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Environmental Good Samaritan Act

The Commonwealth does not possess sufficient resources to reclaim all abandoned mining and oil and gas lands and to abate all water pollution, therefore, the Commonwealth encourages reclamation by others. Landowners, citizens, watershed associations, environmental organizations and, governmental entities who do not have a legal responsibility to reclaim abandoned lands or abate water pollution are interested in addressing these problems. Potential liabilities for personal injury, property damage, water pollution, and the continued operation, maintenance or repair of water pollution abatement facilities can hamper these efforts. The Environmental Good Samaritan Act (EGSA) provides certain protections and immunities to landowners who propose reclamation projects.

The EGSA does not provide immunity for injury or damage resulting from acts or omissions which are reckless, grossly negligent or willful misconduct, other unlawful activities. Other exclusions apply. Notice of these projects is required.

For additional information, please see the following documents: