8111 - Exceptions.

     § 8111.  Exceptions.        (a)  General rule.--Any person who under existing law shall     be or may become responsible to reclaim the land or treat or     abate the water pollution or any person who for payment or     consideration or who receives some other benefit through a     contract or any person who through a consent order and agreement     or otherwise agrees or is ordered to perform or complete     reclamation or treat or abate water pollution as well as a     surety which provided a bond for the site shall not be eligible     for nor shall that person receive the benefit of the protections     and immunities available under this chapter.        (b)  Projects near mining or coal refuse sites.--This chapter     shall not apply to a reclamation project or a water pollution     abatement project that is located adjacent to, hydrologically     connected to or in close proximity to a site permitted under the     act of May 31, 1945 (P.L.1198, No.418), known as the Surface     Mining Conservation and Reclamation Act, the act of April 27,     1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine     Subsidence and Land Conservation Act, the act of September 24,     1968 (P.L.1040, No.318), known as the Coal Refuse Disposal     Control Act, or the act of December 19, 1984 (P.L.1093, No.219),     known as the Noncoal Surface Mining Conservation and Reclamation     Act, unless:            (1)  The reclamation project or water pollution abatement        project is submitted to the department in writing before the        project is started.            (2)  The department finds:                (i)  The reclamation project or the water pollution            abatement project will not adversely affect the            permittee's obligations under the permit and the            applicable law.                (ii)  The activities on the project work area cannot            be used by the permittee to avoid the permittee's            reclamation or water pollution treatment or abatement            obligations.            (3)  The department issues a written notice of its        findings and the approval of the project.        (c)  Projects in lieu of civil penalties.--This chapter shall     not apply to a reclamation project or a water pollution     abatement project that is performed in lieu of paying civil     penalties.        (d)  Land Recycling and Environmental Remediation Standards     Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land     Recycling and Environmental Remediation Standards Act, does not     apply to reclamation projects or water pollution abatement     projects implemented under this chapter.        Cross References.  Section 8111 is referred to in section     8105 of this title.