SENATE AMENDED
PRINTER'S NO. 4235
PRIOR PRINTER'S NOS. 406, 988, 1538,2864, 4230
THE GENERAL ASSEMBLY OF PENNSYLVANIA
Session of 1999
INTRODUCED BY FEESE, GEORGE, MAITLAND, SNYDER, BARRAR, TIGUE,
PLATTS, GEIST, NICKOL, FARGO, CORRIGAN, KREBS, SAYLOR,
CHADWICK, DEMPSEY, TRELLO, LAUGHLIN, LYNCH, LEH, STAIRS,
HERMAN, WALKO, CURRY, HENNESSEY, MASLAND, MAHER, CLARK,
STERN, STEIL, BAKER, SCHRODER, McCALL, GANNON, S. H. SMITH,
YOUNGBLOOD, SEYFERT, STEELMAN, E. Z. TAYLOR, WILT, ORIE,
MICHLOVIC AND THOMAS
FEBRUARY 8, 1999
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 21, 2000
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) 27
(ENVIRONMENTAL PROTECTION RESOURCES) of the Pennsylvania
Consolidated Statutes, providing for participation in
environmental law or regulation AND FOR COSTS IN MINING
PROCEEDINGS.
The General Assembly finds and declares as follows:
(1) There has been a disturbing increase in IT IS
CONTRARY TO THE PUBLIC INTEREST TO ALLOW lawsuits, known as
Strategic Lawsuits Against Public Participation (SLAPP), TO
BE brought primarily to chill the valid exercise by citizens
of their constitutional right to freedom of speech and to
petition the government for the redress of grievances.
(2) It is in the public interest to empower citizens to bring a swift end to retaliatory lawsuits seeking to undermine their participation in the establishment of State and local environmental policy and in the implementation and enforcement of environmental law and regulations.
(3) This act will ensure that a frivolous lawsuit or a
SLAPP can be resolved in a prompt manner by permitting
citizens to raise civil immunity to such suits when filing a
preliminary objection for legal insufficiency of a pleading
or demurrer or upon another appropriate motion and to obtain
a stay on discovery as provided for in this act.
(4) A court should grant or deny relief on the
preliminary objection or other appropriate motion without
reserving the matter for further discovery.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title 42 27 of the Pennsylvania Consolidated
Statutes is amended by adding a section CHAPTERS to read:
§ 8340.1. Participation in environmental law or regulation.
(a) Immunity.--
(1) A person who acts in furtherance of the person's
right of petition or free speech under the Constitution of
the United States or the Constitution of Pennsylvania in
connection with an issue related to enforcement or
implementation of environmental law or regulation shall be
immune from civil liability in any action except where the
communication to the government agency is not genuinely aimed
at procuring a favorable governmental action, result or
outcome.
(2) A communication is not genuinely aimed at procuring
a favorable governmental action, result or outcome if it:
(i) is not material or relevant to the enforcement
or implementation of environmental law or regulation;
(ii) was knowingly false when made;
(iii) was rendered with reckless disregard as to the
truth or falsity of the statement when made; or
(iv) represented a wrongful use of process or abuse
of process.
(b) Stay of discovery.--The court shall stay all discovery proceedings in the action upon the filing of preliminary objections for legal insufficiency of a pleading or other appropriate motion on the basis of immunity, provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of the entry of the order ruling on the preliminary objections or on another appropriate motion.
(c) Admissibility of court determination.--If the court determines that the plaintiff has established that there is a substantial likelihood that the plaintiff will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination.
(d) Intervention.--The government agency involved in the furtherance of a person's right of petition or free speech under the Constitution of the United States or the Constitution of Pennsylvania in connection with a public issue may intervene or otherwise participate as an amicus curiae in the action involving public petition and participation.
(e) Legal protections of defendants.--Nothing in this section shall be construed to limit any constitutional, statutory or common-law protections of defendants to actions involving public petition and participation.
(f) Abuse of legal process.--In addition to other costs or remedies allowed by general rule or statute, in any administrative or judicial proceeding related to the enforcement or implementation of environmental law or regulation, the agency or court may award costs, including reasonable attorney fees, if the agency or court determines that an action, appeal, claim, motion or pleading is frivolous or taken solely for delay or that the conduct of a party or counsel is dilatory or vexatious.
(g) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Act in furtherance of a person's right of petition or free
speech under the United States Constitution or the Constitution
of Pennsylvania in connection with a public issue." Any written
or oral statement or writing made before a legislative,
executive or judicial proceeding, or any other official
proceeding authorized by law; any written or oral statement or
writing made in connection with an issue under consideration or
review by a legislative, executive or judicial body, or any
other official proceeding authorized by law; any written or oral
statement or writing made in a place open to the public or a
public forum in connection with an issue of public interest; or
any written or oral statement or writing made to a government
agency in connection with the implementation and enforcement of
environmental law and regulations.
"Enforcement of environmental law and regulations." Any
activity related to the identification and elimination of
violations of environmental laws and regulations, including
investigations of alleged violations, inspections of activities
subject to regulation under environmental law and regulations
and responses taken to produce correction of the violations.
"Government agency." The Federal Government, the
Commonwealth and all of its departments, commissions, boards,
agencies and authorities, and all political subdivisions and
their authorities.
"Implementation of environmental law and regulations." Any
activity related to the development and administration of
environmental programs developed under environmental law and
regulations.
Section 2. This act shall take effect in 60 days.
SUBPART A
GENERAL PROVISIONS
CHAPTER:
77. COSTS AND FEES
83. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
CHAPTER 77: COSTS AND FEES
SEC.:
7707. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
7708. COSTS FOR MINING PROCEEDINGS.
§ 7707. PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION.
(A) JUDICIAL.--A PERSON THAT SUCCESSFULLY DEFENDS AGAINST AN
ACTION UNDER CHAPTER 83 (RELATING TO PARTICIPATION IN
ENVIRONMENTAL LAW OR REGULATION) SHALL BE AWARDED REASONABLE
ATTORNEY FEES AND THE COSTS OF LITIGATION. IF THE PERSON
PREVAILS IN PART, THE COURT MAY MAKE A FULL AWARD OR A
PROPORTIONATE AWARD.
(B) ADMINISTRATIVE.--THE ENVIRONMENTAL HEARING BOARD MAY
AWARD COSTS AND REASONABLE ATTORNEY FEES IF IT DETERMINES ANY OF
HE FOLLOWING:
(1) AN ACTION, MOTION OR PLEADING BEFORE IT IS
FRIVOLOUS.
(2) AN ACTION, MOTION OR PLEADING BEFORE IT IS TAKEN
SOLELY FOR DELAY.
(3) THE CONDUCT OF A PARTY IS DILATORY OR VEXATIOUS.
§ 7708. COSTS FOR MINING PROCEEDINGS.
(A) PURPOSE.--THIS SECTION ESTABLISHES COSTS AND FEES
AVAILABLE IN PROCEEDINGS INVOLVING COAL MINING ACTIVITIES. THE
PURPOSE OF THIS SECTION IS TO PROVIDE COSTS AND FEES TO THE SAME
EXTENT OF SECTION 525(E) OF THE SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977 (PUBLIC LAW 95-87, 30 U.S.C. § 1201 ET
SEQ.) AND THE REGULATIONS PROMULGATED PURSUANT THERETO. IT IS
HEREBY DETERMINED THAT IT IS IN THE PUBLIC INTEREST FOR THE
COMMONWEALTH TO MAINTAIN PRIMARY JURISDICTION OVER THE
ENFORCEMENT AND ADMINISTRATION OF THE SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977 AND THAT THE PURPOSE OF THIS SECTION IS
TO MAINTAIN PRIMARY JURISDICTION OVER COAL MINING IN THIS
COMMONWEALTH BUT IN NO EVENT TO AUTHORIZE STANDARDS WHICH ARE
MORE STRINGENT THAN FEDERAL STANDARDS FOR THE AWARD OF COSTS AND
FEES.
(B) GENERAL RULE.--ANY PARTY MAY FILE A PETITION FOR AWARD OF COSTS AND FEES REASONABLY INCURRED AS A RESULT OF THAT PARTY'S PARTICIPATION IN ANY PROCEEDING INVOLVING COAL MINING ACTIVITIES WHICH RESULTS IN A FINAL ADJUDICATION BEING ISSUED BY THE ENVIRONMENTAL HEARING BOARD OR A FINAL ORDER BEING ISSUED BY AN APPELLATE COURT.
(C) RECIPIENTS OF AWARDS.--APPROPRIATE COSTS AND FEES INCURRED FOR A PROCEEDING CONCERNING COAL MINING ACTIVITIES MAY BE AWARDED:
(1) TO ANY PARTY FROM THE PERMITTEE, IF:
(I) THE PARTY INITIATES OR PARTICIPATES IN ANY
PROCEEDING REVIEWING ENFORCEMENT ACTIONS UPON A FINDING
THAT A VIOLATION OF A COMMONWEALTH COAL MINING ACT,
REGULATION OR PERMIT HAS OCCURRED OR THAT AN IMMINENT
HAZARD EXISTED.
(II) THE ENVIRONMENTAL HEARING BOARD DETERMINES THAT
THE PARTY MADE A SUBSTANTIAL CONTRIBUTION TO THE FULL AND
FAIR DETERMINATION OF THE ISSUES.
EXCEPT THAT THE CONTRIBUTION OF A PARTY WHO DID NOT INITIATE
A PROCEEDING SHALL BE SEPARATE AND DISTINCT FROM THE
CONTRIBUTION MADE BY A PARTY INITIATING THE PROCEEDING.
(2) TO ANY PARTY, OTHER THAN A PERMITTEE OR HIS
REPRESENTATIVE, FROM THE DEPARTMENT, IF THAT PARTY:
(I) INITIATES OR PARTICIPATES IN ANY PROCEEDING
CONCERNING COAL MINING ACTIVITIES.
(II) PREVAILS IN WHOLE OR IN PART, ACHIEVING AT
LEAST SOME DEGREE OF SUCCESS ON THE MERITS.
UPON A FINDING THAT THE PARTY MADE A SUBSTANTIAL CONTRIBUTION
TO A FULL AND FAIR DETERMINATION OF THE ISSUES.
(3) TO A PERMITTEE FROM THE DEPARTMENT WHEN THE PERMITTEE DEMONSTRATES THAT THE DEPARTMENT IN A MATTER CONCERNING COAL MINING ACTIVITIES ISSUED AN ORDER OF CESSATION, A COMPLIANCE ORDER OR AN ORDER TO SHOW CAUSE WHY A PERMIT SHOULD NOT BE SUSPENDED OR REVOKED, IN BAD FAITH AND FOR THE PURPOSE OF HARASSING OR EMBARRASSING THE PERMITTEE.
(4) TO A PERMITTEE FROM ANY PARTY WHERE THE PERMITTEE
DEMONSTRATES THAT THE PARTY, IN BAD FAITH AND FOR THE PURPOSE
OF HARASSING OR EMBARRASSING THE PERMITTEE:
(I) INITIATED A PROCEEDING UNDER ONE OR MORE OF THE
COAL MINING ACTS OR THE REGULATIONS PROMULGATED PURSUANT
TO ANY OF THOSE ACTS CONCERNING COAL MINING ACTIVITIES;
OR
(II) PARTICIPATED IN SUCH A PROCEEDING IN BAD FAITH
FOR THE PURPOSE OF HARASSING OR EMBARRASSING THE
PERMITTEE.
(D) TIME FOR FILING.--THE PETITION FOR AN AWARD OF COSTS AND FEES SHALL BE FILED WITH THE ENVIRONMENTAL HEARING BOARD WITHIN 30 DAYS OF THE DATE AN ADJUDICATION OF THE ENVIRONMENTAL HEARING BOARD BECOMES FINAL.
(E) CONTENTS OF PETITION.--A PETITION FILED UNDER THIS SECTION SHALL INCLUDE THE NAME OF THE PARTY FROM WHOM COSTS AND FEES ARE SOUGHT AND THE FOLLOWING SHALL BE SUBMITTED IN SUPPORT OF THE PETITION:
(1) AN AFFIDAVIT SETTING FORTH IN DETAIL ALL REASONABLE
COSTS AND FEES REASONABLY INCURRED FOR OR IN CONNECTION WITH
THE PARTY'S PARTICIPATION IN THE PROCEEDING.
(2) RECEIPTS OR OTHER EVIDENCE OF SUCH COSTS AND FEES.
(3) WHERE ATTORNEY FEES ARE CLAIMED, EVIDENCE CONCERNING
THE HOURS EXPENDED ON THE CASE, THE CUSTOMARY COMMERCIAL RATE
OF PAYMENT FOR SUCH SERVICES IN THE AREA AND THE EXPERIENCE,
REPUTATION AND ABILITY OF THE INDIVIDUAL OR INDIVIDUALS
PERFORMING THE SERVICES.
(F) ANSWER.--ANY PARTY SHALL HAVE 30 DAYS FROM SERVICE OF THE PETITION WITHIN WHICH TO FILE AN ANSWER TO SUCH PETITION.
(G) EXCLUSIVE REMEDY.--EXCEPT FOR SECTION 601 OF THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, SECTION 18.3 OF THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND RECLAMATION ACT, SECTION 13 OF THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION ACT AND SECTION 13 OF THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT, THIS SECTION SHALL BE THE EXCLUSIVE REMEDY FOR THE AWARDING OF COSTS AND FEES IN PROCEEDINGS INVOLVING COAL MINING ACTIVITIES.
(H) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"COAL MINING ACTIVITIES." THE EXTRACTION OF COAL FROM THE EARTH, WASTE OR STOCKPILES, PITS OR BANKS BY REMOVING THE STRATA OR MATERIAL WHICH OVERLIES OR IS ABOVE OR BETWEEN THEM OR OTHERWISE EXPOSING AND RETRIEVING THEM FROM THE SURFACE, INCLUDING, BUT NOT LIMITED TO, STRIP MINING, AUGER MINING, DREDGING, QUARRYING AND LEACHING AND ALL SURFACE ACTIVITY CONNECTED WITH SURFACE OR UNDERGROUND COAL MINING, INCLUDING, BUT NOT LIMITED TO, EXPLORATION, SITE PREPARATION, COAL PROCESSING OR CLEANING, COAL REFUSE DISPOSAL, ENTRY, TUNNEL, DRIFT, SLOPE, SHAFT AND BOREHOLE DRILLING AND CONSTRUCTION, ROAD CONSTRUCTION, USE, MAINTENANCE AND RECLAMATION, WATER SUPPLY RESTORATION OR REPLACEMENT, REPAIR OR COMPENSATION FOR DAMAGES TO STRUCTURES CAUSED BY UNDERGROUND COAL MINING AND ALL ACTIVITIES RELATED THERETO.
"COAL MINING ACTS." THE PROVISIONS OF THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, THE ACT OF MAY 31, 1945 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND RECLAMATION ACT, THE ACT OF APRIL 27, 1966 (1ST SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE SUBSIDENCE AND LAND CONSERVATION ACT, AND THE ACT OF SEPTEMBER 24, 1968 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL CONTROL ACT, WHICH GOVERN COAL MINING OR ACTIVITIES RELATED TO COAL MINING.
"COSTS AND FEES." ALL REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES, REASONABLY INCURRED AS A RESULT OF PARTICIPATION IN A PROCEEDING INVOLVING COAL MINING ACTIVITIES.
"DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE COMMONWEALTH.
"PROCEEDING." APPEALS OF FINAL DEPARTMENT OF ENVIRONMENTAL PROTECTION ACTIONS BEFORE THE ENVIRONMENTAL HEARING BOARD AND JUDICIAL REVIEW OF ENVIRONMENTAL HEARING BOARD ADJUDICATIONS.
CHAPTER 83: PARTICIPATION IN ENVIRONMENTAL LAW OR REGULATION
SEC.
8301. DEFINITIONS.
8302. IMMUNITY.
8303. INTERVENTION.
8304. CONSTRUCTION.
8303. RIGHT TO A HEARING.
8304. INTERVENTION.
8305. CONSTRUCTION.
§ 8301. DEFINITIONS.
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 JUDICIAL
PROCEEDING OR ANY OTHER OFFICIAL PROCEEDING AUTHORIZED BY
LAW;
(2) IN CONNECTION WITH AN ISSUE UNDER CONSIDERATION OR
REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL BODY OR ANY
OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; OR
(3) TO A GOVERNMENT AGENCY IN CONNECTION WITH THE
IMPLEMENTATION AND ENFORCEMENT OF ENVIRONMENTAL LAW AND
REGULATIONS.
"ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATION." ACTIVITY RELATING TO THE IDENTIFICATION AND ELIMINATION OF VIOLATIONS OF ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING INVESTIGATIONS OF ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES SUBJECT TO REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS AND RESPONSES TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
"GOVERNMENT AGENCY." THE FEDERAL GOVERNMENT, THE
COMMONWEALTH AND ANY OF THE COMMONWEALTH'S DEPARTMENTS,
COMMISSIONS, BOARDS, AGENCIES, AUTHORITIES, POLITICAL
SUBDIVISIONS OR THEIR AUTHORITIES. SUBDIVISIONS, OR THEIR
DEPARTMENTS, COMMISSIONS, BOARDS, AGENCIES OR AUTHORITIES.
"IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATION." ACTIVITY RELATING TO THE DEVELOPMENT AND ADMINISTRATION OF ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND REGULATIONS.
§ 8302. IMMUNITY.
(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 RELATING TO ENFORCEMENT OR IMPLEMENTATION
OF AN ENVIRONMENTAL LAW OR REGULATION SHALL BE IMMUNE FROM CIVIL
LIABILITY IN ANY RESULTING LEGAL PROCEEDING FOR DAMAGES WHERE
THE ACTION OR COMMUNICATION IS AIMED AT PROCURING FAVORABLE
GOVERNMENTAL ACTION.
(B) EXCEPTIONS.--A PERSON SHALL NOT BE IMMUNE UNDER THIS
2 SECTION IF ANY OF THE FOLLOWING APPLY:
(1) THE ALLEGATION IN THE ACTION OR COMMUNICATION IS NOT
RELEVANT OR MATERIAL TO THE ENFORCEMENT OR IMPLEMENTATION OF
AN ENVIRONMENTAL LAW OR REGULATION. SECTION IF THE ALLEGATION
IN THE ACTION OR ANY COMMUNICATION TO THE GOVERNMENT IS NOT
RELEVANT OR MATERIAL TO THE ENFORCEMENT OR IMPLEMENTATION OF
AN ENVIRONMENTAL LAW OR REGULATION AND:
(2) THE (1) THE ALLEGATION IN THE ACTION OR
COMMUNICATION IS KNOWINGLY FALSE, DELIBERATELY MISLEADING OR
MADE WITH MALICIOUS AND RECKLESS DISREGARD FOR THE TRUTH OR
FALSITY;
(3) THE (2) THE ALLEGATION IN THE ACTION OR
COMMUNICATION IS MADE FOR THE SOLE PURPOSE OF INTERFERING
WITH EXISTING OR PROPOSED BUSINESS RELATIONSHIPS; OR
(4) THE (3) THE ORAL OR WRITTEN COMMUNICATION TO A
GOVERNMENT AGENCY RELATING TO ENFORCEMENT OR IMPLEMENTATION
OF AN ENVIRONMENTAL LAW OR REGULATION IS LATER DETERMINED TO
BE A WRONGFUL USE OF PROCESS OR AN ABUSE OF PROCESS.
§ 8303. RIGHT TO A HEARING.
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 IF THE MOTION IS DENIED, THE
MOVING PARTY SHALL HAVE AN INTERLOCUTORY APPEAL OF RIGHT TO THE
COMMONWEALTH COURT, DURING WHICH TIME ALL DISCOVERY SHALL BE
STAYED.
§ 8303 8304. INTERVENTION.
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.
§ 8304 8305. CONSTRUCTION.
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.
SECTION 2. THE FOLLOWING ACTS OR PARTS OF ACTS ARE REPEALED:
THE FIFTH SENTENCE OF SUBSECTION (B) OF SECTION 307 OF THE
ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN
STREAMS LAW.
SECTION 2. (A) THE FOLLOWING ACTS OR PARTS OF ACTS ARE
REPEALED:
THE FIFTH SENTENCE OF SECTION 4(B) AND SUBSECTION (F)(2)(V)
(F)(5) OF SECTION 4.2 OF THE ACT OF MAY 31, 1945 (P.L.1198,
NO.418), KNOWN AS THE SURFACE MINING CONSERVATION AND
RECLAMATION ACT.
THE LAST SENTENCE OF SECTION 5(G) OF THE ACT OF APRIL 27,
1966 (1ST SP.SESS., P.L.31, NO.1), KNOWN AS THE BITUMINOUS MINE
SUBSIDENCE AND LAND CONSERVATION ACT.
THE LAST SENTENCE OF SECTION 5(I) OF THE ACT OF SEPTEMBER 24,
1968 (P.L.1040, NO.318), KNOWN AS THE COAL REFUSE DISPOSAL
CONTROL ACT.
(B) ALL OTHER ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR AS
THEY ARE INCONSISTENT WITH THIS ACT.
SECTION 3. THE ADDITION OF 27 PA.C.S. § 7708 SHALL APPLY TO ALL PROCEEDINGS AND PETITIONS FOR COSTS AND FEES FILED AFTER THE EFFECTIVE DATE OF THIS ACT.
SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
(1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
IMMEDIATELY:
(I) THE ADDITION OF 27 PA.C.S. § 7708.
(II) THIS SECTION.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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