PRINTER'S NO. 1116
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
852
Session of
2017
INTRODUCED BY GREENLEAF, AUGUST 29, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, AUGUST 29, 2017
AN ACT
Amending the act of October 18, 1988 (P.L.756, No.108), entitled
"An act providing for the cleanup of hazardous waste sites;
providing further powers and duties of the Department of
Environmental Resources and the Environmental Quality Board;
providing for response and investigations for liability and
cost recovery; establishing the Hazardous Sites Cleanup Fund;
providing for certain fees and for enforcement, remedies and
penalties; and repealing certain provisions relating to the
rate of the capital stock franchise tax," in preliminary
provisions, further providing for definitions and providing
for Governor may declare disaster emergency; in powers and
duties, further providing for powers and duties of
department; and, in liability and settlement procedures,
further providing for responsible person.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "hazardous substance" in
section 103 of the act of October 18, 1988 (P.L.756, No.108),
known as the Hazardous Sites Cleanup Act, is amended and the
section is amended by adding a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
* * *
"Hazardous substance."
(1) Any element, compound or material which is:
(i) Designated as a hazardous waste under the act of
July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act, and the regulations promulgated thereto.
(ii) Defined or designated as a hazardous substance
pursuant to the Federal Superfund Act.
(iii) Contaminated with a hazardous substance to the
degree that its release or threatened release poses a
substantial threat to the public health and safety or the
environment as determined by the department.
(iv) Determined to be substantially harmful to
public health and safety or the environment based on a
standardized and uniformly applied department testing
procedure and listed in regulations proposed by the
department and promulgated by the Environmental Quality
Board.
(v) A polyfluoroalkyl substance or perfluorinated
chemical, including, but not limited to, perfluorooctane
sulfonate (PFOS) and perfluorooctanoic acid (PFOA).
(1.1) A chemical substance or chemical compound not
included under paragraph (1) that:
(i) the department determines to be the equivalent
of a compound under paragraph (1) in accordance with
section 301(16.1); or
(ii) is designated by executive order of the
Governor as a chemical substance or chemical compound
that poses a threat to public health and safety or the
environment.
20170SB0852PN1116 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The term does not include petroleum or petroleum
products, including crude oil or any fraction thereof, which
are not otherwise specifically listed or designated as a
hazardous substance under paragraph (1); natural gas, natural
gas liquids, liquified natural gas or synthetic gas usable
for fuel or mixtures of natural gas and synthetic gas usable
for fuel; or an element, substance, compound or mixture from
a coal mining operation under the jurisdiction of the
department or from a site eligible for funding under Title IV
of the Surface Mining Control and Reclamation Act of 1977
(Public Law 95-87, 30 U.S.C. ยง 1201 et seq.). The term shall
also not include the following wastes generated primarily
from the combustion of coal or other fossil fuels for the
production of electricity: slag waste; flue gas emission
control waste; and fly ash waste and bottom ash waste which
is disposed of or beneficially used in accordance with the
Solid Waste Management Act and the regulations promulgated
thereto or which has been disposed of under a valid permit
issued pursuant to any other environmental statute.
* * *
"Special drinking water resource-impacted community." A
municipality whose surface or groundwater resources used for
public drinking water supply purposes have been impaired by
emerging contaminants, methane or other gases or catastrophic
releases of pollutants to such water resources for which
treatment or alternative water supply development or procurement
is required on an emergency basis to protect public health and
safety.
* * *
Section 2. The act is amended by adding a section to read:
20170SB0852PN1116 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 105. Governor may declare disaster emergency.
(a) General rule.--The Governor shall have emergency
authority in accordance with 35 Pa.C.S. ยง 7301 (relating to
general authority of Governor) to declare any municipality a
special drinking water resource-impacted community based on the
discovery of a release or threatened release of hazardous
substances, a polyfluoroalkyl substance or perfluorinated
chemical, including, but not limited to, perfluorooctane
sulfonate (PFOS) and perfluorooctanoic acid (PFOA), if PFOS and
PFOA are present in groundwater or surface water measured at or
above 15 parts per trillion, individually or in the aggregate,
or other pollutants in or to the municipality's public water
supply system.
(b) Special drinking water resource-impacted communities.--
The Governor may establish alternative or incident-specific
drinking water standards and cleanup standards for impaired
surface or groundwater resources in a special drinking water
resource-impacted community. Standards established in accordance
with this section shall take effect immediately upon
establishment by the Governor and remain in effect for 24 months
or until such time as the Governor has rescinded or amended the
standard, the emergency condition and public health threat has
been abated or, with respect to drinking water resources, either
a final rulemaking is published by the Environmental Quality
Board establishing a maximum contaminant level for the substance
under provisions of the act of May 1, 1984 (P.L.206, No.43),
known as the Pennsylvania Safe Drinking Water Act or a final
rulemaking is published by the Environmental Protection Agency
establishing a maximum contaminant level.
(c) Grants.--Special drinking water resource-impacted
20170SB0852PN1116 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
communities shall be eligible to receive PENNVEST grants of up
to $1,000,000 per impacted water supply source. The grants may
be used to provide treatment to impacted public water supplies,
extension of water lines, booster stations, pressure management
equipment, interconnection of private water users to public
water supply systems and analytical sampling and to procure
alternative water supply resources.
Section 3. Sections 301 and 701(b) of the act are amended by
adding paragraphs to read:
Section 301. Powers and duties of department.
The department has the following powers and duties:
* * *
(16.1) Within 12 months of the establishment of a
maximum contaminant level, health advisory level or
provisional health advisory level under the act of May 1,
1984 (P.L.206, No.43), known as the Pennsylvania Safe
Drinking Water Act, or a similar Federal law for any chemical
substance or chemical compound not included in the definition
of "hazardous substance," determine whether the chemical
compound or chemical substance should be designated by
regulation as a hazardous substance.
* * *
Section 701. Responsible person.
* * *
(b) Exceptions.--
* * *
(6) No municipality, municipal authority or other public
water supplier shall be a responsible person under this act
due to the presence of a polyfluoroalkyl substance or
perfluorinated chemical in wastewater treatment plant sludge,
20170SB0852PN1116 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
water supply treatment residuals, spent filter media or
similar facility operational wastes, where the presence of
the polyfluoroalkyl substance or perfluorinated chemical is
due to chemical characteristics of the entity's water supply
source or discharges into the wastewater treatment facility.
* * *
Section 4. This act shall take effect in 60 days.
20170SB0852PN1116 - 6 -
1
2
3
4
5
6
7