PRINTER'S NO. 261
No. 240 Session of 1987
INTRODUCED BY CESSAR AND LETTERMAN, FEBRUARY 9, 1987
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 9, 1987
AN ACT 1 Amending the act of June 22, 1937 (P.L.1987, No.394), entitled, 2 as amended, "An act to preserve and improve the purity of the 3 waters of the Commonwealth for the protection of public 4 health, animal and aquatic life, and for industrial 5 consumption, and recreation; empowering and directing the 6 creation of indebtedness or the issuing of non-debt revenue 7 bonds by political subdivisions to provide works to abate 8 pollution; providing protection of water supply and water 9 quality; providing for the jurisdiction of courts in the 10 enforcement thereof; providing additional remedies for 11 abating pollution of waters; imposing certain penalties; 12 repealing certain acts; regulating discharges of sewage and 13 industrial wastes; regulating the operation of mines and 14 regulating the impact of mining upon water quality, supply 15 and quantity; placing responsibilities upon landowners and 16 land occupiers and to maintain primary jurisdiction over 17 surface coal mining in Pennsylvania," further providing for 18 the applicability of the act. 19 The General Assembly of the Commonwealth of Pennsylvania 20 hereby enacts as follows: 21 Section 1. The definitions of "establishment" and 22 "industrial waste" in section 1 of the act of June 22, 1937 23 (P.L.1987, No.394), known as The Clean Streams Law, amended 24 October 10, 1980 (P.L.894, No.157), are amended to read: 25 Section 1. Definitions.--Be it enacted, &c., That the
1 following words or phrases, unless the context clearly indicates 2 otherwise, shall have the meanings ascribed to them in this 3 section. 4 * * * 5 "Establishment" shall be construed to include any industrial 6 establishment, mill, lawn care service facility, factory, 7 tannery, paper or pulp mill, garage, oil refinery, oil well, 8 boat, vessel, mine, coal colliery, breaker, coal processing 9 operations, dredging operations, except where the dredger holds 10 an unexpired and valid permit issued by the Pennsylvania Water 11 and Power Resources Board prior to the effective date of this 12 act, quarry, and each and every other industry or plant or 13 works. 14 "Industrial waste" shall be construed to mean any liquid, 15 gaseous, radioactive, solid or other substance, not sewage, 16 resulting from any manufacturing [or industry], industry or 17 commercial lawn care service, or from any establishment, as 18 herein defined, and mine drainage, refuse, silt, coal mine 19 solids, rock, debris, dirt and clay from coal mines, coal 20 collieries, breakers or other coal processing operations. 21 "Industrial waste" shall include all such substances whether or 22 not generally characterized as waste. 23 * * * 24 Section 2. Section 301 of the act, amended July 31, 1970 25 (P.L.653, No.222), is amended to read: 26 Section 301. Prohibition Against Discharge of Industrial 27 Wastes.--No person or municipality shall place or permit to be 28 placed, or discharged or permit to flow, or continue to 29 discharge or permit to flow, into any of the waters of the 30 Commonwealth any industrial wastes, including wastes or 19870H0240B0261 - 2 -
1 discharges from lawn care service truck tanks, accessory 2 equipment and hoses, except as hereinafter provided in this act. 3 For the purposes of this section, a discharge of industrial 4 wastes into this Commonwealth shall include the discharging, 5 cleaning or emptying of fluids from lawn care service truck 6 tanks, accessory equipment and hoses. 7 Section 3. This act shall take effect in 60 days. A13L32JS/19870H0240B0261 - 3 -