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No 1990-133, SB 867, Signed into law Nov. 21, 1990
Prohibiting certain conduct with respect to caves; and imposing penalties.
Section 1. Short title.
This act shall be cited as the Cave Protection Act.
Section 2. Legislative findings and policy.
The General Assembly finds that caves are uncommon geologic phenomena and
that the minerals deposited therein may be rare and occur in unique forms
of great beauty which are irreplaceable if destroyed. Also irreplaceable
are the archeological resources in caves which are of great scientific
and historic value. It is further found that the organisms which live in
caves are unusual and limited in numbers, that many are rare and endangered
species and that caves are a natural conduit for groundwater flow and are
highly subject to water pollution, thus having far-reaching effects transcending
man's property boundaries. It is therefore declared to be the policy of
the General Assembly and the intent of this act to protect these unique
natural and cultural resources.
Section 3. Definitions.
The following words and phrases when used in this act have the meanings
given to them in this section unless the context clearly indicates otherwise:
"Cave." Any naturally occurring void, cavity, recess or system of interconnecting
passages beneath the surface of the earth or within a cliff or ledge, including,
but not limited to, natural subsurface water and drainage systems, whether
or not it has a natural entrance. The term does not include any mine, tunnel,
aqueduct or other manmade excavation. The term includes, or is sysonymous
with, cavern, sinkhole, natural pit, grotto and rock shelter.
"Cave life." Any life form which normally occurs in, uses, visits or
inhabits any cave or subterranean water system, excepting those animals
and species covered by any of the game laws of this Commonwealth.
"Commercial cave." Any cave utilized by the owner for the purposes of
exhibition to the general public wherein a fee is collected for entry.
"Gate." Any structure or device located to limit or prohibit access
or entry to any cave.
"Material." All or any part of any archeological, paleontological, biological
or historical item or artifact, including, but not limited to, any petroglyph,
pictograph, basketry, human remains, tools, beads, pottery, projectile
point or remains of historical mining activity or any other occupation,
found in a cave.
"Owner." A person who owns title to the land where the cave is located,
including a person who owns title to a leasehold estate in such land, and
specifically including the Commonwealth and any of its agencies, departments,
boards, bureaus, commissions or authorities, as well as counties, municipalities
and other political subdivisions of the Commonwealth.
"Person." An individual, partnership, firm, association, trust, corporation
or other legal entity.
"Police officer." An individual authorized by law to make arrests for
violations of the criminal law of this Commonwealth.
"Sinkhole." A closed topographic depression or basin, generally draining
underground, including, but not restricted to, a doline, uvala, blind valley
or sink.
"Speleogen." The surrounding natural material or bedrock in which a
cave is formed, including clastic sediments, walls, floors and ceilings
and similar related structural and geological components.
"Speleothem." A natural mineral formation or deposit occurring in a
cave. The term includes, or is synonymous with, stalagmite, stalactite,
helectite [sic], shield, anthodite, gypsum flower and needle, angel's hair,
soda straw, drapery, bacon, cave pearl, popcorn (coral), rimstone dam,
column, palette, flowstone and other similar mineral formations which occur
in caves. Speleothems are commonly composed of calcite, epsomite, gypsum,
aragonite, celestrite and other similar minerals.
Section 4. Enforcement.
Police officers employed in this Commonwealth shall enforce the provisions
of this act.
Section 5. Violations.
It shall be unlawful for any person, without the expressed written permission
of the landowner, to:
(1) Willfully or knowingly break, break off, crack, carve upon, write,
burn, mark upon, remove or in any manner destroy, disturb, mar or harm
surfaces of any cave or any natural material which may be found therein,
whether attached or broken, including speleothems, speleogens and sedimentary
deposits.
(2) Break, force, tamper with or otherwise disturb a lock, gate, door
or other obstruction designed to control or prevent access to any cave,
even though entrance thereto may not be gained.
(3) Remove, deface or tamper with a sign stating that a cave is posted
or citing provisions of this act.
(4) Store, dump, litter, dispose of or otherwise place any refuse, garbage,
dead animal, sewage or toxic substance harmful to cave life or humans in
any cave or sinkhole.
(5) Burn within any cave or sinkhole any material which produces any
smoke or gas which is harmful to any organism in the cave. This paragraph
shall specifically exempt acetylene gas emmisions created by carbide lamps
used as a source of light by persons using the cave.
(6) Kill, injure, disturb or otherwise interfere with any cave life,
including any cave roosting bat, or interfere with or obstruct the free
movement of any cave life into or out of any cave, or enter any cave with
the intention of killing, injuring, disturbing or interfering with life
forms therein, except where public health may be threatened.
(7) Remove, deface, tamper with or otherwise disturb any natural or
cultural resources or material found within any cave.
(8) Disturb or alter in any way the natural condition of any cave.
Section 6. Penalties.
(a) Summary offense. -- A person who violates any provisions of this act
commits a summary offense punisable by a fine of not less than $100 and
more than $1,000 and, in default of the payment of such fine, to undergo
imprisonment for not more than 30 days.
(b) Public nuisance. -- Unlawful conduct as described by section 5 shall
also constitute a public nuisance.
Section 7. Other remedies.
(a) Jurisdiction. -- In addition to any other remedies provided in this
act upon relation of any district attorney of any county affected or upon
relation of the solicitor of any county or municipality affected, an action
in equity may be brought in any court of competent jurisdiction for an
injunction to restrain any and all violations of this act or to restrain
a public nuisance.
(b) Concurrent remedies. -- The penaltities prescribed by this act shall
be deemed concurrent, and the existence of or exercise of any remedy shall
not prevent the Department of Environmental Resources from exercising any
other remedy hereunder, at law or in equity.
Section 8. Effective date.
This act shall take effect in 60 days.
APPROVED-- The 21st day of November, A.D. 1990.
Robert P. Casey
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