Section 601.214 - Coal operator responsibilities(a) Hereafter, at any time prior to removing any coal or other underground material or extending the workings in any coal mine within 500 feet of any oil or gas well of which the coal operator has knowledge, or any approved well location of which the coal operator has knowledge, the coal operator shall forward, by certified mail, to or file with the well operator and the department a copy of such relevant part of its maps and plans which it is presently required by law to prepare and file with the department, showing the pillar which the coal operator proposes to leave in place around each oil or gas well in the projected workings. Following the filing of maps and plans, the coal operator may proceed with mining operations in the manner projected on said maps and plans, but he shall not remove any coal or cut any passageway within 150 feet of any such well or approved well location until written approval has been granted as hereinafter provided. If, in the opinion of the well operator or the department, such plan indicates that the pillar proposed to be left around any such well or approved well location is inadequate to protect either the integrity of the well or the public health and safety, then the well operator affected shall attempt to agree with the coal operator upon a suitable pillar, subject to the approval of the department, but, failing to agree, such well operator may, within ten days from receipt by them of such plan, file objections in accordance with section 501 to such proposed plan, indicating the size of the pillar to be left with respect to each such well. If no objections are filed within said ten-day period or if none are raised by the department, the department shall forthwith grant approval to the coal operator reciting the filing of said maps or plans, that no objections have been made thereto and that the pillar proposed to be left for each such well is approved in the manner as projected.(b) If any objections are filed by such well operator or are raised by the department, the department shall direct that a conference be held in accordance with section 501 within ten days of the filing of such objections. At such conference the coal operator and the person who has filed such objections shall attempt to agree upon a proposed plan, showing the pillar to be left around each well, which will satisfy such objections and be approved by the department and, if such plan is agreed upon, the department shall forthwith grant approval to the coal operator reciting the filing of said plan and that the pillar to be left for each such well is approved as agreed upon. If no such plan showing the pillar to be left with respect to each well can be agreed upon at such conference, the department shall, by an appropriate order, determine the pillar to be left with respect to such well. In a proceeding under this section, the department shall follow as nearly as is possible the original plan filed by the coal operator. The department shall not require the coal operator to leave a pillar in excess of 100 feet in radius, except that, if it is established that unusual conditions exist requiring the leaving of a larger pillar, the department may require a pillar up to but not exceeding 150 feet in radius. The pillar to be left with respect to each well as determined by the department shall be shown on the maps or plans on file with the department as provided in subsection (a) and the department shall thereupon approve the pillar to be left for each such well.(c) Application may be made at any time to the department by the coal operator to leave a pillar of less size than that shown on the plan filed by him or approved or determined by the department pursuant to the provisions of this section. If any such application is filed, the department may, following the procedure hereinbefore in this section prescribed, by an appropriate order, determine a different plan showing a pillar of less size with respect to any or all wells covered by such application and shall thereupon grant approval for the pillar to be left with respect to each such well.(d) No coal operator shall, without the written approval of the department after notice and opportunity for hearing as prescribed in this section, remove any coal or cut any passageway so as to leave a pillar of less size with respect to any oil or gas well than that approved by the department under this act.(e) Nothing in this act shall be construed to require a well operator to pay for any coal pillar required by the act to be left around any well drilled prior to the effective date of this act. Nothing contained in this act, which may require a coal operator to leave a pillar of coal of a certain size around a well drilled after the effective date of this act, shall in any way effect any right which the coal operator would have had prior to the effective date of this act to obtain payment for such coal, nor any duty or right which the well operator, storage operator or land owner may have had prior to the effective date of this act to pay for or not to pay for such coal.(f) A coal operator who intends to mine through a plugged oil or gas well must file a plan to completely remove a pillar from around the well, in accordance with subsection (a). This plan shall be subject to all the requirements of this section. No coal operator may mine through a plugged oil or gas well of which he has knowledge until written approval has been granted by the department in accordance with this section.(g) The Bureau of Deep Mine Safety in the department shall have the authority to establish the conditions under which the department may approve a coal operator's plan to mine through a plugged oil or gas well.1984, Dec. 19, P.L. 1140, No. 223, § 214, effective in 120 days.