legal representative engaged in operating a preparation plant and in the sale, delivery or shipment to market therefrom of anthracite for fuel purposes;
(d) "Retail Dealer," a person, association, partnership or corporation, or his or its legal representative, maintaining a place for the storage of anthracite, who purchases anthracite for resale to consumers, regardless of the quantity sold, or who sells to a retail dealer in lots not exceeding 20,000 pounds in any one transaction; ((d) amended Sept. 26, 1951, P.L.1465, No.362)
(e) "Preparation Plant" a breaker, washery or other plant where run-of-mine anthracite from mines and strippings, or anthracite from refuse banks is processed by crushing, washing, screening and the removal of impurities to make the same suitable as a fuel;
(f) "Sizes" include the sizes of anthracite commonly known as egg, stove, nut, pea, buckwheat and rice, the sizings for which are set forth in the definition of "Standard Anthracite." "Sizes" does not include, and this act shall not be construed to apply to, anthracite of smaller sizes than those herein enumerated; ((f) amended Apr. 28, 1978, P.L.93, No.43)
(g) "Standard Anthracite" anthracite which does not exceed the following specifications as to undersize and ash or slate and bone content:
Test Mesh
Round
Undersize Maximum
Ash
Content Maximum
Maximum Slate
Percentage Bone
Size of Anthracite
Through
Over
Egg
3 1/4"
2 7/16"
15%
11%
Stove
2 7/16"
1 5/8"
15%
11%
Nut
1 5/8"
13/16"
15%
11%
Pea
13/16"
9/16"
15%
12%
Buckwheat
9/16"
5/16"
15%
13%
Rice
5/16"
3/16"
17%
13%
As to the maximum percentage of undersize and the maximum percentage of ash content a tolerance of 1% shall be allowed. The maximum percentage of undersize shall be applicable only to anthracite as it is produced at the preparation plant. Anthracite which conforms to the sizing herein fixed, and conforms also to the specification for ash content, shall be deemed to be "Standard Anthracite";
((g) amended Apr. 28, 1978, P.L.93, No.43)
(h) "Ash Content" the percentage which the weight of the ash from anthracite, resulting from burning, bears to the weight of the anthracite before burning after the anthracite has been dried for one hour at 105 degrees centigrade;
(i) "Slate" any material which has less than 40% of fixed carbon;
(j) "Bone" any material which has 40% or more, but less than 75% of fixed carbon.
(k) "Substandard Anthracite" anthracite other than that defined in clause (g) hereof as standard anthracite. ((k) added May 18, 1949, P.L.1467, No.437)
(l) "Wholesale Dealer," a person, association, partnership or corporation or his or its legal representative, who purchases anthracite for resale to retail dealers in lots exceeding 20,000 pounds, or one not maintaining a storage place for anthracite, who sells anthracite to a consumer, regardless of the quantity sold; ((l) added Sept. 26, 1951, P.L.1465, No.362)
(m) "Municipal Weighmaster," a licensed weighmaster designated by a municipality to weigh solid fuels destined for sale or delivery within the municipality; ((m) added Sept. 26, 1951, P.L.1465, No.362)
(n) "Municipality," a city, borough, incorporated town, or township of the first class; ((n) added Sept. 26, 1951, P.L.1465, No.362)
(o) "Storage Place for Anthracite," an established place of business, including a permanent office, storage facilities for not less than 250 ton of anthracite, and its own weighing scales. ((o) added Sept. 26, 1951, P.L.1465, No.362)
(p) "Secretary" the Secretary of Environmental Resources or his designated representative. ((p) added Apr. 28, 1978, P.L.93, No.43)
(q) "Mine Inspector" the Underground District Mine Inspector as defined in section 103 (18) of the act of November 10, 1965 (P.L.721, No.346), known as the "Pennsylvania Anthracite Coal Mine Act." ((q) added Apr. 28, 1978, P.L.93, No.43)
Compiler's Note: The Department of Environmental Resources, referred to in subsec. (b), was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.
Compiler's Note: The Secretary of Environmental Resources, referred to in this subsec. (p), was abolished by Act 18 of 1995. The functions of the secretary were transferred to the Secretary of Conservation and Natural Resources and the Secretary of Environmental Protection.