Title 27, ENVIRONMENTAL RESOURCES

The General Assembly finds and declares as follows: (1) This Commonwealth's long history of mining and the extraction of oil and gas has left some lands and waters unreclaimed and polluted. (2) These abandoned lands and polluted waters are unproductive, erode the tax base and are…

This chapter is intended to encourage the improvement of land and water adversely affected by mining and oil and gas extraction, to aid in the protection of wildlife, to decrease soil erosion, to aid in the prevention and abatement of the pollution of rivers and streams, to prote…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Abandoned lands." Land adversely affected by mineral or oil or gas extraction and left or abandoned in an unreclaimed o…

(a) General rule.--A landowner or person who voluntarily provides equipment, materials or services at no charge or at cost for a reclamation project or a water pollution abatement project in accordance with this chapter may be immune from civil liability and may raise the protect…

(a) General rule.--Except as specifically provided in subsections (b) and (c), a landowner who provides access to the land, without charge or other consideration, which results in the implementation of a reclamation project or a water pollution abatement project: (1) Shall be imm…

(a) General rule.--Except as specifically provided in subsection (b), a person who provides equipment, materials or services at no cost or at cost for a reclamation project or a water pollution abatement project: (1) Shall be immune from liability for any injury to or damage suff…

Nothing in this chapter shall be construed as waiving any existing permit requirements or waiving any local zoning requirements.

The provisions of this chapter shall not prevent the Commonwealth from enforcing requirements necessary or imposed by the Federal Government as a condition to receiving or maintaining program authorization, delegation, primacy or Federal funds.

If the department determines it will further the purposes of this chapter, the department may issue a general permit for each reclamation project or water pollution abatement project, which general permit shall: (1) Encompass all of the activities included in that reclamation pro…

(a) General rule.--Any person who under existing law shall be or may become responsible to reclaim the land or treat or abate the water pollution or any person who for payment or consideration or who receives some other benefit through a contract or any person who through a conse…

A public or private water supply affected by contamination or the diminution caused by the implementation of a reclamation project or the implementation of a water pollution abatement project shall be restored or replaced by the department with an alternate source of water adequa…

A reclamation project or water pollution abatement project shall not be implemented in a manner which will limit access to an orphan gas well or an orphan oil well.

The department may promulgate rules and regulations necessary to implement the provisions of this chapter.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Communication to the government." A written or oral statement or writing made: (1) before a legislative, executive or j…

(a) General rule.--Except as provided in subsection (b), a person that, pursuant to Federal or State law, files an action in the courts of this Commonwealth to enforce an environmental law or regulation or that makes an oral or written communication to a government agency relatin…

A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court requesting the court to conduct a hearing to determine the preliminary issue of immunity. If a motion is filed, the court shall then conduct a hearing and…

A government agency has the right to petition to intervene or otherwise participate as an amicus curiae in the action involving public petition and participation.

Nothing in this chapter shall be construed to limit any constitutional, statutory or common law protections of defendants to actions involving public petition and participation.