PRINTER'S NO. 2388
No. 1932 Session of 1995
INTRODUCED BY GODSHALL, BELARDI, FARGO, FAIRCHILD, TIGUE,
ARGALL, MELIO, LEVDANSKY, PETTIT, TRELLO, SAYLOR, WAUGH,
COLAFELLA, STABACK, SATHER, YOUNGBLOOD, HALUSKA, MERRY,
RUBLEY, DeLUCA AND SURRA, JUNE 29, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 29, 1995
AN ACT
1 Amending the act of October 18, 1988 (P.L.756, No.108), entitled
2 "An act providing for the cleanup of hazardous waste sites;
3 providing further powers and duties of the Department of
4 Environmental Resources and the Environmental Quality Board;
5 providing for response and investigations for liability and
6 cost recovery; establishing the Hazardous Sites Cleanup Fund;
7 providing for certain fees and for enforcement, remedies and
8 penalties; and repealing certain provisions relating to the
9 rate of the capital stock franchise tax," further providing
10 for host municipality incentives and guarantees.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 304(b) of the act of October 18, 1988
14 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, is
15 amended to read:
16 Section 304. Host municipality incentives and guarantees.
17 * * *
18 (b) Inspection of facilities.--
19 (1) The department shall establish and conduct a
20 training program to certify host municipality inspectors for
1 commercial hazardous waste storage, treatment or disposal
2 facilities. No more than two persons from each host
3 municipality shall be eligible for the program. Each host
4 municipality shall inform the department, in writing, of the
5 persons it has designated to participate in the training
6 program. The department shall hold training sessions at least
7 twice a year. The department shall certify host municipality
8 inspectors upon completion of the training program and
9 satisfactory performance in an examination administered by
10 the department.
11 (2) Certified municipal inspectors shall be authorized
12 to enter property, inspect records, take samples and conduct
13 inspections. Certified municipal inspectors may not issue
14 orders. Upon the completion of an inspection, certified
15 municipal inspectors shall transmit all findings from the
16 inspection to the department. The department shall notify
17 certified municipal inspectors of regular inspections of
18 permitted facilities within their jurisdiction and shall
19 provide opportunity for the inspectors to accompany
20 department inspectors on inspections.
21 (3) The department shall reimburse the host
22 municipalities for 50% of the approved cost of employing
23 certified host municipality inspectors for a period not to
24 exceed [five] ten years.
25 (4) The department shall promptly inspect a facility
26 when a host municipality presents information to the
27 department which gives the department reason to believe that
28 a commercial hazardous waste storage, treatment or disposal
29 facility is in violation of any requirement of The Clean
30 Streams Law, the Air Pollution Control Act, the Dam Safety
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1 and Encroachments Act, the Solid Waste Management Act or this
2 act; a regulation promulgated under these statutes; or the
3 condition of a permit issued under these statutes.
4 (i) The department shall notify the host
5 municipality of this inspection and shall permit a
6 certified municipal inspector from the host municipality
7 to accompany the department inspector during the
8 inspection.
9 (ii) When the department determines that there is
10 not sufficient information to give the department reason
11 to believe that a violation is occurring or has occurred,
12 the department shall provide a written explanation to the
13 host municipality of its decision not to conduct an
14 inspection within 30 days of the request for inspection.
15 (iii) Host municipalities may appeal the
16 department's decision not to conduct a requested
17 inspection to the Environmental Hearing Board. When the
18 Environmental Hearing Board determines that failure to
19 perform a requested inspection may be detrimental to
20 public health and safety, it shall order the department
21 to perform the requested inspection.
22 * * *
23 Section 2. This act shall take effect in 60 days.
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