If the Secretary of Environmental Resources makes a finding of fact that: (i) a mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining is at a stage where in the public interest immediate action should be taken; and (ii) the owners of the property upon which entry must be made to combat the mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining are not known, are not readily available or will not give permission for the Secretary of Environmental Resources, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors to enter upon such premises.
Then, upon giving notice by mail to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Secretary of Environmental Resources, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors, shall have the right to enter upon the premises and any other land in order to have access to the premises to combat the mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining and to do all things necessary or expedient to do so. Such entry shall not be construed as an act of condemnation of property or of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry. Provided however, that this provision is not intended to create new rights of action or eliminate existing immunities.
The Secretary of the Department of Environment Resources, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors, shall have the right to enter upon any lands for the purpose of conducting a study or exploratory work to determine if stream pollution from mine drainage, air pollution from abandoned burning coal refuse banks, subsurface subsidence or surface and underground fires exists and to determine the feasibility of correcting such conditions. Such entry shall not be construed as an act of condemnation of property or of trespass thereon.
Within six months after the completion of any of the work to abate non-emergency pollution conditions from past mining practices herein contemplated on any privately owned property, the Secretary of Environmental Resources shall itemize the moneys so expended and may file a statement thereof in the office of the prothonotary of the county in which the land lies together with a notarized appraisal by an independent appraiser of the value of the land before and after the abatement of the pollution conditions herein contemplated, if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land. The lien shall not exceed the amount determined by the appraisal to be the increase in the market value of the land as a result of the abatement of the pollution immediately after the Department of Environmental Resources has completed its work, and the lien shall extend only to that portion of the premises directly involved in the work of the Department of Environmental Resources under this act. The landowner may proceed as provided by the "Eminent Domain Code" to petition for a board of view within sixty days of the filing of the lien, to determine the increase in the market value of that portion of the premises directly involved in the work herein contemplated as a result of the abatement of the pollution conditions. The amount reported by the board of viewers to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement herein provided. Any party aggrieved by the decision of the viewers may appeal as provided in the "Eminent Domain Code."
The lien provided herein shall be entered in the judgment index and shall be given the effect of a judgment against the said land. The lien shall be enforced by the direct issuance of a writ of execution without prosecution to judgment of a writ of scire facias in the manner provided by law for the enforcement, collection and revival of municipal liens.
The Department of Environmental Resources is authorized to expend funds, as appropriated in this section for the emergency abatement of a mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining whenever created if the Secretary of Environmental Resources makes a finding of fact that: (i) an emergency exists constituting an extreme danger to the public; and (ii) no other person or agency will act to combat the condition. The department, political subdivisions of the Commonwealth or municipalities, their agents, employes or contractors shall have the right to enter upon the premises where the emergency exists and any other land to have access to the premises to combat the mine fire, refuse bank fire, stream pollution resulting from mine drainage or subsidence resulting from mining and to do all things necessary or expedient to do so. Such entry shall not be construed as an act of condemnation of property or of trespass thereon. The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and refuse piles located thereon and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damages by virtue of such entry: Provided, however, That this provision is not intended to create new rights of action or eliminate existing immunities.
All moneys expended under this act for the emergency abatement of mine fires, refuse bank fires, stream pollution from mine drainage or subsidence may be recovered in full from the landowner, or any other person if they were liable under law for abating the conditions resulting in the emergency. The moneys expended for the emergency abatement of these conditions is hereby declared to constitute a debt which may be recovered in any action at law to compel payment of debts. If the landowner of the premises, or any other person is not liable under any law to abate the aforesaid emergency conditions then, within either six months after the completion of any of the work herein contemplated or within six months after a final court determination of the absence of liability, the Secretary of Environmental Resources may file a lien upon the terms and conditions provided herein.
The political subdivision shall have the power to acquire rights in real property, which include but are not limited to fee simple, easements, remainder, future interest, lease, license, restriction, or covenant of any sort, contractual interest or rights concerning the use of or power to transfer property, in order to protect and preserve open space benefits.
The Commonwealth's share of the cost of such development, land acquisition and study projects shall be paid by the State Treasurer on the audit and warrant of the Auditor General on the requisition of the Secretary of the Department of Community Affairs.
The Department of Community Affairs shall be empowered to promulgate rules and regulations, undertake studies and employ personnel and consultants and provide grants to political subdivisions to undertake studies as necessary in order to properly administer this act and to determine the recreation and park needs of political subdivisions and the advisability of granting State aid.
32 P.S. § 5116