8104 - Definitions.

     § 8104.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Abandoned lands."  Land adversely affected by mineral or oil     or gas extraction and left or abandoned in an unreclaimed or     inadequately reclaimed condition.        "Consideration."  Something of value promised, given or     performed in exchange for something which has the effect of     making a legally enforceable contract. For the purpose of this     chapter, the term does not include a promise to a landowner to     repair damage caused by a reclamation project or water pollution     abatement project when the promise is made in exchange for     access to the land.        "Department."  The Department of Environmental Protection of     the Commonwealth.        "Eligible land and water."  Land and water adversely affected     by mining or oil or gas extraction and left or abandoned in an     unreclaimed or inadequately reclaimed condition or left     discharging water pollution and for which no person has a     continuing reclamation or water pollution abatement obligation.     The term shall also include land and water adversely affected by     mining or oil or gas extraction and left in an unreclaimed or     inadequately reclaimed condition or left discharging water     pollution for which the Department of Environmental Protection     has forfeited and collected the operators bonds and there is no     outstanding litigation concerning the bond forfeiture.        "Landowner."  A person who holds either legal or equitable     interest in real property.        "Mineral."  Any aggregate or mass of mineral matter, whether     or not coherent, which is extracted by mining, including, but     not limited to, limestone, dolomite, sand, gravel, slate,     argillite, diabase, gneiss, micaceous sandstone known as     bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore,     vermiculite, clay and anthracite and bituminous coal.        "Permitted mining activity site."  A site permitted by the     Department of Environmental Protection pursuant to one or more     of the following acts:            (1)  the act of June 22, 1937 (P.L.1987, No.394), known        as The Clean Streams Law;            (2)  the act of May 31, 1945 (P.L.1198, No.418), known as        the Surface Mining Conservation and Reclamation Act;            (3)  the act of April 27, 1966 (1st Sp.Sess., P.L.31,        No.1), known as The Bituminous Mine Subsidence and Land        Conservation Act;            (4)  the act of September 24, 1968 (P.L.1040, No.318),        known as the Coal Refuse Disposal Control Act; or            (5)  the act of December 19, 1984 (P.L.1093, No.219),        known as the Noncoal Surface Mining Conservation and        Reclamation Act.        "Person."  A natural person, partnership, association,     association members, corporation, political subdivision of the     Commonwealth, an agency, instrumentality or entity of Federal or     State Government or other legal entity recognized by law as the     subject of rights and liabilities.        "Project work area."  That land necessary for a person to     complete a reclamation project or a water pollution abatement     project.        "Reclamation project."  The restoration of eligible lands and     water to productive use by regrading and revegetating the land     to stable contours that blend in and complement the drainage     pattern of the surrounding terrain with no highwalls, spoil     piles or depressions to accumulate water and by plugging     abandoned oil or gas wells and removing production or storage     facilities, supplies and equipment from areas disturbed in     siting, drilling, completing and producing such wells.        "Water pollution."  Pollution of the waters of this     Commonwealth as defined in section 1 of the act of June 22, 1937     (P.L.1987, No.394), known as The Clean Streams Law, which was     caused by mining activities or oil or gas extraction or     exploration for these resources.        "Water pollution abatement facilities."  The methods for     treatment or abatement of water pollution located on eligible     lands and water. These methods include, but are not limited to,     a structure, system, practice, technique or method constructed,     installed or followed to reduce, treat or abate such water     pollution.        "Water pollution abatement project."  A plan for treatment or     abatement of water pollution located on eligible lands and     water. These plans include, but are not limited to, the     practices to be followed and the installation, operation and     maintenance of facilities to reduce, treat or abate such water     pollution.