§ 78a.32. Recommendation by the panel.
(a) The panel shall make its recommendation of where the proposed well should be located, based upon the financial considerations of the parties.
(b) The panel shall make its recommendation within 10 calendar days of the close of the meeting held under § 78a.31 (relating to scheduling of meeting by the panel).
(c) If the Department determines that the first recommended location endangers a mine or the public, it will reject the location and notify the panel to make another recommendation. The panel shall submit another recommended location to the Department within 10 calendar days of the Department’s notification.
(d) If the Department determines that the second recommended location endangers a mine or the public, the Department may designate a location where it has determined that the well will not unduly interfere with or endanger the mine or the public and issue a permit for the well at that designated location. However, if the Department has not designated such a location, and if the Department determines that a well drilled at any proposed or panel-recommended alternate location will unduly interfere with or endanger the mine or the public, it will deny the permit.
(e) No permit will be issued for a well at a location that would, in the opinion of the Department, endanger the safety of persons working in a coal mine.
Cross References This section cited in 25 Pa. Code § 78a.25 (relating to conferences—general).
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