SUBSIDENCE
[30 U.S.C. 1309a]
SEC. 720. (a) Underground coal mining operations conducted after the date of enactment of this section shall comply with each of the following requirements:
(1) Promptly repair, or compensate for, material damage resulting from subsidence caused to any occupied residential dwelling and structures related thereto, or non‑commercial building due to underground coal mining operations. Repair of damage shall include rehabilitation, restoration, or replacement of the damaged occupied residential dwelling and structures related thereto, or non‑commercial building. Compensation shall be provided to the owner of the damaged occupied residential dwelling and structures related thereto or non‑commercial building and shall be in the full amount of the diminution in value resulting from the subsidence. Compensation may be accomplished by the purchase, prior to mining, of a noncancellable premium‑prepaid insurance policy.
(2) Promptly replace any drinking, domestic, or residential water supply from a well or spring in existence prior to the application for a surface coal mining and reclamation permit, which has been affected by contamination, diminution, or interruption resulting from underground coal mining operations. Nothing in this section shall be construed to prohibit or interrupt underground coal mining operations. (b) Regulations. Within one year after the date of enactment of this section, the Secretary shall, after providing notice and opportunity for public comment, promulgate final regulations to implement subsection (a).
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Note: Section 720 added October 24, 1992.
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| File Type | application/msword |
| File Title | SUBSIDENCE |
| Author | Office of Surface Mining |
| Last Modified By | Office of Surface Mining |
| File Modified | 2002-12-17 |
| File Created | 2002-12-17 |