PRIOR PRINTER'S NO. 1630 PRINTER'S NO. 2941
No. 1395 Session of 1987
INTRODUCED BY MICHLOVIC, GEORGE, MANDERINO, LEVDANSKY, FREEMAN,
ARGALL, RYBAK, KUKOVICH, HUGHES, TRELLO, PISTELLA, SHOWERS,
LASHINGER, FOX, RITTER, MELIO, ARTY, LUCYK, RAYMOND, HAYDEN,
JOSEPHS AND BELARDI, MAY 26, 1987
AS AMENDED, COMMITTEE ON CONSERVATION, HOUSE OF REPRESENTATIVES,
MARCH 14, 1988
AN ACT
1 Amending the act of October 15, 1980 (P.L.950, No.164), entitled <--
2 "A supplement to the act of April 9, 1929 (P.L.177, No.175),
3 entitled 'An act providing for and reorganizing the conduct
4 of the executive and administrative work of the Commonwealth
5 by the Executive Department thereof and the administrative
6 departments, boards, commissions, and officers thereof,
7 including the boards of trustees of State Normal Schools, or
8 Teachers Colleges; abolishing, creating, reorganizing or
9 authorizing the reorganization of certain administrative
10 departments, boards, and commissions; defining the powers and
11 duties of the Governor and other executive and administrative
12 officers, and of the several administrative departments,
13 boards, commissions, and officers; fixing the salaries of the
14 Governor, Lieutenant Governor, and certain other executive
15 and administrative officers; providing for the appointment of
16 certain administrative officers, and of all deputies and
17 other assistants and employes in certain departments, boards,
18 and commissions; and prescribing the manner in which the
19 number and compensation of the deputies and all other
20 assistants and employes of certain departments, boards and
21 commissions shall be determined,' implementing the addition
22 of section 4.1 to Article IV of the Constitution of
23 Pennsylvania; establishing the Office of Attorney General
24 elected by the citizens and setting forth powers and duties
25 of the Attorney General; creating an Office of General
26 Counsel and providing for legal services for Commonwealth
27 agencies; transferring, reorganizing or reconstituting
28 certain boards, commissions and agencies; placing certain
29 duties upon the courts and district attorneys; repealing
30 certain acts and parts of acts and making appropriations,"
31 providing for a Protector General to enforce the
1 environmental laws of this Commonwealth; providing for his
2 powers and duties; and making an appropriation.
3 The General Assembly hereby finds that:
4 (1) Adequate law enforcement under this Commonwealth's
5 police power statutes has been grossly deficient.
6 (2) Effective enforcement of such statutes is absolutely
7 material for the protection of the public health, safety and
8 welfare and for the vindication of the rights of all
9 Pennsylvanians pursuant to section 27 of Article I of the
10 Constitution of Pennsylvania.
11 (3) Deficient and ineffective enforcement of such
12 statutes has created numerous immediate threats to the public
13 health, safety and welfare and a state of public health
14 emergency in this Commonwealth.
15 AMENDING THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), ENTITLED <--
16 "AN ACT PROVIDING FOR AND REORGANIZING THE CONDUCT OF THE
17 EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE
18 EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE
19 DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,
20 INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR
21 TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR
22 AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE
23 DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND
24 DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE
25 OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,
26 BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE
27 GOVERNOR, LIEUTENANT GOVERNOR, AND CERTAIN OTHER EXECUTIVE
28 AND ADMINISTRATIVE OFFICERS; PROVIDING FOR THE APPOINTMENT OF
29 CERTAIN ADMINISTRATIVE OFFICERS, AND OF ALL DEPUTIES AND
30 OTHER ASSISTANTS AND EMPLOYES IN CERTAIN DEPARTMENTS, BOARDS,
19870H1395B2941 - 2 -
1 AND COMMISSIONS; AND PRESCRIBING THE MANNER IN WHICH THE
2 NUMBER AND COMPENSATION OF THE DEPUTIES AND ALL OTHER
3 ASSISTANTS AND EMPLOYES OF CERTAIN DEPARTMENTS, BOARDS AND
4 COMMISSIONS SHALL BE DETERMINED," FURTHER PROVIDING FOR
5 ENFORCEMENT AND FOR THE RESOLUTION OF CERTAIN COMPLAINTS;
6 MAKING A REPEAL; AND MAKING AN APPROPRIATION.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 204 of the act of October 15, 1980 <--
10 (P.L.950, No.164), known as the Commonwealth Attorneys Act, is
11 amended by adding a subsection to read:
12 Section 204. Legal advice and civil matters.
13 * * *
14 (c.1) Environmental protection.--Any other provision of law
15 to the contrary notwithstanding, the Protector General of the
16 Department of Environmental Resources shall represent the
17 Commonwealth with respect to all litigation pursuant to such
18 statutes as the Department of Environmental Resources is charged
19 to enforce, subject to the right of the Attorney General to
20 intervene in behalf of the Commonwealth as the interests of
21 justice may indicate. The Protector General shall, after
22 investigation and upon his own motion, initiate such prosecution
23 or enforcement action under the environmental protection
24 statutes of this Commonwealth as he deems appropriate.
25 * * *
26 Section 2. The act is amended by adding a section to read:
27 Section 404. Protector General for the Department of
28 Environmental Resources.
29 (a) Establishment; powers and duties.--There is hereby
30 established in the Department of Environmental Resources the
19870H1395B2941 - 3 -
1 Office of Protector General. The Office of Protector General
2 shall be an autonomous and independent office and shall not be
3 subject to the jurisdiction or supervision of any other person
4 or office. The powers and duties of the Office of Protector
5 General shall be to enforce vigorously and effectively all laws
6 of this Commonwealth pertaining to environmental protection and
7 to provide such other services to the Department of
8 Environmental Resources as specified in this chapter to the
9 extent not inconsistent with this section. The Protector General
10 shall refer any evidence of criminal offenses to the Attorney
11 General.
12 (b) Appointment.--The Protector General shall be appointed
13 by the Governor upon the advice and consent of the Senate, to
14 serve a fixed term of five years.
15 (c) Removal.--The Protector General shall not be removed
16 from office during his term except by resignation or by reason
17 of his conviction of misbehavior in office or of any infamous
18 crime.
19 (d) Compensation.--The compensation of the Protector General
20 shall be $55,000 per annum and shall not be diminished during
21 the term of office.
22 (e) Deputies and assistants.--The Protector General shall
23 appoint such deputy and assistant protectors general as he deems
24 appropriate, and such deputy and assistant protectors general
25 shall serve at the sole pleasure of the Protector General.
26 (f) Investigations.-- The Protector General shall appoint
27 such investigators and such other staff as he deems appropriate
28 to carry out the investigative duties of his office and these
29 investigators shall serve at the sole pleasure of the Protector
30 General. Investigators, upon the order of the Protector General,
19870H1395B2941 - 4 -
1 shall immediately initiate an investigation whenever the
2 Protector General is presented with information which gives him
3 reason to believe that the Department of Environmental Resources
4 has failed to take appropriate action on any violation of any
5 requirement of the environmental statutes of this Commonwealth
6 or of the United States or any condition of any permit issued
7 under those acts or any order of the department.
8 (g) Environmental Strike Force.--
9 (1) The Protector General shall appoint an Environmental
10 Strike Force consisting of such attorneys and such other
11 staff as he deems appropriate to carry out the enforcement
12 and litigative duties of his office and these appointees
13 shall serve at the sole pleasure of the Protector General.
14 The Environmental Strike Force, upon the order of the
15 Protector General, shall:
16 (i) Immediately initiate such prosecution or
17 enforcement action under the environmental protection
18 statutes of this Commonwealth.
19 (ii) Immediately initiate a vigorous investigation
20 to determine the source of hazardous wastes contained in
21 abandoned hazardous waste sites which may pose an eminent
22 danger to public health and the environment.
23 (iii) Upon the determination by the Protector
24 General that a responsible party, as defined in
25 subsection (h), has been identified pursuant to
26 subparagraph (ii), immediately initiate litigation
27 against such responsible party to recover the cost of the
28 remediation of an abandoned hazardous waste site. All
29 money collected by the Protector General pursuant to this
30 subparagraph shall be deposited into the Hazardous Waste
19870H1395B2941 - 5 -
1 Abandoned Site Cleanup and Compensation Fund provided for
2 in Article VII-A of the act of July 7, 1980 (P.L.380,
3 No.97), known as the "Solid Waste Management Act."
4 (2) There is hereby established an Interagency
5 Environmental Task Force, the purpose of which is to advise
6 and assist the Environmental Strike Force in the performance
7 of its duties and to ensure that the proper environmental
8 laws are enforced in a coordinated effect. The Protector
9 General shall serve as the chairman of the Interagency
10 Environmental Task Force. The Interagency Environmental Task
11 Force shall consist of one representative from each of the
12 following Commonwealth departments and agencies, to be
13 appointed by the chief executive officer of the department or
14 agency:
15 (i) The Department of Environmental Resources.
16 (ii) The Department of Health.
17 (iii) The Department of Labor and Industry.
18 (iv) The Pennsylvania State Police.
19 (v) The Fish Commission.
20 (vi) The Pennsylvania Emergency Management Agency.
21 (vii) The Office of Attorney General.
22 (viii) Any other Commonwealth departments or
23 agencies deemed appropriate by the Protector General.
24 (h) Responsible party litigation.--For the purpose of
25 carrying out the Protector General's responsibilities pursuant
26 to subsection (g), the term "responsible party" shall have the
27 following meaning:
28 (1) Responsibility.--Any person who causes or threatens
29 to cause pollution, as defined in the Solid Waste Management
30 Act, from an active or abandoned hazardous waste site is
19870H1395B2941 - 6 -
1 responsible for such pollution if such person:
2 (i) Owned or operated the site:
3 (A) when the hazardous waste was placed or came
4 to be located in or on the site;
5 (B) when the hazardous waste was located in or
6 on the site, but before the pollution occurred; or
7 (C) during the time the pollution occurred or
8 was threatened to occur.
9 (ii) Generated, owned or possessed the hazardous
10 waste and arranged by contract, agreement or otherwise
11 for the disposal, storage, treatment or transport for
12 disposal, storage or treatment of the hazardous waste.
13 (iii) Generated, owned or possessed the hazardous
14 waste and arranged for the unlawful disposal, storage,
15 treatment or transport for disposal, storage or treatment
16 of the hazardous waste.
17 (iv) Accepted any hazardous waste for transport to
18 disposal or treatment facilities, incineration vessels or
19 sites selected by such person from which pollution occurs
20 or is threatened to occur which causes the incurrence of
21 remediation costs.
22 (2) Owners.--An owner of real property is responsible
23 for the occurrence of pollution or the threatened occurrence
24 of pollution from a hazardous waste site in or on such
25 property unless the owner can demonstrate that all of the
26 following are true:
27 (i) The owner acquired the real property on which
28 the hazardous waste site is located after the disposal or
29 placement of the hazardous waste on, in or at the
30 hazardous waste site.
19870H1395B2941 - 7 -
1 (ii) The owner has exercised due care with respect
2 to such hazardous waste, taking into consideration the
3 characteristics of such hazardous waste, in light of all
4 relevant facts and circumstances.
5 (iii) The owner took precautions against foreseeable
6 acts or omissions of any third party and the consequences
7 that could foreseeably result from such acts or
8 omissions.
9 (iv) If the owner obtained actual knowledge of the
10 occurrence of pollution or the threatened occurrence of
11 pollution of hazardous waste at the hazardous waste site
12 when the owner was in possession of the real property,
13 the owner did not subsequently transfer ownership of the
14 real property to another person without disclosing such
15 knowledge.
16 (v) The owner has not, by act or omission, caused or
17 contributed to the occurrence of pollution or the
18 threatened occurrence of pollution of the hazardous waste
19 which is the subject of the remedial action relating to
20 the hazardous waste site.
21 (vi) The owner meets one of these requirements:
22 (A) at the time the owner acquired the real
23 property, he did not know and had no reason to know
24 that any hazardous waste which is the subject of the
25 occurrence of the pollution or the threatened
26 occurrence of pollution, was disposed of on, in or at
27 the hazardous waste site. For the purposes of this
28 requirement, the owner must have undertaken, at the
29 time of acquisition, all appropriate inquiry into the
30 previous ownership and uses of the property
19870H1395B2941 - 8 -
1 consistent with good commercial or customary practice
2 in an effort to minimize liability. The trier of fact
3 take into account any specialized knowledge or
4 experience on the part of the owner, the relationship
5 of the purchase price to the value of the property if
6 unpolluted, commonly known or reasonably
7 ascertainable information about the property, the
8 obviousness of the presence or likely presence of
9 pollution at the property, and the ability to detect
10 such pollution by appropriate inspection;
11 (B) the owner is a government entity which
12 acquired the property by escheat, or through any
13 other involuntary transfer or acquisition, or through
14 the exercise of eminent domain authority by purchase
15 or condemnation; or
16 (C) the owner acquired the property by
17 inheritance or bequest.
18 (vii) The only basis of liability for the owner is
19 ownership of the land.
20 (3) Employees and employers.--When a person who is
21 responsible for the occurrence of pollution or the threatened
22 occurrence of pollution, as provided for in paragraph (1), is
23 an employee who is acting in the scope of his employment:
24 (i) The employee is subject to liability under this
25 section only if his conduct with respect to the hazardous
26 waste was negligent under circumstances in which he knew
27 that the waste was hazardous and that his conduct, if
28 negligent, could result in serious harm to the
29 environment or public health and safety.
30 (ii) His employer shall be considered responsible
19870H1395B2941 - 9 -
1 for the occurrence of pollution or the threatened
2 occurrence of pollution and is subject to liability under
3 this section regardless of the degree of care exercised
4 by his employee.
5 (i) Scope of liability.--
6 (1) General rule.--Any person who is responsible for the
7 occurrence of pollution or the threatened occurrence of
8 pollution pursuant to subsection (h) shall be strictly
9 liable, jointly or severally, for all costs related to such
10 occurrence of pollution or threatened occurrence of
11 pollution, including, but not limited to, the following
12 costs:
13 (i) all reasonable and necessary costs of removal or
14 remedial action incurred by the Commonwealth, a political
15 subdivision of the Commonwealth or the Federal
16 Government;
17 (ii) any other reasonable and necessary costs of
18 abatement incurred by any other person;
19 (iii) damages for injury to, destruction of or loss
20 of natural resources within this Commonwealth, or
21 belonging to, managed by, controlled by or appertaining
22 to the Commonwealth, the United States or a political
23 subdivision of the Commonwealth, including the reasonable
24 costs of assessing such injury, destruction or loss
25 resulting from such occurrence of pollution or threatened
26 occurrence of pollution; and
27 (iv) the costs of any health assessment or health
28 effects study and the costs of any medical expenses
29 incurred proximately resulting from the occurrence of
30 pollution or the threatened occurrence of pollution.
19870H1395B2941 - 10 -
1 (2) Contractor liability.--Any person or company who has
2 entered into a contract with the department to assist the
3 department in the abatement of pollution shall not be held
4 liable pursuant to this act for any occurrence of pollution
5 arising out of performance of the contract, as long as the
6 occurrence of pollution is not caused by the contractor's
7 negligence.
8 (3) Commonwealth employee liability.--Persons employed
9 by the Commonwealth shall not be held liable for any
10 occurrence of pollution, or any other damages incurred, as a
11 result of actions or omissions occurring when acting in their
12 official capacity.
13 (j) Defenses to liability.--
14 (1) General rule.--There shall be no liability under
15 subsections (h) and (i) for a person otherwise liable who can
16 establish by clear and convincing evidence that the
17 occurrence of pollution or the threatened occurrence of
18 pollution and the damages resulting therefrom were caused
19 solely by one or more of the following:
20 (i) An act of God.
21 (ii) An act of war.
22 (iii) An act or omission of a third party other than
23 an employee or agent of the responsible person, if the
24 responsible person establishes by clear and convincing
25 evidence that:
26 (A) he exercised due care with respect to the
27 hazardous waste concerned, taking into consideration
28 the characteristics of such hazardous waste, in light
29 of all relevant facts and circumstances; and
30 (B) he took precautions against foreseeable acts
19870H1395B2941 - 11 -
1 or omissions of any such third party and the
2 consequences that could foreseeably result from such
3 acts or omissions.
4 (2) Rendering care or advice.--Except as provided in
5 paragraph (3), no person shall be liable under this act for
6 costs or damages as a result of actions taken or omitted in
7 the course of rendering care, assistance or advice in
8 accordance with the act of July 7, 1980 (P.L.380, No.97),
9 known as the Solid Waste Management Act, or at the direction
10 of the department with respect to an incident creating a
11 danger to public health or welfare or the environment as a
12 result of any occurrence of pollution or the threat thereof.
13 This paragraph shall not preclude liability for costs or
14 damages as the result of negligence on the part of such
15 person.
16 (3) State agencies and local governments.--No State
17 agency or local government shall be liable under this act for
18 costs or damages as a result of actions taken by such State
19 agency or local government in response to the occurrence of
20 pollution or the threat thereof generated by or from a
21 hazardous waste site owned by another person. This paragraph
22 shall not preclude liability for costs or damages as a result
23 of gross negligence or intentional misconduct by the State
24 agency or local government. For the purpose of the preceding
25 sentence, reckless, willful or wanton misconduct shall
26 constitute gross negligence.
27 (4) Burden of proof for defenses.--Any person claiming a
28 defense provided in this section has the burden to prove all
29 elements of the defense by clear and convincing evidence.
30 (k) Action by Protector General.--In the event any suit,
19870H1395B2941 - 12 -
1 petition, complaint or appeal relevant to the permitting of
2 waste management operations is filed, the Protector General
3 shall review such suit, petition, complaint or appeal and render
4 a final decision within 60 days of its filing.
5 (l) Permit delays.--If a person seeking a permit relating to
6 solid waste believes that the permitting process is being
7 unreasonably delayed, he shall be entitled to appeal to the
8 Protector General who shall be required to render all decisions
9 relevant to the appeal within 60 days of its filing.
10 (m) Transfer of personnel, appropriations, records,
11 equipment, etc.--All personnel, allocations, equipment, files,
12 records, contracts, agreements, obligations and other materials
13 which are used, employed or expended in connection with the
14 powers, duties or functions transferred by this act to the
15 Office of Protector General are hereby transferred to the Office
16 of the Protector General with the same force and effect as if
17 the appropriations had been made to and said items had been the
18 property of the Office of Protector General in the first
19 instance and as if said contracts, agreements and obligations
20 had been incurred or entered into by said Office of the
21 Protector General.
22 (n) Compensation of employees.--The secretarial, clerical
23 and other employees of the Protector General and their
24 successors whose positions on the effective date of this section
25 are under the classified service provisions of the act of August
26 5, 1941 (P.L.752, No.286), known as the "Civil Service Act,"
27 shall continue under such provisions. The compensation of all
28 other persons appointed shall be determined by the Protector
29 General and shall be consistent with the standards established
30 by the Executive Board.
19870H1395B2941 - 13 -
1 (o) Funding.--
2 (1) The costs of all activities of the Office of
3 Protector General shall be appropriated from the General
4 Fund.
5 (2) Annually, at the time and in accord with the
6 procedures otherwise established by law for the General Fund,
7 the Protector General shall submit a proposed budget for the
8 operation of the office. Such proposed budget shall be
9 submitted to the Governor and the General Assembly for
10 consideration in accordance with the procedures for
11 appropriations from the General Fund as provided in sections
12 610 through 620 of the act of April 9, 1929 (P.L.177,
13 No.175), known as "The Administrative Code of 1929." It shall
14 be unlawful for the State Treasurer to honor any requisition
15 for the expenditure of any moneys out of the General Fund by
16 the Protector General for any purpose in excess of the
17 amounts appropriated by the General Assembly.
18 (3) Moneys appropriated from the General Fund shall be
19 paid out of the fund upon warrant of the State Treasurer
20 drawn after requisition by the Protector General.
21 (p) Initial nominee.--The Governor shall, within 30 days
22 from the date of final enactment of this section, submit to the
23 Senate his nomination for the Protector General. In the event
24 that the Governor so fails to do, the Attorney General shall
25 appoint an acting Protector General until such time as the
26 Governor submits his nominee and such nominee is confirmed to
27 office by the Senate.
28 Section 3. Funding.
29 (a) Appropriation.--The sum of $2,000,000, or as much
30 thereof as may be necessary, is hereby appropriated to the
19870H1395B2941 - 14 -
1 Department of Environmental Resources for the Office of the
2 Protector General for the fiscal year July 1, 1987, to June 30,
3 1988, to carry out the provisions of this act. This
4 appropriation shall be a separate line item from any other State
5 or Federal appropriation to the Department of Environmental
6 Resources.
7 (b) State fund transfer.--In addition to the sum
8 appropriated in subsection (a), any unexpended State fund
9 allocation for the Office of General Counsel from the Department
10 of Environmental Resources' General Government Operations 1987-
11 1988 State line item shall be transferred to the State line item
12 in subsection (a).
13 (c) Federal fund transfer.--Any unexpended Federal fund
14 allocations for the Office of General Counsel from the
15 Department of Environmental Resources' General Government
16 Operations 1987-1988 Federal augmentation line items shall be
17 transferred to appropriate Federal line items for the Office of
18 Protector General which are hereby established.
19 Section 4. Application of certain provisions.
20 The provisions of sections 204(c.1) and 404 of the act of
21 October 15, 1980 (P.L.950, No.164), known as the Commonwealth
22 Attorneys Act, relating to the powers and duties of the
23 Protector General and the transfer of personnel, appropriations,
24 records and equipment, shall apply on the date upon which the
25 Senate confirms the initial nominee of the Governor, or the date
26 upon which the Attorney General appoints an acting Protector
27 General as described in section 404(l), whichever occurs first.
28 Section 5. Effective date.
29 This act shall take effect in 60 days.
30 SECTION 1. THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), KNOWN <--
19870H1395B2941 - 15 -
1 AS THE ADMINISTRATIVE CODE OF 1929, IS AMENDED BY ADDING
2 SECTIONS TO READ:
3 SECTION 1930-A. ENFORCEMENT.--(A) THE OFFICE OF CHIEF
4 COUNSEL SHALL HAVE THE POWER AND ITS DUTY SHALL BE TO PROVIDE
5 LEGAL SERVICES AS MAY BE NECESSARY OR APPROPRIATE FOR THE
6 EFFECTIVE ADMINISTRATION AND ENFORCEMENT OF THE ENVIRONMENTAL
7 LAWS OF THIS COMMONWEALTH.
8 (B) THE OFFICE OF CHIEF COUNSEL SHALL INCLUDE THE BUREAU OF
9 PROTECTOR GENERAL WHICH SHALL BE EMPOWERED TO INVESTIGATE
10 VIOLATIONS OF THE STATUTES ADMINISTERED BY THE DEPARTMENT, TO
11 INSTITUTE RESPONSIBLE PARTY LITIGATION AND OTHER ACTIONS UNDER
12 THE ACT OF (P.L. , NO. ), KNOWN AS THE HAZARDOUS SITES
13 CLEANUP ACT, AND THE FEDERAL SUPERFUND ACT (PUBLIC LAW 96-510,
14 94 STAT. 2767) AND TO INITIATE OTHER APPROPRIATE ENFORCEMENT
15 ACTIONS. THE BUREAU OF PROTECTOR GENERAL SHALL INCLUDE THE
16 ENVIRONMENTAL INVESTIGATION SECTION, WHICH SHALL CONSIST OF
17 INVESTIGATORS AND AUDITORS TO ASSIST THE DEPARTMENT IN MATTERS
18 IN LITIGATION OR LIKELY TO RESULT IN ENFORCEMENT ACTIONS.
19 (C) IN ADDITION TO ANY OTHER REMEDIES PROVIDED FOR THE
20 ENFORCEMENT OF THE STATUTES ADMINISTERED BY THE DEPARTMENT, THE
21 DEPARTMENT SHALL HAVE THE AUTHORITY TO DENY ANY APPLICATION FOR
22 A PERMIT OR LICENSE, OR REVOKE ANY PERMIT OR LICENSE ISSUED
23 UNDER THOSE STATUTES, OF ANY PERSON WHO IS IN VIOLATION OF AN
24 ORDER ISSUED BY THE DEPARTMENT.
25 (D) IN ADDITION TO THE REMEDIES PROVIDED FOR THE ENFORCEMENT
26 OF THE STATUTES ADMINISTERED BY THE DEPARTMENT, THE DEPARTMENT
27 MAY ISSUE ORDERS REQUIRING THE CORRECTION OF ANY CONDITION
28 HARMFUL TO THE PUBLIC OR THE ENVIRONMENT WHICH RESULTS FROM
29 ACTIVITIES REGULATED BY THOSE STATUTES. THIS AUTHORITY SHALL
30 INCLUDE ORDERS FOR THE REPLACEMENT OF PUBLIC OR PRIVATE WATER
19870H1395B2941 - 16 -
1 SUPPLIES WHICH HAVE BEEN DIMINISHED OR CONTAMINATED BY THE
2 REGULATED ACTIVITY.
3 (E) UNLESS A LARGER PENALTY IS PROVIDED, A PERSON WHO
4 VIOLATES ANY STATUTE ADMINISTERED BY THE DEPARTMENT SHALL BE
5 SUBJECT TO A CIVIL PENALTY OF UP TO TEN THOUSAND DOLLARS
6 ($10,000) A DAY FOR EACH DAY THE VIOLATION CONTINUES. IN SEEKING
7 ANY CIVIL PENALTY, THE DEPARTMENT MAY EITHER ASSESS THE PENALTY
8 OR INCLUDE IT AS A COUNT IN ANY COURT PROCEEDING. WHEN A PENALTY
9 IS ASSESSED, IT SHALL BE FINAL UNLESS APPEALED TO THE
10 ENVIRONMENTAL HEARING BOARD. A FINAL ASSESSMENT MAY BE FILED
11 WITH THE PROTHONOTARY IN ANY COUNTY IN WHICH THE PERSON ASSESSED
12 HAS REAL OR PERSONAL PROPERTY. UPON FILING, THE ASSESSMENT SHALL
13 CONSTITUTE A LIEN UPON THAT PROPERTY. A FINAL ASSESSMENT MAY BE
14 COLLECTED IN ANY MANNER AUTHORIZED BY LAW FOR THE COLLECTION OF
15 DEBTS.
16 (F) DEPARTMENT INSPECTORS AND OFFICIALS SHALL HAVE THE
17 AUTHORITY TO INITIATE PROSECUTIONS, INCLUDING THE ISSUANCE OF
18 CRIMINAL CITATIONS, UNDER ANY ENVIRONMENTAL LAW WHICH
19 ESTABLISHES CRIMINAL PENALTIES FOR VIOLATIONS.
20 (G) THE DEPARTMENT MAY PROMULGATE RULES AND REGULATIONS TO
21 IMPLEMENT ANY STATUTE ADMINISTERED BY THE DEPARTMENT.
22 SECTION 1931-A. ENVIRONMENTAL OMBUDSMAN.--THE DEPARTMENT
23 SHALL ESTABLISH THE POSITION OF OMBUDSMAN WHO SHALL SERVE AS A
24 SINGLE POINT OF CONTACT WHERE ANY PERSON CAN TAKE A GRIEVANCE,
25 COMPLAINT OR PROBLEM AND RECEIVE AN OBJECTIVE REVIEW AND
26 RESOLUTION. THIS PERSON SHALL ALSO HAVE THE RESPONSIBILITY OF
27 ASSISTING THE GENERAL PUBLIC, THE REGULATED COMMUNITY AND
28 CITIZENS GROUPS WITH COMPLAINTS AND PROBLEMS AS WELL AS
29 PROVIDING ASSISTANCE TO THE PUBLIC AT LARGE BY CLOSING GAPS IN
30 INFORMATION. THE INDIVIDUAL SHALL OPERATE AND MAINTAIN A
19870H1395B2941 - 17 -
1 CENTRALIZED COMPLAINT RESOLUTION AND DISPOSITION PROCESS FOR THE
2 DEPARTMENT.
3 SECTION 2. IN ADDITION TO ANY OTHER APPROPRIATIONS FOR THIS
4 PURPOSE, THE SUM OF $1,000,000 IS HEREBY APPROPRIATED TO THE
5 DEPARTMENT OF ENVIRONMENTAL RESOURCES FOR THE FISCAL YEAR JULY
6 1, 1987, TO JUNE 30, 1988, TO CARRY OUT THE ENFORCEMENT
7 FUNCTIONS OF THIS ACT. THESE FUNDS ARE FOR THE PURPOSE OF
8 AUGMENTING THE ENFORCEMENT CAPABILITY OF THE DEPARTMENT, AND
9 SHALL BE APPORTIONED AS FOLLOWS:
10 (1) OFFICE OF CHIEF COUNSEL $800,000
11 (2) ENVIRONMENTAL HEARING BOARD $200,000
12 SECTION 3. THE APPROPRIATION TO THE PROTECTOR GENERAL IN THE
13 DEPARTMENT OF ENVIRONMENTAL RESOURCES IN SECTION 213 OF THE ACT
14 OF JULY 3, 1987 (P.L.459, NO.9A), KNOWN AS THE GENERAL
15 APPROPRIATION ACT OF 1987, IS REPEALED.
16 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
E22L71CHF/19870H1395B2941 - 18 -