Subchapter J. ROYALTIES FOR
SAND AND GRAVEL PERMITS


Sec.


51.91.    Authority.
51.92.    Royalty rates.

Authority

   The provisions of this Subchapter J issued under section 503(c) of the Conservation and Natural Resources Act (71 P. S. §  1340.503(c)), unless otherwise noted.

Source

   The provisions of this Subchapter J adopted December 19, 1997, effective December 20, 1997, 27 Pa.B. 6570, unless otherwise noted.

§ 51.91. Authority.

 Under section 503(c) of the Conservation and Natural Resources Act (71 P. S. §  1340.503(c)), the Commission with the concurrence of the Department of Environmental Protection, is authorized to adjust the amount of royalty payments per ton or cubic yard of usable or merchantable, or both, sand or gravel, or both, extracted from Commonwealth waters.

§ 51.92. Royalty rates.

 Persons holding permits granting them nonexclusive rights and privileges of dredging, excavating, removing and carrying away merchantable sand and gravel under agreements between the permittees and the Department of Environmental Protection shall pay royalties in accordance with the following schedule:

   (1)  During the period, January 1 through December 31, 1998—15¢ per dry ton or 25¢ per cubic yard; or $1,000, whichever is greater.

   (2)  During the period, January 1, 1999 through June 30, 2000—20¢ per dry ton or 30¢ per cubic yard; or $1,000, whichever is greater.

   (3)  During the period, July 1, 2000 through December 31, 2001—25¢ per dry ton or 37.5¢ per cubic yard; or $1,000, whichever is greater.

   (4)  During the period, January 1, 2002 through December 31, 2002—30¢ per dry ton or 40¢ per cubic yard; or $1,000, whichever is greater.

   (5)  During the period, January 1, 2003 through December 31, 2010—30¢ per dry ton or 40¢ per cubic yard plus or minus an amount equal to the change in the producer price index (PPI) for sand and gravel from the base year (2002), provided that the rate per dry ton may not be less than 25¢.



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