PRINTER'S NO. 443
No. 408 Session of 1987
INTRODUCED BY REBER, MORRIS, BUNT, HECKLER, REINARD, KUKOVICH,
DISTLER, ITKIN, SCHEETZ, VROON, RAYMOND, OLASZ, MICHLOVIC,
HAGARTY AND E. Z. TAYLOR, FEBRUARY 24, 1987
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 24, 1987
AN ACT
1 Providing for a ban on the distribution, sale and use of
2 halogenated hydrocarbon chemicals and aromatic hydrocarbon
3 chemicals as sewage system cleaners; requiring the disclosure
4 of the contents of sewage system cleaners covered by this
5 act; requiring the Department of Environmental Resources to
6 administer and enforce certain provisions; and imposing civil
7 and criminal penalties.
8 TABLE OF CONTENTS
9 Section 1. Short title.
10 Section 2. Legislative findings and purpose.
11 Section 3. Definitions.
12 Section 4. Powers and duties of department.
13 Section 5. Powers and duties of Environmental Quality Board.
14 Section 6. Prohibited acts.
15 Section 7. Enforcement orders.
16 Section 8. Public nuisance.
17 Section 9. Procedure and enforcement.
18 Section 10. Civil penalties.
19 Section 11. Criminal penalties.
20 Section 12. Fines and penalties collected.
1 Section 13. Savings provision.
2 Section 14. Severability.
3 Section 15. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Sewage System
8 Cleaner Control Act.
9 Section 2. Legislative findings and purpose.
10 (a) Findings.--It is hereby determined and declared as a
11 matter of legislative finding that halogenated hydrocarbon
12 chemicals and aromatic hydrocarbon chemicals used as sewage
13 system cleaners and additives are a significant and unnecessary
14 source of water pollution and groundwater contamination and
15 economic loss.
16 (b) Purpose.--It is the purpose of this act to:
17 (1) Eliminate the introduction of these toxic chemicals
18 into the surface and groundwaters of this Commonwealth.
19 (2) Prohibit the sale, distribution and use of sewage
20 system cleaners and additives that contain these toxic
21 chemicals.
22 (3) Require the disclosure of the contents of sewage
23 system cleaners or additives that are sold or distributed or
24 used in the Commonwealth.
25 Section 3. Definitions.
26 The following words and phrases when used in this act shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Alternate individual sewage system." Any individual sewage
30 system that was not, on the effective date of this act,
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1 recognized by rules, regulations and standards of the
2 department.
3 "Board." The Environmental Quality Board of the
4 Commonwealth.
5 "Community sewage system." Any system, whether publicly or
6 privately owned, for the collection of sewage or industrial
7 wastes of a liquid nature from two or more lots, and the
8 treatment or disposal of the sewage or industrial waste on one
9 or more of the lots or at any other site.
10 "Department." The Department of Environmental Resources of
11 the Commonwealth, and its authorized representatives.
12 "Individual sewage system." A system of piping, tanks or
13 other facilities serving a single lot and collecting and
14 disposing of sewage in whole or in part into the soil or into
15 any waters of this Commonwealth or by means of conveyance to
16 another site for final disposal.
17 "Person." Any individual, partnership, corporation,
18 association, institution, cooperative enterprise, municipal
19 authority, the Federal Government and its agencies, State
20 institutions and agencies (including, but not limited to, the
21 Department of General Services and the State Public School
22 Building Authority), including municipalities as defined in this
23 act or any other legal entity whatsoever which is recognized by
24 law as the subject of rights and duties. In any provision
25 prescribing a fine, imprisonment or penalty, or any combination
26 of the foregoing, the term "person" shall include the officers
27 and directors of any corporation or other legal entity having
28 officers and directors.
29 "Restricted chemical material." Any chemical material,
30 mixture or formulation which contains concentrations in excess
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1 of one part per hundred of any halogenated hydrocarbon chemical
2 aliphatic or aromatic, including, but not limited to,
3 trichloroethene, trichloroethane, tetrachloroethylene, methylene
4 chloride, halogenated benzenes, carbon tetrachloride, any
5 aromatic hydrocarbon chemical, including, but not limited to,
6 benzenes and toluene, but excluding perfumes and colors and any
7 biodegradable material. The term also includes any restricted
8 chemical material prohibited pursuant to the act by regulation
9 of the board.
10 "Sewage system." Any part of any community sewage system or
11 individual sewage system, including, but not limited to, all
12 toilets, piping, drains, sewers, septic tanks, distribution
13 boxes, absorption fields, seepage pits, cesspools and dry wells.
14 "Sewage system cleaner or additive." Any solid or liquid
15 material intended or used primarily for the purpose of cleaning,
16 treating or unclogging any part of a sewage system, but
17 excluding those products intended to scour, clean, treat,
18 deodorize or disinfect the surfaces of common fixtures (e.g.
19 sinks, tubs, toilets, etc.).
20 Section 4. Powers and duties of department.
21 The department shall have the power and its duty shall be to:
22 (1) Administer the sewage system cleaner control program
23 pursuant to the provisions of this act.
24 (2) Cooperate with appropriate Federal, State,
25 interstate and local units of government and with appropriate
26 private organizations in carrying out its duties under this
27 act.
28 (3) Report to the General Assembly, from time to time,
29 on further assistance that will be needed to administer the
30 sewage system cleaner control program.
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1 (4) Initiate, conduct and support research,
2 demonstration projects and investigations, and coordinate all
3 State agency research programs pertaining to this act.
4 (5) Regulate the distribution, sale, use, consumption of
5 restricted chemicals under this act.
6 (6) Enter into any premises, place, establishment or
7 building for the purpose of conducting inspections to
8 determine compliance with this act or rules, regulations and
9 standards issued under this act.
10 (7) Conduct any investigations necessary to determine
11 compliance with this act or rules, regulations and standards
12 issued under this act.
13 Section 5. Powers and duties of Environmental Quality Board.
14 (a) Adoption of regulations.--The board shall have the power
15 and duty to adopt rules and regulations to accomplish the
16 purposes of this act.
17 (b) Content of regulations.--The board may promulgate
18 regulations requiring manufacturers of sewage system cleaners or
19 additives distributed, sold or offered for sale, to furnish in a
20 form the board may prescribe, existing information regarding
21 these products including a certified list of chemical components
22 of products updated on an annual basis and the effects of these
23 products on the groundwaters or surface waters of this
24 Commonwealth.
25 (c) Additional harmful ingredients.--When the board finds,
26 after investigation by the department, that any ingredient in
27 addition to the restricted chemical or additive listed has been
28 distributed, sold, offered or exposed for sale in this
29 Commonwealth and that it will have an adverse effect on human
30 health or environment it shall, by regulation, prohibit or
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1 restrict sale, distribution, offer or exposure for sale or use
2 of sewage system additives containing the ingredient.
3 (d) Confidential information.--The board and the department
4 shall hold confidential any information obtained under
5 subsection (b) when shown by any manufacturer that the
6 information, if made public, would divulge competitive business
7 information, methods or processes entitled to protection as
8 trade secrets of such manufacturers.
9 (e) Investigation of restrictive chemical.--Whenever the
10 board finds, after investigation by the department, that any
11 restricted chemical material will not have any adverse effect on
12 human health or the environment when used as a sewage system
13 cleaner or additive it may authorize the use of the chemical
14 material in the products, notwithstanding any provisions of this
15 act to the contrary.
16 Section 6. Prohibited acts.
17 (a) Sales.--No person shall distribute, sell, offer or
18 expose for sale any sewage system cleaner or additive containing
19 any restricted chemical material.
20 (b) Use, introduction or application.--No person shall use,
21 introduce or apply or cause any other person to use, introduce
22 or apply in any sewage system, surface water or groundwaters,
23 any sewage cleaner or additive containing any restricted
24 chemical material.
25 (c) Sales restricted.--No person shall distribute, sell,
26 manufacture or offer or expose for sale any sewage system
27 cleaner or additive covered by this act unless a list of
28 components of the covered product has been provided to the
29 department. The lists must be updated annually at a time
30 designated by the board.
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1 Section 7. Enforcement orders.
2 The department may issue orders to persons, distributors,
3 manufacturers, dealers, retailers and consumers as may be
4 necessary to aid in the enforcement of this act. The orders may
5 include orders requiring cessation of the use, sale, manufacture
6 or distribution of any substance or chemical or product which is
7 in violation this act. An order issued under this act shall take
8 effect upon notice unless the order specifies otherwise. The
9 right of the department to issue an order shall be in addition
10 to any penalty that may be imposed under this act.
11 Section 8. Public nuisance.
12 Any violation of this act, rules and regulations promulgated
13 under this act or order of the department shall constitute a
14 public nuisance.
15 Section 9. Procedure and enforcement.
16 Any activity or condition declared by this act to be a
17 nuisance shall be abatable in the manner provided by law or
18 equity for the abatement of public nuisances. In addition, suits
19 to abate the nuisances or suits to restrain or prevent any
20 violation of this act may be instituted in equity or at law in
21 the name of the Commonwealth upon relation of the Attorney
22 General or upon relation of any district attorney of any county
23 affected, after notice has first been served upon the Attorney
24 General of the intention of the district attorney to so proceed.
25 The court may provide for payment of a civil penalty as
26 specified in section 10.
27 Section 10. Civil penalties.
28 Any person violating this act or the orders, rules,
29 regulations or standards thereunder may be assessed a civil
30 penalty by the department of not more than $25,000 per day for
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1 each violation. The penalty may be assessed whether or not the
2 violation was willful. In determining the amount of the civil
3 penalty, the department shall consider the willfulness, if any,
4 of the violation, damage or injury to the Commonwealth or its
5 citizens, cost of restoration and other relevant factors.
6 Violations on separate days shall be considered separate and
7 distinct offenses under this section. The person charged with
8 the penalty shall have 30 days to pay the proposed penalty in
9 full or, if the person wishes to contest either the amount of
10 the penalty or the fact of the violation, the person shall
11 within such 30-day period file an appeal of such action with the
12 board. Failure to appeal within 30 days shall result in a waiver
13 of all legal rights to contest the violation or the amount of
14 the penalty.
15 Section 11. Criminal penalties.
16 (a) Violations in general.--A person who violates this act
17 or the orders, rules, regulations or standards promulgated under
18 it commits a summary offense and shall, upon conviction, be
19 sentenced to pay a fine of not less than $100 and not more than
20 $1,000 and costs and, in default of the payment of the fine and
21 costs, undergo imprisonment for not more than 30 days.
22 (b) Willful violations.--A person who willfully violates
23 this act or any rule, regulation or order of the department
24 commits a misdemeanor of the third degree and shall, upon
25 conviction, be sentenced to pay a fine of not less than $1,000
26 but not more than $25,000 per day for each violation or to
27 imprisonment for a period of not more than one year, or both.
28 (c) Subsequent offense.--Any person who, within two years
29 after a conviction of a misdemeanor for any violation of this
30 act, violates any provision of this act, any rule or regulation
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1 of the department or any order of the department, commits a
2 misdemeanor of the second degree and, upon conviction, shall be
3 sentenced to pay a fine of not less than $2,500 nor more than
4 $50,000 for each violation or to imprisonment for a period of
5 not more than two years, or both.
6 (d) Separate offenses.--Violations of separate days shall be
7 considered separate and distinct offenses under subsections (a)
8 and (b).
9 Section 12. Fines and penalties collected.
10 All fines and penalties collected under the provisions of
11 this act shall be paid into the Clean Water Fund provided for in
12 the act of June 22, 1937 (P.L.1987, No.394), known as The Clean
13 Streams Law.
14 Section 13. Savings provision.
15 Nothing in this act shall be construed as estopping the
16 Commonwealth or any district attorney from proceeding in courts
17 of law or equity to abate pollutions forbidden under this law of
18 the Commonwealth or abate nuisances under existing law. Nothing
19 contained in this act shall in any way abridge or alter rights
20 of action or remedies now or hereafter existing in equity, or
21 under the common law or statutory law, criminal or civil, nor
22 shall any provisions of this act be construed as estopping the
23 Commonwealth, persons or municipalities in the exercise of their
24 rights under the common law or decisional law or in equity, from
25 proceedings in courts of law or equity to suppress nuisances or
26 to abate any pollution now or hereafter existing, or enforce
27 common law or statutory rights.
28 Section 14. Severability.
29 The provisions of this act are severable. If any provision of
30 this act or its application to any person or circumstance is
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1 held invalid, the invalidity shall not affect other provisions
2 or applications of this act which can be given effect without
3 the invalid provision or application.
4 Section 15. Effective date.
5 This act shall take effect in 180 days.
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