Section 1406.9a - Prevention of hazards to human safety and material damage to certain buildings(a) If the Department of Environmental Resources determines and so notifies the mine operator that a proposed mining technique or extraction ratio will result in subsidence which creates an imminent hazard to human safety, utilization of such technique or extraction ratio shall not be permitted unless the mine operator, prior to mining, takes measures approved by the department to eliminate the imminent hazard to human safety.(b) If the department determines and so notifies the mine operator that a proposed mining technique or extraction ratio will cause subsidence which will result in irreparable damage to a building enumerated in section 5.4(a)(3) or (4) , utilization of such technique or extraction ratio shall not be permitted unless the building owner, prior to mining, consents to such mining or the mine operator, prior to mining, agrees to take measures approved by the department to minimize or reduce impacts resulting from subsidence to such buildings.(c) Underground mining activities shall not be conducted beneath or adjacent to:(1) public buildings and facilities;(2) churches, schools or hospitals;(3) impoundments with a storage capacity of twenty acre-feet or more; or(4) bodies of water with a volume of twenty acre-feet or more; unless the subsidence control plan demonstrates that subsidence will not cause material damage to or reduce the reasonably foreseeable use of such features or facilities. If the department determines that it is necessary in order to minimize the potential for material damage to the features or facilities described above or to any aquifer or body of water that serves as a significant water source for any public water supply system, it may limit the percentage of coal extracted under or adjacent thereto.
(d) Nothing in this act shall be construed to amend, modify or otherwise supersede:(1) standards related to prevailing hydrologic balance contained in the Surface Mining Control and Reclamation Act of 1977 ( Public Law 95-87, 30 U.S.C. § 1201 et seq.) and regulations promulgated by the Environmental Quality Board for the purpose of obtaining or maintaining primary jurisdiction over the enforcement and administration of that act ; and(2) except as provided for under section 5(i), any standard contained in the act of June 22, 1937 ( P.L. 1987, No.394), known as "The Clean Streams Law," or any regulation promulgated thereunder by the Environmental Quality Board.Amended by P.L. TBD 2017 No. 32, § 2, eff. 7/21/2017.1966, Sp.Sess. No. 1, April 27, P.L. 31, § 9.1, added 1994, June 22, P.L. 357, No. 54, § 7, effective in 60 days.