§ 86.232. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Coal mining laws—Those provisions of the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19b), The Clean Streams Law (35 P. S. § § 691.1—691.1001), the Air Pollution Control Act (35 P. S. § § 4001—4015), the Dam Safety and Encroachments Act (32 P. S. § § 693.1—693.27), the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66), The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. § § 1406.1—1406.21) and the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003), related to the regulation of surface and underground coal mines and facilities, and The Land and Water Conservation and Reclamation Act (32 P. S. § § 5101—5121) related to abandoned mine lands reclamation for which Federal grants have been made under sections 401—415 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. § § 1231—1244).
Coal mining operation—The business of developing, producing, preparing or loading bituminous coal, subbituminous coal, anthracite or lignite, or of reclaiming the areas upon which the mining activity occurs.
Department—The Department of Environmental Protection.
Direct financial interest—Ownership or part ownership by an employe of lands, stocks, bonds, debentures, warrants, partnership shares or other holdings and also means another arrangement where the employe may benefit from his holding in or salary from coal mining operations. Direct financial interests include employment, pensions, creditor, real property and other financial relationships.
Employe—A person employed by the Department who performs a function or duty under the coal mining laws.
Indirect financial interest—The same financial relationships as for direct ownership, where the employe reaps the benefits of the interests held by his spouse, minor child and other relatives, including in-laws, residing in the employe’s home. The employe will not be deemed to have an indirect financial interest if there is no relationship between the employe’s functions or duties and the coal mining operation in which the spouse, minor children or other resident relatives hold a financial interest.
Performing any function or duty under the coal mining laws—Those decisions or actions, which if performed or not performed by an employe, affect the programs conducted under the coal mining laws.
Prohibited financial interest—A direct or indirect financial interest in a coal mining operation.
Authority The provisions of this § 86.232 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); and section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)).
Source The provisions of this § 86.232 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended August 21, 2015, effective August 22, 2015, 45 Pa.B. 4904; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (378208) to (378209).
No part of the information on this site may be reproduced for profit or sold for profit.
This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
