8105 - Eligibility and project inventory.

     § 8105.  Eligibility and project inventory.        (a)  General rule.--A landowner or person who voluntarily     provides equipment, materials or services at no charge or at     cost for a reclamation project or a water pollution abatement     project in accordance with this chapter may be immune from civil     liability and may raise the protections afforded by this chapter     in any subsequent legal proceeding which is brought to enforce     environmental laws or otherwise impose liability. A landowner or     other person is only eligible for the protections and immunities     provided by sections 8106 (relating to landowner liability     limitation and exceptions) and 8107 (relating to project     liability limitation and exceptions) if a detailed written plan     of the proposed reclamation project or water pollution abatement     project is submitted to and approved by the department. The     project plan shall include the objective of the project and a     description of the work that will be performed to accomplish the     objective and must identify the project location, project     boundaries, the project participants and the owners of the land.        (b)  Notice.--Upon receipt of each project plan, the     department shall either give written notice by certified mail to     adjacent property owners and riparian land owners located     downstream of the proposed project or will provide public notice     of the proposed project in a newspaper of general circulation,     published in the locality of the proposed project, once a week     for four consecutive weeks and shall give public notice in the     Pennsylvania Bulletin. The person proposing the project may also     provide public notice. Any person having an interest which may     be adversely affected by the proposed project has the right to     file with the department written objection to the proposed     project within 30 days after receipt of the written notice or     the last publication of the above notice, which shall conclude     the public comment period. The department shall provide to the     person proposing the project a copy of each written objection     received during the public comment period.        (c)  Advice.--The department may provide advice to the     landowner or other interested person based upon the department's     knowledge and experience in performing reclamation projects and     water pollution abatement projects.        (d)  Departmental review.--The department shall review each     proposed reclamation project and approve the project if the     department determines the proposed project:            (1)  will result in the regrading of 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;            (2)  will result in the appropriate revegetation of the        site; and            (3)  is not likely to result in water pollution as        defined in section 1 of the act of June 22, 1937 (P.L.1987,        No.394), known as The Clean Streams Law.     The department shall review each proposed water pollution     abatement project and approve the project if the department     determines the proposed project is likely to improve the water     quality and is not likely to make the water pollution worse.        (e)  Additional review.--The department shall review each     project plan in accordance with section 8111(b) (relating to     exceptions).        (f)  Project inventory.--The department shall develop and     maintain a system to inventory and record each project, the     project location and boundaries, each landowner and each person     identified in a project plan provided to the department. The     inventory shall include the results of the department's review     of the proposed project and, where applicable, include the     department's findings under section 8111(b).        (g)  Appeal.--A person aggrieved by a department decision to     approve or disapprove a reclamation project or a water pollution     abatement project has the right to file an appeal with the     Environmental Hearing Board in accordance with the act of July     13, 1988 (P.L.530, No.94), known as the Environmental Hearing     Board Act, and in accordance with the Environmental Hearing     Board's rules, 25 Pa. Code Ch. 1021 (relating to practice and     procedures).