The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act 13—The act of February 14, 2012 (P. L. 87, No. 13).

At-risk industry sector—Industry sectors defined by the Department of Labor and Industry as having experienced a 20% or more decline in Statewide employment between March 2002 and March 2011 and additional industry sectors that the Department determines, in consultation with the Department of Labor and Industry, to show evidence of economic decline.

Commercial establishment—A place including the rooms, buildings and interior or exterior places where commodities or services are exchanged, bought or sold.

Commercial site—The location of a commercial establishment.

Department—The Department of Transportation of the Commonwealth.

Develop—The processes associated with conventional and unconventional oil and gas development.

Extract—The processes associated with gathering or removal of minerals, wind and other natural resources from the air, surface or subsurface, including, but not limited to, coal, stone, water and related site preparation, construction and onsite stockpiling.

Harvest—The processes associated with the cutting, gathering, stacking or removal of timber and other similar natural resources for future use, whether cultivated or wild, including, but not limited to, site excavation, grading and construction activities.

Industry sector—A sector included in the North American Industry Classification System.

Natural resource—

1. (i) Material from nature having potential economic value including, but not limited to, timber, minerals, oil, gas, wind and water.

2. (ii) The term does not include trees grown specifically for use in landscaping or as Christmas trees, or food crops, animals or animal products intended for human or animal consumption such as corn, wheat and milk.

   Permanent coal reprocessing or preparation plant—

3. (i) One or more permanent facilities located adjacently on a single roadway where coal is delivered directly from the natural resource extraction site and is subjected to chemical or physical processing or cleaning, concentrating, or other processing or preparation. Stockpile or storage facilities located on the same posted highway as the processing facility may be included.

4. (ii) The term does not include ancillary facilities located separately from the initial processing facility site or at the coal extraction site.

   Permanent forest product processing mill—

5. (i) One or more permanent facilities located adjacently on a single roadway where logs, pulpwood, wood chips or other forest products are delivered directly from the natural resource harvest site to undergo processing. Processing includes bark removal, sawing, resawing, slicing, chipping, pelletizing, edging, trimming, planing or machining.
6. (ii) The term includes log stockpile facilities.

7. (iii) The term does not include log landing sites or portable sawmills unless the portable sawmill has become permanently affixed to the real estate.

   Unconventional oil and gas development—

8. (i) The activities associated with unconventional oil or gas well construction including site preparation and reclamation, drilling, completion and pipeline construction on oil and gas gathering pipelines, not including transmission and distribution pipelines.
9. (ii) The term shall be read consistently with ‘‘unconventional formation’’ and ‘‘unconventional gas well’’ as defined in Act 13.
10. (iii) The terms ‘‘gathering,’’ ‘‘transmission’’ and ‘‘distribution pipelines’’ shall be read consistently with the definitions of those terms in the Federal pipeline safety regulations of the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration in 49 CFR 192.3 (relating to definitions).

Authority

The provisions of this § 190.2 amended under section 7 of the act of February 14, 2012 (P. L. 87, No. 13), the act of November 25, 2013 (P. L. 974, No. 89) and the Vehicle Code, 75 Pa.C.S. § § 4902 and 6103.

Source

The provisions of this § 190.2 amended December 4, 2015, effective December 5, 2015, 45 Pa.B. 6886. Immediately preceding text appears at serial pages (361459) to (361460).