PRINTER'S NO. 261

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 -