Pennsylvania Statutes Title 52 P.S. Mines and Mining § 3304. Relationship to coal mining

(a) General rule.--Except as provided in subsection (b), all surface mining operations where the extraction of coal is incidental to the extraction of minerals and where the coal extracted does not exceed 16 2/3 % of the tonnage of materials removed for purposes of commercial use or sale shall be subject to this act and shall not be subject to the act of May 31, 1945 (P.L. 1198, No. 418), known as the Surface Mining Conservation and Reclamation Act.  1  For purposes of this section, coal extraction shall be incidental when the coal is geologically located above the mineral to be mined and is extracted in order to mine that mineral.

(b) Certain provisions of Surface Mining Conservation and Reclamation Act applicable.--All surface mining operations where the extraction of coal is incidental to the extraction of minerals and where the coal extracted does not exceed 16 2/3 % of the tonnage of materials removed for purposes of commercial use or sale shall be subject to section 4.5(a) to (g), inclusive, of the Surface Mining Conservation and Reclamation Act.  2