DEP Citizens Advisory Council Finalizes Comments On Act 54 Deep Mining Impact Report

At its Tuesday meeting, DEP’s Citizens Advisory Council finalized its comments on DEP’s Act 54 report on the impact of underground coal mining. Among the recommendations are--

-- Independent Review Committee: Asks Gov. Wolf to convene by Executive Order an independent, technical committee to study whether a water supply impacted by underground coal mining can be restored to pre-mining conditions in both water quality chemistry and biological characteristics and make recommendations, if appropriate to Act 54 to the General Assembly and Governor.   The CAC notes that 8 of the 55 streams determined to be affected in the previous report (2003-2008) have yet to recover to pre-mining conditions.

-- Disclosure Of Restoration Measures: The CAC recommends Act 54 be amended to direct mine owners to disclose to DEP how water resources impacted by underground mining operations were restored or reclaimed through private landowner agreements.  Without this data, the Commonwealth is not in a position to adequately assess if the intent and purpose of Act 54 are being fulfilled.

-- Presumption Zone Should Be Increased: The 35 degree Rebuttable Presumption Zone, as provided in Section 5.2(c) of Act 54, should be reassessed by DEP through consultation with appropriate technical professionals.  With this recommendation, the CAC notes that 25 percent of mine-liable water supply effects were identified in the most recent Act 54 Report to lie outside the Rebuttable Presumption Zone, including as much as 85 degrees outward and upward from the edge of mining.

-- Eliminate Deadline For Water Restoration: The CAC believes it is appropriate the General Assembly revisit the provisions included in Act 54 that limit a mine operator’s liability to restore or replace a water supply if claims concerning water contamination, diminution or interruption do not occur within 2 years from the time the supply was adversely affected.

-- Evaluation Of Compensation Timeframes: Section 5.1(g) of Act 54 specifies that compensation shall be provided to the landowner if an affected water supply is not restored or reestablished or a permanent alternate source is not provided within three years.  The CAC received comments and testimony from the public that claim resolutions are taking longer than statutorily prescribed, including circumstances where cases have remained unresolved for over 7 to 8 years with an average resolution of three and a half years.   Given these reports, the CAC recommends the General Assembly investigate the resolution timeframes included in Act 54, why those timeframes are not being upheld, and whether those timeframes need to be amended based upon practical and historical experience.

-- DEP Should Be Notified Of Water Supply Issues: Section 5.2 of Act 54 requires a landowner or water user to notify the mine operator when water supply contamination, diminution or interruption has occurred.  The CAC recommends the General Assembly reassess the adequacy of this requirement, including whether it is appropriate that DEP be notified at the same time a mine operator is notified, so that DEP, if necessary, can initiate an independent analysis of impacts on water resources, consistent with its obligations under the Clean Streams Law.    

The CAC recommendation include 19 additional comments on other areas of the underground mining program including, DEP regulations, DEP permitting procedures, DEP resources for the program, particularly for data management systems, DEP policies and DEP public engagement and transparency.

The comments also include a list of 11 questions asked to clarify sections of the Act 54 report.

A copy of the final comments are available online and on the DEP’s Citizens Advisory Council webpage.  A copy of the Act 54 report covering 2008 to 2013 is also available online.

The Citizens Advisory Council held two public hearings on the Act 54 report to help it develop its recommendations and comments, including one in Washington County.