THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, YUDICHAK, TOMLINSON, HUGHES, LEACH, FERLO, COSTA, BOSCOLA AND FARNESE, FEBRUARY 27, 2012

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 27, 2012  

AN ACT

Requiring environmental remediation in industrial closures;

imposing functions on the Department of Community and

Economic Development and the Department of Environmental

Protection; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Industrial

Closure Environmental Remediation Act.

Section 2.  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:

"Closed industrial entity."  A person that is determined

under section 3(a) to meet the condition in either of the

following paragraphs:

(1)  Conducts an industrial activity employing more than

300 individuals and:

(i)  reduces its work force by at least 65%;

(ii)  idles or removes at least 65% of the equipment

or machinery on the site; or

(iii)  reduces the amount of square footage of

enclosed space being utilized in the industrial activity

by at least 65%.

(2)  Ceases to conduct an industrial activity and does

not, within six months, sell or transfer all of the real

property, equipment, buildings, docks and adjacent facilities

related to the industrial activity.

The term does not include a business entity regulated by the

Federal Energy Regulatory Commission.

"Contamination."  The presence of a hazardous substance or

contaminant regulated under any of the following:

(1)  The act of June 22, 1937 (P.L.1987, No.394), known

as The Clean Streams Law.

(2)  The act of January 8, 1960 (1959 P.L.2119, No.787),

known as the Air Pollution Control Act.

(3)  The act of July 7, 1980 (P.L.380, No.97), known as

the Solid Waste Management Act.

(4)  The act of July 13, 1988 (P.L.525, No.93), referred

to as the Infectious and Chemotherapeutic Waste Law.

(5)  The act of October 18, 1988 (P.L.756, No.108), known

as the Hazardous Sites Cleanup Act.

(6)  The act of July 6, 1989 (P.L.169, No.32), known as

the Storage Tank and Spill Prevention Act.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Industrial activity."  Commercial, manufacturing, refinery,

mining or any other activity to further the development,

manufacturing, refining or distribution of commodities or

services. The term includes:

(1)  intermediate and final products and solid waste

created during these activities;

(2)  administration of business activities;

(3)  research and development;

(4)  containment, warehousing, chipping, transport,

remanufacturing and stockpiling of raw or refined material;

and

(5)  storage, repair and maintenance of commercial

machinery or products, equipment or solid waste.

"Remediation."  Cleaning, mitigating, correcting, eliminating

controlling or preventing a release of contamination into the

environment.

"Site."  The extent of contamination originating within the

property boundaries and all areas in close proximity to the

contamination necessary for the implementation of remediation.

Section 3.  Determination and notice.

(a)  Determination.--The Department of Community and Economic

Development shall determine whether a person is a closed

industrial entity.

(b)  Notice.--Within 30 days of a determination under

subsection (a), the Department of Community and Economic

Development shall notify the department of the determination.

Section 4.  Department.

(a)  Report.-- Within 120 days of receiving notice under

section 3, the department shall complete a survey of all

violations of law and all contamination at the site of the

closed industrial entity and prepare a written report itemizing

all of the following:

(1)  Extent of the presence of contamination at the site.

(2)  List of statutory and regulatory violations by the

closed industrial entity.

(3)  List of activities to be undertaken by the closed

industrial entity necessary to conduct remediation to bring

the closed industrial entity into compliance with statutory

and regulatory provisions under paragraph (2).

(b)  Transmission.--Within 15 days of completion of the

report under subsection (a), the department shall transmit the

report to the closed industrial entity.

Section 5.  Duties of closed industrial entity.

Within one year of receipt of the report under section 4(b),

the closed industrial entity shall complete remediation required

under section 4(a)(3).

Section 6.  Compliance.

(a)  Monitoring.--The department shall monitor the activities

of the closed industrial entity required under section 4(a)(3).

(b)  Determination.--One year following the receipt of the

report under section 4(b), the department shall conduct a review

and issue an order setting forth all of the following:

(1)  Whether the closed industrial entity has completed

remediation required under section 4(a)(3).

(2)  Whether there are remaining activities necessary to

achieve remediation required under section 4(a)(3).

(3)  A determination of a penalty under section 7.

Section 7.  Administrative penalties.

(a)  Authority.--The department may impose the following

penalties:

(1)  Except as set forth in paragraph (2), a maximum of

$10,000 per day for failure to comply with section 4(a)(3).

(2)  If the department determines that the failure is

because the closed industrial activity has not acted in good

faith, up to $20,000 a day for failure to comply with the

provision of this act.

(b)  Administrative Agency Law.--A penalty under subsection

(a) is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice

and procedure of Commonwealth agencies) and Ch. 7 Subch. A

(relating to judicial review of Commonwealth agency action).

Section 30.  Effective date.

This act shall take effect in 60 days.