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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SWANGER, BEAR, BEYER, BOYD, CLYMER, FLECK, GINGRICH, HARPER, KORTZ, MAJOR, MELIO, MURT, MUSTIO, SEIP, STERN, THOMAS AND VULAKOVICH, MARCH 3, 2009 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 3, 2009 |
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| AN ACT |
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1 | Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as |
2 | amended, "An act providing for the regulation of storage |
3 | tanks and tank facilities; imposing additional powers and |
4 | duties on the Department of Environmental Protection and the |
5 | Environmental Quality Board; and making an appropriation," |
6 | adding a definition; and further providing for Underground |
7 | Storage Tank Indemnification Fund, for Underground Storage |
8 | Tank Environmental Cleanup Program and for Underground |
9 | Storage Tank Pollution Prevention Program. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 103 of the act of July 6, 1989 (P.L.169, |
13 | No.32), known as the Storage Tank and Spill Prevention Act, is |
14 | amended by adding a definition to read: |
15 | Section 103. Definitions. |
16 | The following words and phrases when used in this act shall |
17 | have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | * * * |
20 | "Board." The Underground Storage Tank Indemnification Board |
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1 | established in section 703. |
2 | * * * |
3 | Section 2. Section 704(b) of the act is amended by adding a |
4 | paragraph to read: |
5 | Section 704. Underground Storage Tank Indemnification Fund. |
6 | * * * |
7 | (b) Limit of payments to owners or operators.-- |
8 | * * * |
9 | (5) (i) For any claim under this section where |
10 | eligibility was determined or payment was made prior to |
11 | December 13, 2001, the board may, in Fiscal Year |
12 | 2008-2009, award an additional amount of up to $500,000 |
13 | per occurrence to previously approved claimants who |
14 | reached the $1,000,000 payment limit in effect prior to |
15 | December 13, 2001. |
16 | (ii) The total of all awards made under this |
17 | paragraph shall not exceed $3,500,000. |
18 | * * * |
19 | Section 3. Sections 710(b.2) and 711(a) of the act, amended |
20 | June 30, 2007 (P.L.66, No.20), are amended to read: |
21 | Section 710. Underground Storage Tank Environmental Cleanup |
22 | Program. |
23 | * * * |
24 | (b.2) Additional allocation.-- |
25 | (1) No more than $500,000 of the annual allocation for |
26 | the Underground Storage Tank Environmental Cleanup Program |
27 | may be used for costs of corrective action to assist owners |
28 | of underground storage tanks with a capacity of 3,000 gallons |
29 | or less used for storing heating oil for consumption on the |
30 | premises where stored. Payments made for eligible releases |
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1 | shall be limited in amount to the actual costs of corrective |
2 | action or to $5,000, whichever is less. The amount allowed |
3 | shall be subject to a $1,000 deductible which shall be paid |
4 | first by the claimant. The board may promulgate regulations |
5 | to carry out the provisions of this subsection. |
6 | (2) This subsection shall expire June 30, 2010. On or |
7 | before that date, the board shall make a report to the |
8 | General Assembly with recommendations. |
9 | * * * |
10 | Section 711. Underground Storage Tank Pollution Prevention |
11 | Program. |
12 | (a) Establishment.--The board is hereby authorized to |
13 | establish an Underground Storage Tank Pollution Prevention |
14 | Program for the purpose of reimbursing eligible owners, as |
15 | defined in subsection (d), for the costs of removing regulated |
16 | substances from and sealing the fill pipes of underground |
17 | storage tanks [which have not been upgraded] to comply with the |
18 | technical requirements of Federal and State regulations. The |
19 | board shall establish guidelines for eligible expenses and |
20 | procedures for reimbursement from the Underground Storage Tank |
21 | Indemnification Fund. |
22 | * * * |
23 | Section 4. This act shall take effect in 60 days. |
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