Section 681.11 - Backfilling; distance from spoil banks to stream; relocation of road or streamThe operator shall be required to backfill stripping pits in the following manner:
(1) All stripping pits not more than one hundred (100) feet in depth shall be completely backfilled.(2) All stripping pits shall be completely backfilled for a distance of one hundred (100) feet from the right-of-way of any public highway or two hundred and fifty (250) feet from any occupied dwelling house, public building, school, church, commercial or institutional building.(3) In all stripping pits in excess of one hundred (100) feet in depth and more than one hundred (100) feet beyond the right-of-way of any public highway or more than two hundred and fifty (250) feet beyond any occupied dwelling house, public building, school, Church, commercial or institutional building, the amount of final backfill required shall be determined by the Land Restoration Board as hereinafter constituted. Upon approval of the plan of mining and restoration by said board, the approved plan shall be included in and become a condition of the permit which shall be effective and complied with until the operation is completed or abandoned. The amount of final backfill required for such stripping pits shall be determined by said board concurrently with the issuing of a permit, and shall be included in and become a condition of the permit and the operator shall be required to backfill to the extent specified: Provided, however, That alternative plans for reclamation wherein the land can be used for suitable purposes may be approved by the Land Restoration Board.(4) Whenever reasonable and practicable, the department shall require backfilling as the open pit mining progresses. Within six months after the operation is completed or abandoned, the operator shall have backfilled all pits in accordance with the plan previously approved by the secretary, except in those instances where the pit or pits are within one hundred (100) feet of the right-of-way of any public highway or within two hundred and fifty (250) feet of any occupied dwelling house, public building, school, church, commercial or institutional building, in which case, the department shall specify the time within which the backfilling shall be completed in order to protect the public safety. All backfilling shall be completed before necessary backfilling equipment is removed from the operation. Provided, however, That any permit issued subsequent to the effective date of this amending act shall not require restoration or backfilling of any anthracite coal stripping pit stripped, affected or created prior to the effective date of this amending act to other than the requirements of legislation applicable on the date of such prior stripping.
The permit shall also specify the distance to which the bottom of the spoil banks made by the strip mining operation may approach any stream of water having a well defined channel. Such distances shall be fixed by the department at such number of feet as in the judgment of the department, after consultation with the Water and Power Resources Board, taking into consideration the character of the overburden, is necessary to protect the channel of the stream.
Nothing contained in this section shall be construed to prohibit the relocation of any public road, in the manner provided by law, or the change of the course or channel of any stream, in the manner provided by law, upon permit issued by the Water and Power Resources Board.
1947, June 27, P.L. 1095, § 11. Amended 1951, Aug. 24, P.L. 1364, § 1; 1956, April 4, P.L. (1955) 1398, § 2; 1961, Sept. 2, P.L. 1194, § 7; 1963, Aug. 13, P.L. 781, § 7.