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The 450 Report
by Dr. Fullerm of the
Susquehanna University
INTRODUCTION
Centralia is a small town located in Central Pennsylvania
with a history fabricated on coal mining. In 1962 bad
judgment on the placement of a local landfill in an old
strip mine pit caused the Buck Mountain and Mammoth Mountain
coal seams to catch fire. Little effort to extinguish the
mine fire at the beginning allowed it to build to
uncontrollable proportions causing state and federal
agencies to get involved with the technological disaster.
Evidence of the underground inferno can be seen in noxious
gases billowing from vents in the ground, subsidence large
enough to cause the closure of a major highway, or the dead
landscape surrounding Centralia. In the 38 years that the
mine fire has been burning a swarm of legal issues has
engulfed the town ranging from eminent domain to a murder
suicide case. The few residents who have refused to move
from their homes claim the government’s inability to put out
the fire is a conspiracy in order to obtain mineral rights
to mine the anthracite still underlying the borough.
DEMOGRAPHICS
Location
The borough of Centralia is located in the
Conyngham Township in Columbia County in central
Pennsylvania (The Pennsylvania Marketing & Planning Center,
2000).
Population
In 1962, the Borough of Centralia had a population of 1100
and 545 families and businesses (PA DEP, 1998). In
1990, the population had dropped to 63 persons (18 families)
(U.S. Census Bureau, 1990). In 1996, the population
dwindled to only 46 persons (Please see Figures 1 & 2).
This drop in population is due to the acquisition of 545
residences and businesses and resident relocations by the
State during 1985-1991 (PA DEP, 1998). As of 1990, all
63 persons lived in a rural non-farm setting (U.S. Census
Bureau, 1990).

Figure 1. Centralia in
1983
(www.centraliapa.com).

Figure 2.
Centralia Today (www.offroaders.com).
In 1990, all 63 Centralia
residents were white. Forty-five residents claimed
single ancestry, and 21 claimed multiple ancestry. The
three biggest ethnicities under the single ancestry
designation were Irish (15), Lithuanian (9), and German (8).
Other ethnicities listed included Arab, English, Polish,
Norwegian, Ukrainian, and Swiss. English was the
language spoken at all homes, and two households spoke in
Slavic languages as well (U.S. Census Bureau, 1990).
Most people living in Centralia in 1990 were above the age
of 20 and married. The three most populated age groups
were 56-59 years (8 residents), 35-39 years (6 residents),
and 65-69 years (5 residents). Seven residents were
under the age of 18 (U.S. Census Bureau, 1990).
Education
In 1990, three persons 3 years or older were enrolled in
public elementary or high school, and 5 people were enrolled
in a public college. Nine people 25 years or older had
an educational attainment of less than 9th grade.
Twenty-two people in Centralia had gone to high school but
received no diploma, and 24 people were high school
graduates. No one living in Centralia in 1990 over the
age of 18 had received a college degree (U.S. Census Bureau,
1990).
Military
Service
In 1990, nine veterans between the ages of 16
and 64 lived in Centralia. Three of these veterans
served during the Vietnam era, Korean conflict, but no World
War II. Three different veterans served from February
1955 to July 1964 only, and three veterans served only in
World War II (U.S. Census Bureau, 1990).
Industry/Employment
The three biggest industries
for which Centralians worked in 1990 were manufacture of
durable goods, manufacture of non-durable goods, and mining
(outside of the Borough). By 1993, there were no
employees working in mining in Centralia or in Columbia
County (The Pennsylvania Marketing & Planning Center, 2000).
The three most popular
occupations for Centralia residents were precision
production, craft, and repair occupations; machine
operators, assemblers, and inspectors; and transportation
and material moving occupations. In 1990, 17 residents
worked outside of Columbia County and 7 residents worked
within their county of residence. No residents took
public transportation to work. Most residents worked
approximately 10-14 minutes away from their house (U.S.
Census Bureau, 1990).
The median household income in
Centralia in 1989 was $16, 667. Four people in 1989
were earning incomes below the poverty level (U.S. Census
Bureau, 1990). Since 1990, the unemployment rate in
Columbia County has mirrored that of Northeastern PA (the
latter being slightly higher) and of Pennsylvania and the
United States as a whole (PA and US being slightly lower).
Columbia County’s unemployment rate for August 2000 was
4.3%, down 0.8% from the previous month (The Pennsylvania
Marketing & Planning Center, 2000).
Housing &
Living Structure
In 1990, there were 36 total
housing units. Thirty-one of these housing units were
occupied, and 5 were vacant. Twenty-seven of the occupied
housing units were owner-occupied, and 4 were
renter-occupied. All owner-occupied housing units had a
value of less than $99, 999. The median value for these
units was $33,300 (U.S. Census Bureau, 1990).
All 5 vacant housing units
were not boarded up. One vacant housing unit was up for rent
in 1990, and had been up for rent for 6 or more months.
Those units that were rented had a rent of less than $199
per month (U.S. Census Bureau, 1990). All other vacant units
had been vacant for either less than two months, or for six
months or more (U.S. Census Bureau, 1990).
The majority of housing units
in Centralia were built prior to 1939 (23 out of 36). The
remaining structures were built from 1970-1979, 1950-1959,
or 1940-1949. In 1990, two of the vacant housing units were
built in 1970-1979 and 5 were built prior to 1939 (U.S.
Census Bureau, 1990). Most of these housing units are
“rowhouses”.
Sixteen of 28 householders
moved into their house prior to 1959. Two householders moved
into their units from 1989 to March 1990, and ten
householders moved into Centralia between 1960 and 1979, the
period when the Centralia mine fire was discovered and
efforts were made to extinguish it.
As of 1990, all 36 residences
got their water supply from a public system or a private
company, and all 36 residences had access to a public sewer
system. House heating fuels used included electricity, fuel
oil, kerosene, and coal or coke. There were complete
plumbing facilities in all residences and all remaining
vacant housing units. No houses were mortgaged in 1990 in
Centralia (U.S. Census Bureau, 1990).
HISTORY OF THE MINE FIRE IN
CENTRALIA
The history of the underground mine fire at Centralia really
begins with the mining rights in the 1950’s. In 1951
Coates Coal Company purchased the subsurface areas of
Centralia. These subsurface rights were eventually
transferred to Centralia and the Centralia School District.
In 1965 the school district conveyed its ownership of these
rights to the Borough of Centralia (658 A.2d 840; 1995).
In early 1962 the Borough of Centralia decided to make a
landfill behind a cemetery in an abandoned strip mine.
This permit for this landfill was issued on June 20, 1962.
On May 29, 1962 the borough of Centralia decided to
unofficially burn the landfill to improve the appearance,
smell and remove any rats present. Volunteer fire
fighters were present to control this fire. They
thought the fire had been under control and was
extinguished, but on May 29 flames and smoke were noticed at
the landfill. The fire department tried to put out the
fire again, but was unsuccessful (Dekok, 16-22).
Figure 3 shows the anatomy of a mine fire.
There were two offers to put
out the mine fire that were refused by the Department of
Mines and Mineral Industries even though these offers were
very cheap and had good chance being successful. The
first attempt to officially put out the fire began on August
22,1962 by Edward Bridy. He was given approximately
$20,000 for this excavation and was told not to do
exploratory drilling to find the edge of the fire.
Instead he was given dimensions to excavate. This only
fed air to fire and the project was terminated on October
29, 1962 (Dekok, 39-40).

Figure 3. The anatomy of
a mine fire.
Later that year in November a flushing project began by K
and H Excavating. This project was terminated before
completion on March 15, 1963 because the project ran out of
funding after spending $42,420 (Dekok, 40).
In April of 1963, three projects to extinguish the fire were
proposed and rejected by the Secretary of Mines. A
trench project began on July 9, 1963 with a budget of
36,225. This project was terminated when the fire was
discovered on both sides of the trench (Dekok, 48-49).
The Appalachian Regional Commission on June 8, 1965 approved
a larger project with two phases and an estimated cost of
$2,525,000. This project would include backfilling the
landfill, flushing, and excavation a trench. This
would require the relocation of some of the houses in
Centralia. The drilling began for this project on May
8, 1967 by Empire Contracting. When the project ran
out of money, the plans for the trench changed to a half
circle instead of completely surrounding the fire.
This project was eventually canceled because of a lack of
funding, probably related to cost benefit factors (Dekok,
56-61).
The next attempt at blocking the mine fire was a fly ash
barrier constructed by Stearns Service Corporation of
Nanticoke on May 5, 1969 costing $518,840. The fly ash
barrier was much cheaper than total excavation of the fire,
but was not proven to be the most effective method of
extinguishing the fire. The residents in the town also
started to notice a lack of Oxygen in their houses and high
temperatures were discovered in some of the yards. The
government bought the first three houses in Centralia
because of the high temperatures and gases found in the
houses. A small trench was started in the summer 1969
that would meet up with the fly ash barrier. This
trench ended before eight of the houses in Centralia.
During the process of digging out the trench the fire was
uncovered. The funding ran out after the fire was
exposed and the order was given to back fill the hole
(Dekok, 70-77).
Everyone seemed to forget about the fire until the fly ash
barrier started to fail. In 1973 an emergency $250,000
was appropriated by the Appalachian Regional Commission.
This money was used to repair the fly ash barrier and to
drill 53 monitoring wells (Dekok, 81).
Work began in May 1978 on a project, funded by the
Department of Environmental Resources, to locate the leak in
the fly ash barrier and to repair this leak. This
project cost $429,550. During this project two pits
were backfilled. This was a mistake because these pits
were obviously updrafts, when they were filled gases could
no longer escape and gases instead began to seep into houses
(Dekok, 91).
Around this time the Appalachian Regional Commission began
to consider constructing another limited trench. This
trench would pick up where the previous trench left off.
In order for this trench to be constructed twenty-five
houses and a church would have to be moved. The funds
for this project never materialized and a new project was
created. This project was a super flush barrier.
The money for this project came from the Appalachian
Regional Commission and the U.S. Office of Surface Mining.
It was determined that a trench was no longer feasible
(Dekok, 95-99).
The locations of the projects that have been implemented up
to this time by both state and federal agencies are shown in
Figure 4 (GAI Consultants). The next step in the
Centralia project was the relocation of the houses in
Centralia because the fire had become too large to be
economically feasible to control. The projected extent
of the fire is shown in Figure 5 (GAI Consultants). By
1982 the U.S. Office of Surface Mining had acquired 34 of
the impacted properties. The Department of
Environmental Resources also initiated an air quality
monitoring program. By
1983 the U.S. Office of Surface Mining estimated that $663
million would be needed to completely extinguish the fire.
In 1984 the U.S. Congress appropriated $42 million to
purchase houses and businesses impacted by the mine fire
(subsidence and toxic gases). This was a completely
voluntary relocation project. Between 1985 and 1992
545 residences and businesses moved. In 1992
condemnation processes began against the remaining 53
residences (DEP, 1996).
Subsidence also began to show
along Route 61. Penn DOT stabilized the road at a cost
of $0.5 million. In 1993 Route 61 was closed
permanently due to more subsidence (DEP, 1996). Figure
6 shows old Route 61 as it is today.

Figure 6. Old Route 61.
As of right now in Centralia
there are still 36 residences and the fire is continuing to
spread. No legal action has been taken against the
remaining families. The plan for extinguishing the
fire is to let it burn out on its own because excavation
will cost too much money.
STATE &
FEDERAL AGENCY INVOLVEMENT
Numerous governmental agencies have been involved (or are
currently involved) in Centralia. Whether it is
eminent domain proceedings, scientific research, or
relocation assistance, both state and federal agencies have
had a large presence in the borough ever since the mine fire
was discovered in May of 1962. Please see Table 1 for
a brief history of state and federal agencies’ involvement
with Centralia:
|
Table 1. State and
federal agency involvement in Centralia. |
|
Dates |
Agency & Type of
Involvement |
|
1962-1978 |
State & federal
governments expend $3.3 million to control fire with
limited results. |
|
1972-1982 |
The United States Office
of Surface Mining (OSM) acquires 34 impacted properties
& contracts for a study to determine its potential to
spread. |
|
1983
|
PA DER (precursor to DEP)
initiates air quality monitoring program. |
|
PA Department of Community
Affairs (DCA) & Columbia County Redevelopment Authority
(CCRA) initiate program to voluntarily relocate
residents of Centralia. |
|
1984 |
U.S. Congress appropriates
$42 million for voluntary acquisition and relocation of
impacted businesses & residences due to dangers caused
by fire. |
|
|
Previously acquired
properties are transferred to the Commonwealth of
Pennsylvania.
|
|
January-92 |
The Centralia Task Force
(under OSM) utilizes condemnation procedures to acquire
properties and relocate remaining residents. |
|
February 18, 1992 |
Attorneys for CCRA notify
Centralia residents that CCRA will acquire all remaining
properties by exercising the DCA's power of eminent
domain. |
|
January 28, 1993 |
CCRA files declarations of
taking with the trial court (PA Court of Common Pleas of
Columbia County) for the purpose of acquiring only the
surface to certain parcels of real property threatened
by the underground mine fire. |
|
1993 |
DER stabilizes Route 61
after it suffers severe subsidence damage from the mine
fire. |
|
December-94 |
PA Court of Common Pleas
of Columbia County denies Centralia residents'
objections to the declarations of taking filed by the
CCRA. Decision is affirmed on appeal. |
|
February-96 |
Commonwealth services
include: Department of Community Affairs (Public
Works Administration, demolition of vacant structures,
population relocation) & DEP (environmental impact
studies - Quarterly on-site monitoring of fire). |
|
Source: Excerpts from DEP's
A Brief History of The Centralia Mine Fire, February
1996. |
COAL MINES
History
Coal mining has been a major source of fossil fuel in the
United States throughout its history. Pennsylvania
began coal mining in the mid-1700s, and by 1977, it had
mined one third of the nation's coal. By the 1800s,
Pennsylvania coal was fueling the industrial growth of the
country and was the primary fuel source for Western
Pennsylvania’s steel industry. Anthracite and bituminous
coal production peaked in 1918 with a combined production of
276 million tons. (DEP 2000) Anthracite is purer and
burns hotter and longer than the bituminous.
Pennsylvania was such a force in the coal industry because
most of its veins were in fact anthracitic. Between
the Delaware and the Susquehanna rivers, represent all the
anthracite coal in the United States, this covers an area of
488 square miles (Ohio State 2000). The reason that
this state was able to support such a mining effort is
because of the Mammoth and Buck Mountain Seams. The Buck
Mountain area consists of 2400 acres. Centralia is
located over the Western Middle Anthracite Field (see Figure
7), specifically the Buck Mountain, Seven-Foot, Skidmore,
Mammoth, Mammoth Leader, Four-Foot, Bottom-Split Holmes,
Primrose Leader, and Primrose Coal Seams. These first
six named seams run entirely through the borough of
Centralia, with the remaining four forming the nose of a
syncline in the south-western corner of the borough (see
Figure 8).
Mining here commenced from its
settlement in 1842 and continued through the 1900s until
1963 when coal mining as a whole ceased to be a prominent
source of fuel. (Couch 2000) Many coal companies were
present in the area, beginning with the Centralia Colliery
in 1862, the Continental Colliery in 1863, Locust run
Colliery in 1867, but the most prominent was Lehigh Valley
Coal Company. This New York based firm held control of
the Centralia Mine until
1925. A decline in the
business and many bootleg operations had lessened the demand
for coal and the mine was closed. The Centralia Mining
Company (or the Birtley Coal Company) reopened the Centralia
Mine in 1935 under Ed Whitney. At this time a
stripping pit was mined, which later would be the site for
the garbage disposal area where the refuse ignited. In
1955, the Rooster Company bought the mine, and then
eventually sold it to Coates Coal Company in 1962. In
this year the Germantown park Coal Company owned the rights
to the minerals and surface. The Jeddo-Highland Coal
Company leased the surface rights, while the mineral rights
were leased to the Susquehanna Coal Company.
Jeddo-Highland commenced with strip mining the area, and
Susquehanna undertook the deep mining of the area. In
1963 mining here ceased, leaving a sizable pit (75 feet wide
and 50 feet deep). (DEP 2000)
Process of Mining
The coal measures lie on a
floor of conglomerate rock, which rises about them on all
sides like the sides of a basin, and is exposed on the
slopes and summits of the mountains surrounding the coal
regions. The thickness of the coal beds varies from 1
foot to 32 feet, and that of the rock from a few feet to
200. The coal beds are pretty regularly distributed
throughout the coal measures, and their presence in a
certain place can generally be calculated upon (Ohio State
2000).
Coal can be mined in two ways,
through the surface (strip mining) or by burrowing through
the layers of earth (underground mining). Strip mining
which involves the removal of topsoil and subsoil first and
then the coal and overburden are removed, is practiced
mostly in the flat topography of the western US. Strip
mining accounts for 60 percent of the coal now produced in
the US. The other 40 percent is from underground
mining though in the past underground mining was the
dominate method. This second technique involves the
approaching of the seam either vertically or horizontally,
is practiced in the uneven landscape of the Appalachian
mountain states. (ACF 2000) Underground mining is done
either through drifts, dug horizontally into the seam, or
shafts, vertical digging through overburden slanting down
from the surface to the seam (ACF 2000). Structures of
these collieries included drift, tunnel, slope, and shaft.
Drift was a tunnel driven into the side of the seam from its
outcrop straight on, and since it was tilted slightly
upward, it drained itself. A tunnel was the same as a
drift but driven into the rock at a right angle, therefore
meeting the seam inside the mountain. The slope was
driven down into the seam where the dip was located.
The shaft intersected the vein from straight above so the
coal could be mined from all sides. (Wallace 1987)
In deep mines, such as the one
that existed in Centralia, the seam that was being mined had
to be supported. This was done by leaving columns of
coal in pace for support, commonly referred to as the “room
and pillar” method (ACF 1987). Another method of
support used was to put into place large timbers from the
floor to the ceiling of the mine. Coal was removed
from the mines by mule-drawn carts, or by carts that
followed a natural downward slope out of the shaft.
Centralia had its share of both methods of mining, an
outcrop was strip mined in the mid thirties, but in the area
where the fire is concentrated, the underground mines were
prevalent. In the Depression years, many bootleg mine
shafts appeared in the area of and surrounding Centralia.
These were shafts that were hand dug into the side of the
vein and the miner and coal brought out in buckets.
This dangerous form of mining went unregulated for the most
part and caused and increased amount of shaft openings in
the area.
Mine Fires
The burning of coal produces
certain emissions including- sulfur dioxide, nitrogen
oxides, and carbon dioxide. (USGS 2000) The
percentages of each element vary with the mineral
composition of the coal. These may pose a potential
health threat. When mine fires exist, there is no
accurate way to measure the amounts of emissions escaping
from the site. Mine fires can also be the cause of
hazardous subsidence in some areas.
Subsidence
Subsidence is a major threat
to the safety of people here, and is very visible,
especially in the vicinity of Old Route 61 as seen in Figure
9.

Figure 9. Subsidence
evident at Old Route 61.
In 1981, a boy ventured near a
hole that was opening in the ground as a result of
subsidence. He fell into the hole and was eventually
rescued by his cousin (Couch 2000). Such an incident
as this is a major hazard of subsidence. Mine
Subsidence Insurance may be available for homeowners living
in areas where mines are either in operation or have been
abandoned. This is not included in funds for
reclamation, but the application is provided on the site.
Mine subsidence is defined by the DEP as movements of the
ground surface as a result of the collapse or failure of
underground mine workings. There are different kinds
of subsidence, the most common being sinkhole subsidence
which occurs in areas overlying underground mines which are
close to the surface. Another kind of subsidence that
results from mining is called trough subsidence. This
occurs when the overburden sags downward due to the failure
of mine pillars resulting in a large, shallow depression on
the ground in an elliptical or circular shape.
Horizontal ground movements may also be associated with this
type of subsidence. Insurance will cover any property
damage caused by subsidence of the ground due to mine
cave-ins, fires and other hazards (Mine Subsidence
Insurance, DEP). If the building has not sustained
earlier damage from mine subsidence it is possible for a
homeowner to receive monetary aid from the Mine Subsidence
Insurance Fund. In 1966 a law was passed declaring
that in the bituminous underground coal mining area
operators were liable for mine subsidence damage to
dwellings and structures. This law was amended in
1994. However, as the people of Centralia do not
really own the property they are living on, as the
government has repossessed it, it is doubtful they are
eligible for any mine insurance. Also the risk of
damage that may be caused by mine subsidence and the mine
fire are so high in that area that coverage would be
impossible for the people to secure. They have chosen
to live in such a high-risk area and therefor have moved to
the nuisance and assumed all risks brought by it.
Other Sites of Mine Fires
Mine fires are not unique to
Centralia, but are found throughout the state, country, and
even the world. The oldest known continuously burning
underground mine fire is in New South Wales, Australia. They
think the fire started when lightning struck an outcrop of
coal near the surface of the ground. This fire has been
burning for over 2,000 years (Times News Online 1999).
Around the world underground
mine fires rage. Some countries turn to the US for
help in dealing with them. A prime example of this is
Steve Jones of the DEP, who has recently had the primary
task to field train Indonesian mining personnel in mine fire
characterization, control and extinguishment techniques.
While on assignment in Kalimantan (formerly Borneo), he
supervised the exploratory drilling of two fires near the
towns of Balikpapan and Samarinda and the extinguishment of
five fires near Samarinda. The fires were threatening the
stability of the only road serving Balikpapan, Samarinda and
Bontang.
Two of the fires also
threatened the stability and safety of nearby homes, a
mosque and an elementary school. The fire near the
elementary school was visited by Governor Suwarna of the
Province of East Kalimantan. (DEP 2000) Other fires
rage in China, however these are far to deep and extensive
to put out (Jones 2000).
Even throughout the US mine
fires are not uncommon. Some examples include:
Consolidation Coal Company's Loveridge No. 22 Mine, Miracle
Run Portal located in West Virginia (underground coal), that
began in June 22,1999; Oxbow Mining Incorporated's Sanborn
Creek Mine, located near Somerset, Colorado (Underground
Coal) began January 26, 1999; and on Wednesday, November 25,
1998 at approximately 6:20 PM, a mine fire occurred at the
Cyprus Plateau Mining Corporation's Willow Creek Mine, which
is located near Price, Utah. The accident occurred
near the longwall tailgate area during normal coal
production. No injuries resulted from the incident,
however, several longwall crew members were knocked down by
the ensuing rush of air. An orange colored flame was
observed in the gob that appeared to move toward the face
area and then back into the gob. (MSHA 2000)
At this time, 45 underground
mine fires are burning in the state of Pennsylvania.
Fires that occurred within the state include: Fayette County
is home to the Percy Mine fire which has been burning for
over thirty years (Glover 1998). There is a possible
mine fire burning in Archabald, PA near the Valley View High
School. A brush fire has ignited the underground root
system of the trees. The ground is smoldering and it looks
like the center of the brush fire was an old stripping.
A fire has just been discovered burning in a culm bank near
Wayne Street in Carbondale, PA. OSM people are on scene and
a trench is being dug by heavy equipment around the fire.
This fire has been burning off of Dundaff Street in
Carbondale since before the 1960's. In the 60's people
got sick from the carbon monoxide gas and I believe one
person died. Close to 600 families had to move out of the
neighborhood over the years because of this fire. It
is still burning and the site being worked by heavy
equipment. Also in Carbondale, PA this fire is thought
to be out. It was starting in culm banks at the former
Powderly Colliery. This site has been dug up and
watered down and no sign of fire has been detected for about
two years. The fire may have spread to underground
coal seams and evidence of it may not be visible. A
mine fire has been detected in the Borough of Beaver Brook
near Hazleton. The mine fire started when garbage dumped in
a stripping pit was set on fire. Officials from the
Office of Surface Mining called in heavy equipment to try to
dig up the fire. It is not known at this time if the
fire has spread to coal seams (PA Mine Fire Facts 2000).
Letcher County is home to another mine fire, one that
started over 20 years ago, but many local reports trace it
back to the 1920s. This spring, the federal Office of
Surface Mining hired workers who spent more than four months
and $140,000 to keep the fire from spreading below one
family's cemetery. They succeeded, but couldn't completely
stop the slow-burning fire. (Williams 2000)
Mine Remediation
Mine Reclamation
Mine reclamation was not even considered at the time
Centralia mining industry went under. The mines and
shafts were simply abandoned by the mining companies.
This is why the town was able to use one of the shafts as a
dump, which inevitably resulted in the mine fire we have
today.
Because of situations like this, as well as acid mine
drainage and other problems caused by abandoned mines, the
Bureau of Mining and Reclamation has been founded. The
Bureau is under the States Department of Environmental
Protection and is housed in the Rachel Carson Office
Building in Harrisburg, Pa.
They are in charge of the Growing Greener Grants, which
provide money to clean up acid mine drainage, restore
watersheds, preserve farmland and open spaces as well as for
the maintenance of State Parks and the provision of new and
upgraded water and sewage treatment facilities.
Reclaim Pa, a program that maximizes the reclamation of
Pennsylvania’s mines also falls under their responsibility.
Mine Subsidence Insurance is provided on their website, as
they are responsible for providing help and information on
this topic. The Act 54 Report is a report on current
mining impacts on streams, buildings and other areas.
They are also responsible for resolving mine fires, mine
subsidence, high walls and other hazards that have resulted
from past mining practices, and for abating and treating
acid mine drainage (DEP).
The Growing Greener Grants are issued by the federal
government and provides $650 million dollars for the next
five years to clean up abandoned mines, restore watersheds,
preserve farmland and protect open spaces as well as
maintain State Parks and provide new and upgraded water and
sewage systems. As one may guess, the money is
stretched thinly over these diverse areas. However,
the restoration on abandoned mines can be tied into the
other areas that the grant provides funding for.
Also, in restoring the mines one can increase the number of
open spaces, as trees and grasses will be the first species
to take over the land. Eventually one can even promote
farming by allowing farmers to graze their cattle on the
slopes of the reclaimed mines. Also, reduction in the
acidity of the water flowing into a reservoir will decrease
the amount of treatment it will have to undergo to remove
minerals and other toxins released from the mine. This
will decrease the work the water treatment facility will
have to do, decreasing the cost to run it and freeing up
funding for other areas.
Reclamation Pa is designed to deal with the millions of
acres of abandoned mines that exist in Pennsylvania.
It is the collective term for the concepts the DEP has
developed to make abandoned mine reclamation more efficient
and easier. It includes legislative, policy, and
management initiatives that have been designed to enhance
mine reclamation efforts of operators, volunteers and the
DEP. The organization has four objectives, which are
listed below.
1)
To encourage private
and public participation in the reclamation effort.
2)
To improve
communication between reclamation partners, thus improving
the efficiency of the act.
3)
Increase reclamation by
reducing the remaining risks
4)
Maximize funding for
reclamation by expanding existing sources and exploring new
ones (Mineral Resources Webmaster, 2000)
Pennsylvania’s actual
comprehensive plan for abandoned mine reclamation was issued
June of 1997 and revised in June of 1998. Governor Tom
Ridge and Secretary Jim Seif are credited with its creation.
The Comprehensive plan includes all of those acts mentioned
above. The purpose of the plan was to establish a
framework for organization. Coordination is needed
between the different organizations involved in the
reclamation effort and areas had to be designated for
funding according to their importance. For some reason
Centralia is not included in that list of important mine
fires that received funding. The plan is meant to be
used as a guide or framework for the organization of the
reclamation funding for the entire state of Pennsylvania.
All groups are meant to comply with the plan and take part
in it. The goals of the plan are listed below:
1.
To focus expenditures
for the reclamation abandoned mine lands on maximizing
benefits.
2.
To develop partnerships
involving local citizens, local government and other groups
that promote abandoned mine reclamation.
3.
To develop long-term
funding sources that would allow for long-term planning and
long-term funding commitments.
4.
To encourage the
development and use of innovative technologies that reduces
the cost of reclamation.
5.
To develop an aerial
approach to reclamation planning that will result in
reclamation and rehabilitation of an entire geographical
area.
6.
To coordinate the
activities of the Abandoned Mine Land program with the Mine
Regulatory program so that active mine operators are
encouraged to re-mine and reclaim where possible.
7.
To insure that property
owners who allow the use of their lands for long-term
treatment of abandoned mine drainage are not subject to
personal or environmental liabilities because of the
projects. (Ridge, Tom 1998).
There are also a series of
guidelines for the awarding of Abandoned Mine Reclamation
Grants were established in May of 1996 by the Commonwealth
of Pennsylvania Department of Environmental Protection’s
Bureau of Abandoned Mine Reclamation. Grants must meet
certain qualifications in order to be approved. They
must have an approved rehabilitation plan and be submitted
by a municipality, a municipal authority, such as the town
mayor, or an incorporated nonprofit organization. The
grant may not be used for the administrative costs encored
during the reclamation project. It can and should be
used for project development, design, construction and other
directly related expenses. In a hydraulic area, the
biology of the stream must also be improved through the
completion of the project in order for the plan to receive
funding (Bureau of Abandoned Mine Reclamation Grants).
Once these criteria are met the application for the grant
may be submitted and the necessary fund may be appropriated
for the completion of the project.
Mine Subsidence Insurance may
be available for homeowners living in areas where mines are
either in operation or have been abandoned. This is
not included in funds for reclamation, but the application
is provided on the site. Mine subsidence is defined by
the DEP as movements of the ground surface as a result of
the collapse or failure of underground mine workings.
There are different kinds of subsidence, the most common
being sinkhole subsidence which occurs in areas overlying
underground mines which are close to the surface, see Figure
10.

Figure 10. Sinkhole
subsidence (DEP, Mine Subsidence, 2000).
Another kind of subsidence
that results from mining is called trough subsidence.
This occurs when the overburden sags downward due to the
failure of mine pillars resulting in a large, shallow
depression on the ground in an elliptical or circular shape.
Horizontal ground movements may also be associated with this
type of subsidence. See Figure 11 for a diagram of
mine subsidence.

Figure 11. Diagram of
mine subsidence (DEP, Mine Subsidence, 2000).
Insurance will cover any
property damage caused by subsidence of the ground due to
mine cave-ins, fires and other hazards (Mine Subsidence
Insurance, DEP). If the building has not sustained
earlier damage from mine subsidence it is possible for a
homeowner to receive monetary aid from the Mine Subsidence
Insurance Fund. In 1966 a law was passed declaring that in
the bituminous underground coal mining area operators were
liable for mine subsidence damage to dwellings and
structures. This law was amended in 1994.
However, as the people of Centralia do not really own the
property they are living on, as the government has
repossessed it, it is doubtful they are eligible for any
mine insurance. Also the risk of damage that may be
caused by mine subsidence and the mine fire are so high in
that area that coverage would be impossible for the people
to secure. They have chosen to live in such a
high-risk area and therefor have moved to the nuisance and
assumed all risks brought by it.
Background of Mineral Rights
According to West's, a mineral right is an interest in
minerals in the land, with or without ownership of the
surface. It also includes the right to take minerals
from the land or to receive a royalty. This term
covers possession interests, entrance rights, and
occupation. Such rights can be sold or leased, and can
exist with stipulations on certain permissions.
(Volume 7, 1998) C.J.S. goes further in its definition
to include that it is the right of those occupying the land
to work it, which entailed deep excavations or open
workings. It put in its definition that the rights
include whatever was necessary to beneficial enjoyment, such
as the right to dig, or construct slopes or entries. It also
includes the right to some or all of the minerals present,
depending on specifications. The locator of the
minerals can lay claim to a new discovery or can claim those
mineral that have for some reason been forfeited or
abandoned. The locator can also include an agent who
makes a claim on behalf of someone else, or could be a group
of people rather than just an individual. Although not
specified as a requirement in statues, minerals are usually
discovered before a location is claimed. Date of
discovery is the most important aspect and in case of
dispute, it is what is used for settlement. If someone
enters a land that appears to be vacant, they then have
exclusive rights to any discovery they make there.
However, this last part is not applicable in the case of the
government and persons claiming under it. Relocation
was defined as the appropriation of mining ground that has
been forfeited or abandoned. For this claim to hold,
the lands must not be public and the prior rights of the
original locator have for some reason been terminated.
(Volume 58, 1992) However, when referring to location
of the mine, the term "mining title" is used.
Generally, it can be said that if one owns the surface, then
they in turn own all mines and minerals that might occur
below it. Minerals held within the ground are
considered property and covered under those rights, and once
they are mined, they are considered personal property.
Coals mining regulatory statues, especially surface and
reclamation, have been covered by the individual state.
These have been upheld as constitutional, and are usually
constructed in such a way that they are consistent with the
federal acts and regulations. Certain statutes exist
that give authoritative bodies certain powers, such as the
prevention of waste. However, these powers are limited
by state statues and must coincide with individual's rights.
Also, mine owners have the same responsibilities as property
owners when it comes to personal injury incurred in their
mine area. They are to be held responsible if damage
to water quality, flooding of the land or mine, or removal
of the lateral supports should occur. However, if the
mineral rights are severed from surface rights, then the
mine owners could be considered exempt from liability.
(C.J.S. Vol. 58, 1992)
Mineral
Rights In Centralia
According to the May 1, 1995 Commonwealth
Court of Pennsylvania decision Borough of Centralia v.
The Commonwealth of Pennsylvania, et. al., a 1951
resolution “provided for subsurface areas to be purchased by
Coates Coal Company, which in turn would convey all but two
of those areas to Centralia and the Centralia School
District. The resolution received necessary court
approval in the School District of Centralia Borough”.
Fourteen years later, the Centralia School District conveyed
its ownership interest in the subsurface areas to Centralia
(658 A.2d 840, 1995).
In this same court case, Centralia appeals the previous
Columbia Court of Common Pleas decision that said the
Commonwealth of Pennsylvania did not engage in “de facto”
taking of the coal under the Borough by condemnation.
The Commonwealth Court affirms this decision, saying that
“No party has presently restricted Centralia’s right to
mine. There is no allegation that Centralia cannot now
mine the subsurface areas it owns because surface areas will
be taken and residents will be relocated. Nor can it
be established at this point that Centralia will cease to
exist or will be definitely prevented from mining it in the
future” (658 A. 2d 840, 1995). However, the decision
becomes complex as in a previous paragraph the Court states
that Centralia’s mineral rights would be “transferred to the
township
in which Centralia is located upon any annulment of
Centralia’s character” (658 A. 2d 840, 1995). It is
thus our understanding that Centralia may lose its coal
rights if the Borough of Centralia goes defunct – that is,
if everyone moves out.
SURFACE MINING CONTROL AND
RECLAMATION ACT OF 1977 (SMCRA)
The Surface Mining Control and Reclamation
Act of 1977 (SMCRA) “states a need for balance between
protection of the environment and agricultural productivity
and the nation’s need for coal as an essential source of
energy” (AGRIPEDIA, 2000). According to ACRIPEDIA,
Congress finds and declares in this act that:
¨
Prime farmland cannot
be mined unless it can be restored to an equivalent or
higher level of yield.
¨
Land must be returned
to the approximate original contour and land must be
restored to a condition capable of supporting the pre-mining
land use or a higher or better use.
¨
Variances give
permission to vary, with justification, from the letter of
the law or regulation. Example: Permitted if
post-mining use would improve the watershed.
¨
Each state is to assume
authority for the program. They must establish a
mechanism for declaring lands unsuitable for mining if their
reclamation is not technologically or economically feasible,
contrary to local land use plans, or if the mining affects
fragile or historic lands.
¨
An “orphan lands” fund
is created. Orphan lands are those lands that were
mined in the past and improperly reclaimed (All bulleted
information from AGRIPEDIA, 2000).
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