Subchapter A. GENERAL
Sec.
207.1. [Reserved].
207.2. [Reserved].
207.11—207.22. [Reserved].
207.31—207.46. [Reserved].
207.101. Scope.
207.102. Definitions.
207.103. Responsible party.
207.104. Enforcement.§ 207.1. [Reserved].
Source The provisions of this § 207.1 adopted December 1, 1972, 2 Pa.B. 2262; reserved April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041. Immediately preceeding text appears at serial page (234646).
§ 207.2. [Reserved].
Source The provisions of this § 207.2 adopted December 1, 1972, 2 Pa.B. 2262; amended December 1, 1972, 2 Pa.B. 2262; reserved April 9, 2004, April 10, 2004, 34 Pa.B. 2041. Immediately preceding text appears at serial page (234646).
§ § 207.11—207.22. [Reserved].
Source The provisions of these § § 207.11—207.22 adopted December 1, 1972, 2 Pa.B. 2262; reserved April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041. Immediately preceeding text appears at serial pages (234647) to (234650).
§ § 207.31—207.46. [Reserved].
Source The provisions of these § § 207.31—207.46 adopted December 1, 1972, 2 Pa.B. 2262; reserved April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041. Immediately preceeding text appears at serial pages (234650) to (234655).
§ 207.101. Scope.
This chapter applies to underground noncoal mines and mined-out underground noncoal mines used to house other businesses in this Commonwealth. The purpose of this chapter is for the protection of life, the promotion of health and safety and the prevention of accidents.
Source The provisions of this § 207.101 adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041.
§ 207.102. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Developed facility—The portion of a mined-out underground noncoal mine developed or being developed for storage, manufacturing or other activities requiring a person to enter the mined-out area. The term includes all roads and means of entering and leaving the mined-out area of the underground noncoal mine.
Mined-out—A portion of the noncoal underground mine where no further mining is planned.
Noncoal underground mine—(i) Lands, excavations, underground passageways, shafts, slopes, tunnels and workings, structures, facilities, equipment, machines, tools or other property including impoundments, retention dams and tailings ponds, on the surface or underground, used in, or to be used in, or resulting from, the work of extracting metals or minerals other than coal from their natural deposits in nonliquid form, or if in liquid form, with workers underground, or used in, or to be used in, the milling of the metals or minerals, or the work of preparing metals or minerals other than coal, and includes custom preparation facilities.
(ii) Private ways and roads appurtenant to the areas set forth in subparagraph (i).
Person—A natural person, partnership, association or corporation or any agency, instrumentality or entity of Federal or State government. When used in any clause prescribing and imposing a penalty, or imposing a fine or imprisonment, or both, the term ‘‘person’’ does not exclude the members of an association and the directors, officers or agents of a corporation.
Source The provisions of this § 207.102 adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041.
§ 207.103. Responsible party.
The person who is the owner or operator of a noncoal underground mine or developed facility shall ensure that the noncoal underground mine or developed facility is constructed and operated in accordance with this chapter. A subcontractor who conducts all or part of the operation shall be jointly and severally responsible with the owner or operator.
Source The provisions of this § 207.103 adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041.
§ 207.104. Enforcement.
(a) The Department has the authority to issue orders necessary to ensure compliance with section 2(f) of the act of May 18, 1937 (P. L. 654, No. 174) (43 P. S. § 25-2(f)), known as the General Safety Law, and this chapter. This authority includes orders:
(1) Revoking or suspending a certificate of qualification to be a foreman.
(2) Ceasing or suspending the operation of a noncoal underground mine or developed facility.
(3) Requiring the abatement of an unsafe condition or practice.
(b) Except for orders abating a condition that is an imminent hazard or ceasing, in whole or in part, the operation of a noncoal underground mine or developed facility due to the existence of an imminent hazard, the Department will not issue an order abating a condition or correcting a violation of this chapter until the owner or operator has had an opportunity to meet with the Department to discuss the matter and the owner or operator has had a reasonable opportunity to abate the condition or correct the violation.
Source The provisions of this § 207.104 adopted April 9, 2004, effective April 10, 2004, 34 Pa.B. 2041.
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