HOUSE AMENDED PRIOR PRINTER'S NOS. 287, 361, 470, PRINTER'S NO. 1405 555, 1327
No. 280 Session of 1989
INTRODUCED BY FISHER, MUSTO, REIBMAN, GREENWOOD, SHUMAKER, PECORA, PORTERFIELD, BELAN, MELLOW, WILT, LEMMOND, CORMAN, ANDREZESKI, LOEPER, SCANLON, JUBELIRER, SALVATORE, MADIGAN, SHAFFER, PETERSON, AFFLERBACH AND DAWIDA, JANUARY 24, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 1989
AN ACT 1 Providing for the regulation of storage tanks and tank <-- 2 facilities; imposing additional powers and duties on the 3 Department of Environmental Resources and the Environmental 4 Quality Board; and making appropriations. 5 TABLE OF CONTENTS 6 Chapter 1. General Provisions 7 Section 101. Short title. 8 Section 102. Legislative findings. 9 Section 103. Definitions. 10 Section 104. Construction. 11 Section 105. API. 12 Chapter 3. Storage Tank Protection Program 13 Section 301. Establishment of program. 14 Section 302. Aboveground storage tank permits. 15 Section 303. Small aboveground storage tanks. 16 Section 304. Underground storage tank permits.
1 Section 305. Operation under existing permits. 2 Section 306. Registration of aboveground and underground 3 storage tanks. 4 Section 307. Inspection of aboveground storage tanks. 5 Section 308. Inspection and inventory records of underground 6 storage tanks. 7 Section 309. Certification of storage tank installers and 8 private tank inspectors. 9 Section 310. Small operator assistance program for underground 10 storage tanks. 11 Section 311. Environmental Quality Board. 12 Section 312. Industry Technical Advisory Board. 13 Chapter 5. Spill Prevention Response Plan 14 Section 501. Submission of spill prevention response plan. 15 Section 502. Content of spill prevention response plan. 16 Section 503. Review of spill prevention response plan. 17 Section 504. Notification. 18 Chapter 7. Financial Provisions 19 Section 701. Financial responsibility. 20 Section 702. Storage Tank Fund. 21 Section 703. Underground Storage Tank Indemnification Board. 22 Section 704. Underground Storage Tank Indemnification Fund. 23 Section 705. Powers and duties of Underground Storage Tank 24 Indemnification Board. 25 Section 706. Eligibility of claimants. 26 Section 707. Audit. 27 Section 708. Sunset review. 28 Chapter 9. Siting of New Aboveground Storage Tank Facilities 29 Section 901. Siting of new aboveground storage tank facilities. 30 Section 902. Siting criteria for aboveground tank facilities. 19890S0280B1405 - 2 -
1 Chapter 11. Enforcement and Remedies 2 Section 1101. Unlawful conduct. 3 Section 1102. Enforcement orders. 4 Section 1103. Civil penalties. 5 Section 1104. Criminal penalties. 6 Section 1105. Production of materials; recordkeeping 7 requirements. 8 Section 1106. Collection of fines, fees, etc. 9 Section 1107. Public information. 10 Section 1108. Relationship to other laws. 11 Chapter 21. Miscellaneous Provisions 12 Section 2101. Appropriations. 13 Section 2102. Severability. 14 Section 2103. Repeals. 15 Section 2104. Effective date. 16 PROVIDING FOR THE REGULATION OF STORAGE TANKS AND TANK <-- 17 FACILITIES; IMPOSING ADDITIONAL POWERS AND DUTIES ON THE 18 DEPARTMENT OF ENVIRONMENTAL RESOURCES AND THE ENVIRONMENTAL 19 QUALITY BOARD; AND MAKING AN APPROPRIATION. 20 TABLE OF CONTENTS 21 CHAPTER 1. GENERAL PROVISIONS 22 SECTION 101. SHORT TITLE. 23 SECTION 102. LEGISLATIVE FINDINGS. 24 SECTION 103. DEFINITIONS. 25 SECTION 104. API. 26 SECTION 105. ADVISORY COMMITTEE. 27 SECTION 106. POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD. 28 SECTION 107. POWERS AND DUTIES OF DEPARTMENT. 29 SECTION 108. INTERIM CERTIFICATION OF INSTALLERS AND 30 INSPECTORS. 19890S0280B1405 - 3 -
1 SECTION 109. CONSTRUCTION. 2 CHAPTER 3. ABOVEGROUND STORAGE TANKS 3 SECTION 301. ABOVEGROUND STORAGE TANK REQUIREMENTS. 4 SECTION 302. INTERIM REQUIREMENTS. 5 SECTION 303. REGISTRATION. 6 SECTION 304. PERMITS AND PLANS. 7 CHAPTER 5. UNDERGROUND STORAGE TANKS 8 SECTION 501. UNDERGROUND STORAGE TANK REQUIREMENTS. 9 SECTION 502. INTERIM REQUIREMENTS AND DISCONTINUED USE. 10 SECTION 503. REGISTRATION. 11 SECTION 504. PERMITS AND PLANS. 12 SECTION 505. COMMERCIAL HEATING OIL STORAGE TANKS. 13 SECTION 506. SMALL OPERATOR ASSISTANCE PROGRAM FOR UNDERGROUND 14 STORAGE TANKS. 15 CHAPTER 7. FINANCIAL PROVISIONS 16 SECTION 701. FINANCIAL RESPONSIBILITY. 17 SECTION 702. STORAGE TANK FUND. 18 SECTION 703. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD. 19 SECTION 704. UNDERGROUND STORAGE TANK INDEMNIFICATION FUND. 20 SECTION 705. POWERS AND DUTIES OF UNDERGROUND STORAGE TANK 21 INDEMNIFICATION BOARD. 22 SECTION 706. ELIGIBILITY OF CLAIMANTS. 23 SECTION 707. AUDIT. 24 SECTION 708. SUNSET REVIEW. 25 SECTION 709. LOAN FUND. 26 CHAPTER 9. SPILL PREVENTION RESPONSE PLAN 27 SECTION 901. SUBMISSION OF SPILL PREVENTION RESPONSE PLAN. 28 SECTION 902. CONTENT OF SPILL PREVENTION RESPONSE PLAN. 29 SECTION 903. ABOVEGROUND STORAGE TANK FACILITY EMERGENCY 30 RESPONSE PLAN. 19890S0280B1405 - 4 -
1 SECTION 904. REVIEW OF SPILL PREVENTION RESPONSE PLAN. 2 SECTION 905. NOTIFICATION. 3 CHAPTER 11. SITING OF NEW ABOVEGROUND STORAGE TANK FACILITY 4 AND REGULATIONS 5 SECTION 1101. NOTIFICATION. 6 SECTION 1102. SITING REGULATIONS. 7 CHAPTER 13. ENFORCEMENT 8 SECTION 1301. WITHHOLDING PERMIT. 9 SECTION 1302. RESPONSIBILITIES OF OWNERS AND OPERATORS. 10 SECTION 1303. PROTECTION OF WATER SUPPLIES. 11 SECTION 1304. PUBLIC NUISANCES. 12 SECTION 1305. SUITS TO ABATE NUISANCES AND RESTRAIN 13 VIOLATIONS. 14 SECTION 1306. CRIMINAL PENALTIES. 15 SECTION 1307. CIVIL PENALTIES. 16 SECTION 1308. PROCEEDINGS WHERE WATERS ARE POLLUTED FROM MANY 17 SOURCES. 18 SECTION 1309. ENFORCEMENT ORDERS. 19 SECTION 1310. UNLAWFUL CONDUCT. 20 SECTION 1311. PRESUMPTION. 21 SECTION 1312. EXISTING RIGHTS AND REMEDIES PRESERVED. 22 SECTION 1313. APPEALABLE ACTIONS. 23 SECTION 1314. LIMITATION ON ACTION. 24 SECTION 1315. COLLECTION OF FINES AND PENALTIES. 25 CHAPTER 21. MISCELLANEOUS PROVISIONS 26 SECTION 2101. START-UP COSTS. 27 SECTION 2102. SAVED FROM REPEAL. 28 SECTION 2103. SEVERABILITY. 29 SECTION 2104. REPEALS. 30 SECTION 2105. EFFECTIVE DATE. 19890S0280B1405 - 5 -
1 The General Assembly of the Commonwealth of Pennsylvania 2 hereby enacts as follows: 3 CHAPTER 1 <-- 4 GENERAL PROVISIONS 5 Section 101. Short title. 6 This act shall be known and may be cited as the Storage Tank 7 and Spill Prevention Act. 8 Section 102. Legislative findings. 9 (a) General.--The General Assembly of the Commonwealth finds 10 and declares that: 11 (1) The lands and waters of this Commonwealth constitute 12 a unique and irreplaceable resource from which the well-being 13 of the public health and economic vitality of this 14 Commonwealth is assured. 15 (2) These resources have been contaminated by releases 16 and ruptures of regulated substances from both active and 17 abandoned storage tanks. 18 (3) Once contaminated, the quality of the affected 19 resources may not be completely restored to their original 20 state. 21 (4) When remedial action is required or undertaken, the 22 cost is extremely high. 23 (5) Contamination of groundwater supplies caused by 24 releases from storage tanks constitutes a grave threat to the 25 health of affected residents. 26 (6) Contamination of these resources must be prevented 27 through improved safeguards on the installation and 28 construction of storage tanks. 29 (b) Declaration.--The General Assembly declares these leaks 30 to be a threat to the public health and safety of this 19890S0280B1405 - 6 -
1 Commonwealth and hereby exercises the power of the Commonwealth 2 to prevent the occurrence of these leaks through the 3 establishment of a regulatory scheme for the storage of 4 regulated substances in new and existing storage tanks and to 5 provide liability for damages sustained within this Commonwealth 6 as a result of a discharge by requiring prompt cleanup and 7 removal of such pollution and discharged regulated substance. 8 Section 103. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Abandoned tank." A storage tank, other than nonoperational, 13 which was no longer in use for storage of regulated substances 14 on the effective date of this act. 15 "Aboveground tank." Any stationary storage tank constructed 16 primarily of nonearthen materials which provides structured 17 support and whereby more than 90% of the tank volume is not 18 buried below the ground surface. This definition and regulations 19 promulgated under this act shall not include: 20 (1) A farm or residential tank of 1,100 gallons or less 21 capacity used for storing motor fuel for noncommercial 22 purposes. 23 (2) Aboveground tanks regulated under the act of May 31, 24 1945 (P.L.1198, No.418), known as the Surface Mining 25 Conservation and Reclamation Act. 26 (3) Aboveground storage tanks which are used to store 27 brines, crude oil, drilling or frac fluids and similar 28 substances or materials and directly related to the 29 exploration, development or production of crude oil or 30 natural gas regulated under the act of December 19, 1984 19890S0280B1405 - 7 -
1 (P.L.1140, No.223), known as the Oil and Gas Act. 2 (4) Septic tanks. 3 (5) Piping, surface impoundments, pits, ponds and 4 lagoons. 5 (6) Storm water or wastewater collection or treatment 6 systems. 7 (7) Process vessels and pressure vessels including oil 8 and water separators. 9 (8) A pipeline facility (including gathering lines) 10 regulated under: 11 (i) the Natural Gas Safety Act of 1968 (Public Law 12 90-481, 82 Stat. 720, 49 U.S.C. App. § 1671 et seq.); or 13 (ii) the Hazardous Liquid Pipeline Safety Act of 14 1979 (Public Law 96-129, 93 Stat. 1003, 49 U.S.C. § 2001 15 et seq.). 16 (9) An interstate or intrastate pipeline facility 17 regulated under the State laws comparable to provisions of 18 law in paragraph (8). 19 (10) Tanks used for storage and storing heating oil for 20 consumptive use on the premises where stored. 21 (11) Nonstationary tanks, liquid traps or associated 22 gathering lines directly related to oil or gas production and 23 gathering operations. 24 (12) Sumps, drip pots and other vessels designed to 25 catch drips, spills, leaks or other releases before such 26 releases enter the environment. 27 (13) Tanks located indoors above the surface of the 28 floor. 29 (14) Tanks used for storage of products meeting the 30 United States Food and Drug Administration regulations under 19890S0280B1405 - 8 -
1 the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 2 U.S.C. § 301 et seq.). 3 (15) Tanks used in the operation of facilities permitted 4 pursuant to the act of July 7, 1980 (P.L.380, No.97), known 5 as the Solid Waste Management Act, including, but not limited 6 to, piping, tanks, collection and treatment systems used for 7 leachate, methane gas and methane gas condensate management. 8 (16) Any other tank excluded by regulations or policy 9 promulgated pursuant to this act. 10 Unless specifically excluded, the term includes small 11 aboveground storage tanks. 12 "Cathodic protection." A technique to prevent corrosion of a 13 metal surface by making that surface the cathode of an 14 electrochemical cell, including, but not limited to, the 15 application of either galvanic anodes or impressed current. 16 "Certified tank installer." A person certified by the 17 Department of Environmental Resources to install, erect, 18 construct, modify or remove storage tanks. The term includes an 19 employee of a tank owner or operator. 20 "Corrective action." The: 21 (1) Containment or attempted containment of a release. 22 (2) Removal or attempted removal of a release. 23 (3) Taking of reasonable measures to prevent or mitigate 24 damages to the public health, safety or welfare, including, 25 but not limited to, public and private property, shorelines, 26 beaches, surface waters, water columns and bottom sediments, 27 soils and other affected property, including wildlife and 28 other natural resources. 29 "Corrective action costs." All costs associated with the 30 cleanup and removal of a release incurred by this Commonwealth 19890S0280B1405 - 9 -
1 or its political subdivisions or their agents with approval of 2 the Department of Environmental Resources. 3 "Department." The Department of Environmental Resources of 4 the Commonwealth. 5 "Monitoring system." A system capable of detecting leaks or 6 releases in connection with an underground storage tank. 7 "Nonoperated tank." Any storage tank that is empty and 8 represents excess storage capacity that may be brought up to 9 standards consistent with the regulatory requirements at the 10 time the tank is brought into service. 11 "Operator." Any person in control of, or having 12 responsibility for, the daily operation of the storage tank. 13 "Owner." Any person owning a storage tank. The term shall 14 include the current owner of any underground storage tank 15 holding regulated substances on or after November 8, 1984, and 16 the owner of an underground storage tank at the time all 17 regulated substances were removed when removal occurred prior to 18 November 8, 1984. 19 "Person." Any individual, partnership, corporation, 20 association, joint venture, consortium, institution, trust, 21 firm, joint-stock company, cooperative enterprise, municipality, 22 municipal authority, Federal Government or agency, Commonwealth 23 department, agency, board, commission or authority, or any other 24 legal entity whatsoever which is recognized by law as the 25 subject of rights and duties. In any provisions of this act 26 prescribing a fine, imprisonment or penalty, or any combination 27 of the foregoing, the term "person" shall include the officers 28 and directors of any corporation or other legal entity having 29 officers and directors. 30 "Pressure vessel." A vessel used in industrial processes 19890S0280B1405 - 10 -
1 designated to withstand pressures above 15 psig. 2 "Private tank inspector." A person certified by the 3 Department of Environmental Resources to conduct environmental 4 audits and inspections of storage tanks. A private tank 5 inspector shall not be an employee of a tank owner. 6 "Process vessel." A vessel in industrial or commercial 7 operation in which, during use, there is a mechanical, physical 8 or chemical change of the contained substances taking place. The 9 industrial or commercial process may be mixing, separating, 10 chemically altering, dehydrating, extracting, refining or 11 polishing of the substances in the tank. The term "process 12 vessel" does not include tanks used to store substances prior to 13 sale or to store feedstock prior to additional processing. 14 "Regulated substance." Any element, compound, mixture, 15 solution or substance which is: 16 (1) Any substance defined in section 101(14) of the 17 Comprehensive Environmental Response, Compensation, and 18 Liability Act of 1980 (Public Law 96-510, 94 Stat. 2767), not 19 including any substance regulated as a hazardous waste under 20 Subtitle C of the Resource Conservation and Recovery Act of 21 1976 (Public Law 94-580, 42 U.S.C. § 6901 et seq.). 22 (2) Petroleum, including crude oil or any fraction 23 thereof, which is liquid at standard conditions of 24 temperature and pressure (60 degrees Fahrenheit and 14.7 25 pounds per square inch absolute), including, but not limited 26 to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil 27 mixed with other wastes and crude oils, gasoline and 28 kerosene. 29 (3) Any other substance determined by the department by 30 regulation whose containment, storage, use or dispensing may 19890S0280B1405 - 11 -
1 present a hazard to the public health and safety or the 2 environment when released. 3 The term does not include the storage or use of animal waste in 4 normal agricultural practices. 5 "Release." Any spilling, leaking, emitting, discharging, 6 escaping, leaching or disposing from a storage tank into waters 7 of this Commonwealth or subsurface soils. 8 "Secondary containment." An additional layer of impervious 9 material creating a space in which a leak of a regulated 10 substance from a storage tank may be detected before it enters 11 the environment. 12 "Secretary." The Secretary of Environmental Resources of the 13 Commonwealth. 14 "Small aboveground storage tank." Any aboveground storage 15 tank having a capacity equal to or less than 21,000 gallons. 16 "Storage tank." Any aboveground or underground storage tank 17 which is used for the storage of any regulated substance. 18 "Substantially modify." The construction, refurbishment or 19 restoration of an existing storage tank which alters the 20 physical integrity of the tank. 21 "Tank facility." An area in which one or more aboveground 22 storage tanks are located, excluding small aboveground storage 23 tanks. 24 "Underground storage tank." Any one or combination of 25 underground tanks (including underground pipes connected 26 thereto) which are used to contain an accumulation of regulated 27 substances, and the volume of which (including the volume of the 28 underground pipes connected thereto) is 10% or more beneath the 29 surface of the ground. This definition and regulations 30 promulgated under this act shall not include: 19890S0280B1405 - 12 -
1 (1) Farm or residential tanks of 1,100 gallons or less 2 capacity used for storing motor fuel for noncommercial 3 purposes. 4 (2) Tanks used for storing heating oil for consumptive 5 use on the premises where stored. 6 (3) Septic tanks. 7 (4) A pipeline facility (including gathering lines) 8 regulated under: 9 (i) The Natural Gas Pipeline Safety Act of 1968 10 (Public Law 90-481, 82 Stat. 720). 11 (ii) The Hazardous Liquid Pipeline Safety Act of 12 1979 (Public Law 96-129, 93 Stat. 1003). 13 (5) An interstate or intrastate pipeline facility 14 regulated under State laws comparable to the provisions of 15 law in paragraph (4). 16 (6) Surface impoundments, pits, ponds or lagoons. 17 (7) Storm water or wastewater collection systems. 18 (8) Flow-through process tanks. 19 (9) Liquid traps or associated gathering lines directly 20 related to oil or gas production and gathering operations. 21 (10) Storage tanks situated in an underground area (such 22 as a basement, cellar, mine working, drift, shaft or tunnel) 23 if the storage tank is situated upon or above the surface of 24 the floor. 25 (11) Any underground storage tank system whose capacity 26 is 110 gallons or less. 27 (12) Tanks used in the operation of facilities permitted 28 pursuant to the act of July 7, 1980 (P.L.380, No.97), known 29 as the Solid Waste Management Act, including, but not limited 30 to, piping, tanks, collection and treatment systems used for 19890S0280B1405 - 13 -
1 leachate, methane gas and methane gas condensate management. 2 Section 104. Construction. 3 This act and the regulations promulgated under this act shall 4 be liberally construed in order to fully protect the public 5 health, welfare and safety of the residents of this 6 Commonwealth. 7 Section 105. API. 8 A reference in this act to "API" in relation to publications 9 shall be deemed to be a reference to the appropriate technical 10 publication, including appendices, of the American Petroleum 11 Institute. 12 CHAPTER 3 13 STORAGE TANK PROTECTION PROGRAM 14 Section 301. Establishment of program. 15 (a) Authority.--The department shall establish, implement 16 and administer a comprehensive program for storage tank 17 protection by providing for regulation of the installation, 18 location, removal and closure of storage tanks and establishing 19 an inventory review procedure and inspection program to insure 20 the structural integrity of existing and new storage tanks. 21 (b) Rules and regulations for aboveground and underground 22 storage tanks.--The department shall develop separate regulatory 23 programs pursuant to provisions of sections 310 and 311 24 governing underground storage tanks and aboveground storage 25 tanks. Regulations governing underground storage tanks as 26 proposed by the department and adopted by the Environmental 27 Quality Board, shall be no more stringent than rules and 28 regulations adopted by the Federal Environmental Protection 29 Agency. The department shall develop regulations which are based 30 on industry practices and standards as embodied in the existing 19890S0280B1405 - 14 -
1 regulations governing aboveground and underground storage tanks. 2 Section 302. Aboveground storage tank permits. 3 (a) General rule.--Except as provided in section 305, no 4 person shall own, construct, operate, renovate, install, replace 5 or substantially modify an aboveground storage tank unless 6 authorized by the department through policies, rules or 7 regulations or by obtaining a permit from the department and 8 such person has paid the necessary fees required by this act. 9 (b) Amended permits.--The owner or operator of an 10 aboveground storage tank shall apply to the department for an 11 amended permit whenever any one of the following factors occurs: 12 (1) A significant change in the location, construction, 13 reconstruction or operation of a permitted aboveground 14 storage tank. For the purpose of this subsection, significant 15 change shall be defined as the disassembly and relocation of 16 the aboveground storage tank from one site to another site. 17 (2) The removal of a permitted aboveground storage tank. 18 (c) Application content.--Applications for aboveground 19 storage tank permits shall be submitted, in writing, by a 20 certified tank installer, to the department in such form and 21 with such accompanying data as shall be prescribed by 22 regulations, and shall include, to the extent that a good faith 23 effort has been made by the applicant, but not be limited to, a 24 map identifying the exact location of the tank; a description of 25 the construction of the tank, including the material out of 26 which the tank is constructed; the age and manufacturer of the 27 tank; the design of the storage tank facilities, including any 28 pumping, venting, secondary containment system and safety 29 equipment; the products to be stored in the tank; and the 30 location of the facility relative to surface water. The 19890S0280B1405 - 15 -
1 department shall have the authority to deny permits, or include 2 in each permit general and specific conditions to insure the 3 proper operation of the aboveground storage tank. 4 (d) Review of applications.--The department shall make a 5 determination regarding whether an application is reasonably 6 complete within 45 days of the filing of an application with the 7 department and shall identify all areas in which an application 8 is incomplete when issuing a notice of deficiency. The 9 department shall review any amended application filed in 10 response to a notice of deficiency within 30 days of the filing 11 of the amended application with the department. Nothing in this 12 section shall prohibit the department and the applicant from 13 agreeing to extend any deadline for action provided by this 14 section. Nothing in this section shall prohibit the department 15 from requesting and accepting supplemental information, 16 explanations and clarifications regarding the content of an 17 application prior to the deadline for department action. 18 (e) Permit fee.--Each application shall be accompanied by a 19 permit fee as established by regulations under section 311 of 20 this act. 21 (f) Transfer of permit.--Written approval by the department 22 is required for the transfer of permits. 23 (g) Renewal of permit.--A permit to operate an aboveground 24 storage tank shall be renewed every ten years. 25 (h) Inspections.--The department shall require tanks to be 26 inspected prior to operation and periodically thereafter. 27 Section 303. Small aboveground storage tanks. 28 (a) General rule.--Except as provided in section 305, no 29 person shall own, construct, operate, renovate, install, replace 30 or substantially modify any small aboveground storage tank 19890S0280B1405 - 16 -
1 unless authorized by the department through policies, rules or 2 regulations or by obtaining a permit and such person has paid 3 the necessary fees required under this act. 4 (b) Application submittal.--The permit application or other 5 department-approved application for the installation of a small 6 aboveground storage tank after the effective date of this act 7 shall be submitted by a certified tank installer prior to 8 installation of the tank. 9 (c) Application content.--Applications for a small 10 aboveground storage tank shall be submitted, in writing, to the 11 department in such a form and with such accompanying data as 12 shall be prescribed by regulation, and shall include, to the 13 extent a good faith effort has been made by the applicant, but 14 not be limited to, a description of the construction of the 15 tank, including the material out of which the tank is 16 constructed; the age and manufacturer of the tank; the design of 17 the storage tank facilities, including any pumping, venting, 18 secondary containment and safety equipment; and the products to 19 be stored in the tank. 20 (d) Review of applications.--An application submitted by a 21 certified tank installer is deemed approved by the department 22 unless the department disapproves the application within ten 23 days of submittal. The department shall review any amended 24 application filed in response to a notice of deficiency within 25 ten days of the filing of the amended application with the 26 department. Nothing in this section shall prohibit the 27 department and the applicant from agreeing to extend any 28 deadline for action provided by this section. Nothing in this 29 section shall prohibit the department from requesting and 30 accepting supplemental information, explanations and 19890S0280B1405 - 17 -
1 clarifications regarding the content of an application prior to 2 the deadline for department action. 3 (e) Permit fee.--Each application shall be accompanied by a 4 permit fee as established under section 311 of this act. 5 (f) Transfer of permit.--Written approval by the department 6 is required for the transfer of permits. 7 (g) Inspections.--The department shall require tanks to be 8 inspected prior to operation and periodically thereafter. 9 Section 304. Underground storage tank permits. 10 (a) General rule.--Except as provided for in section 305, no 11 person shall own, construct, operate, renovate, install, replace 12 or substantially modify any underground storage tank unless 13 authorized by the department through department policies, rules 14 or regulations or by obtaining a permit and such person has paid 15 the necessary fees required under this act. 16 (b) Application submitted.--The permit application or other 17 department-approved application for the installation of any 18 underground storage tank after the effective date of this act 19 shall be submitted by a certified tank installer prior to 20 installation of the tank. 21 (c) Application content.--Applications for underground 22 storage tank shall be submitted, in writing, to the department 23 in such form and with such accompanying data as shall be 24 prescribed by regulation, and shall include, to the extent that 25 a good faith effort has been made by the applicant, but not be 26 limited to, a description of the construction of the tank, 27 including the material out of which the tank is constructed; the 28 age and manufacturer of the tank; installation procedures; and 29 safety equipment and leak detection system. The department shall 30 have the authority to deny applications or include in each 19890S0280B1405 - 18 -
1 application general and specific conditions based on promulgated 2 regulations to insure that any new underground storage tank and 3 existing underground storage tank meet the Federal requirements 4 and deadlines for tank construction. 5 (d) Review of applications.--An application submitted by a 6 certified tank installer is deemed approved by the department 7 unless the department disapproves the application within ten 8 days of submission. The department shall review any amended 9 application filed in response to a notice of deficiency within 10 ten days of the filing of the amended application with the 11 department. Nothing in this section shall prohibit the 12 department and the applicant from the agreeing to extend any 13 deadline for action provided by this section. Nothing in this 14 section shall prohibit the department from requesting and 15 accepting supplemental information, explanations and 16 clarifications regarding the content of an application prior to 17 the deadline for department action. 18 (e) Permit fee.--Each application shall be accompanied by a 19 permit fee as established under section 311 of this act. 20 (f) Transfer of permit.--Written approval by the department 21 is required for the transfer of permits. 22 (g) Inspections.--The department shall require tanks to be 23 inspected prior to operation and periodically thereafter. 24 Section 305. Operation under existing permits. 25 (a) General rule.--The provisions of sections 302(a), 303(a) 26 and 304(a) shall not apply to any person who was issued a valid 27 aboveground storage tank permit or a valid underground storage 28 tank permit by the State Fire Marshal under 37 Pa. Code Ch. 11 29 (relating to preliminary provisions) or 13 (relating to storage 30 and use) or by a local fire marshal in a city of the first class 19890S0280B1405 - 19 -
1 under the act of June 8, 1911 (P.L.705, No.281), entitled "An 2 act creating the office of Fire Marshal, to be attached to the 3 Department of Public Safety in cities of the first class; 4 prescribing his duties and powers; and providing penalties for 5 violations of the provisions of the act; and providing for the 6 method of appointment, compensation, and for the maintenance of 7 his office," or a fire marshal in a county of the second class 8 under the act of July 28, 1953 (P.L.723, No.230), known as the 9 Second Class County Code, if the person holding that permit 10 fully complies with subsection (b). 11 (b) Repermitting.-- 12 (1) Within two years of the effective date of this act, 13 every person issued a permit under subsection (a) for any 14 aboveground storage tank, including a small aboveground 15 storage tank, which is certified by that person to be ten 16 years of age or older shall apply to the department for a new 17 permit. 18 (2) Within three years of the effective date of this 19 act, every person issued a permit under subsection (a) for 20 any aboveground storage tank, including a small aboveground 21 storage tank, which is certified by that person to be less 22 than ten years of age shall apply to the department for a new 23 permit. 24 Section 306. Registration of aboveground and underground 25 storage tanks. 26 (a) Existing aboveground storage tanks.--The owner of an 27 existing aboveground storage tank shall, within one year of the 28 effective date of this act, register each aboveground storage 29 tank with the department. 30 (b) New aboveground storage tanks.--The owner of any 19890S0280B1405 - 20 -
1 aboveground storage tanks constructed after the effective date 2 of this act shall register the aboveground storage tank with the 3 department in addition to obtaining a permit under section 302. 4 (c) New underground storage tanks.--The owner of any new 5 underground storage tank shall register said tank with the 6 department upon applying for a permit under section 304. 7 (d) Existing underground storage tanks.--The owner of any 8 existing underground storage tank that has not registered that 9 tank with the department pursuant to Subtitle I of the Resource 10 Conservation and Recovery Act of 1976 (Public Law 94-580, 42 11 U.S.C. § 6901 et seq.) shall register said tank with the 12 department within 60 days of the effective date of this act. The 13 owner of any underground storage tank already registered with 14 the department pursuant to Federal law shall renew the 15 registration within one year of the effective date of this act 16 and comply with subsection (g) with regard to subsequent 17 registration renewals. 18 (e) Registration forms.--The department shall continue to 19 use the existing underground storage tank registration as 20 required by Federal law. The registration form for aboveground 21 storage tanks, including small aboveground storage tanks, shall 22 be substantially similar to the underground storage tank 23 registration form. 24 (f) Initial registration fees.--Until such time that 25 regulations on registration fees are promulgated under section 26 311, each registration application shall be accompanied with a 27 registration fee that shall be $600 for each aboveground storage 28 tank, $300 for each small aboveground storage tank and $50 for 29 each underground storage tank. 30 (g) Renewal.--Each registration issued under this section 19890S0280B1405 - 21 -
1 shall be renewed every three years as determined from the date 2 of the last registration, except underground tanks which shall 3 be renewed annually. Renewals shall continue until the time that 4 the department receives written notification from the owner that 5 the storage tank has been permanently closed. 6 Section 307. Inspection of aboveground storage tanks. 7 (a) General rule.--The department shall have the authority 8 to inspect all aboveground storage tanks in accordance with 9 procedures and standards promulgated by the department. 10 (b) Inspection report.--As a condition to operate any 11 permitted storage tank, including aboveground storage tanks, the 12 permittee shall maintain records and complete an annual report 13 form as prescribed by the Environmental Quality Board which will 14 include, but not be limited to, the following information: 15 (1) The results of the most recent hydrostatic test. 16 (2) Any changes outside the permitted usage of the 17 system. 18 (3) Any changes in the monitoring program. 19 (4) Any unaccounted inventory occurrences. 20 (c) Aboveground storage tank testing requirements.--Any 21 owner of an aboveground storage tank, excluding a small 22 aboveground storage tank, shall conduct a hydrostatic test on 23 new aboveground storage tanks or substantially modified 24 aboveground storage tanks. Each existing aboveground storage 25 tank, excluding a small aboveground storage tank, shall undergo 26 an out-of-service inspection at least once every ten years. 27 Section 308. Inspection and inventory records of underground 28 storage tanks. 29 (a) General rule.--The department shall have the authority 30 to inspect all underground tanks in accordance with procedures 19890S0280B1405 - 22 -
1 and standards set forth in department regulations. 2 (b) Inventory records.--The owner or operator of any 3 underground storage tanks shall maintain inventory records for 4 each underground storage tank which shall be maintained at the 5 site of the facility for at least one year. 6 (c) Monitoring systems.--The owner or operator of an 7 underground storage tank shall install, maintain and operate 8 monitoring systems in accordance with manufacturer's 9 requirements and department regulations. 10 Section 309. Certification of storage tank installers and 11 private tank inspectors. 12 The department shall have the authority to establish a 13 certification system for tank installers and private tank 14 inspectors by regulation. The department is authorized to 15 certify through training and testing programs and shall also be 16 empowered to revoke or suspend the certification of a tank 17 installer or private tank inspector pursuant to regulations 18 promulgated under section 311. Any certification issued by the 19 department under this section shall be valid for a period of 20 five years. The department may develop an interim certification 21 program by publishing guidelines which shall expire 18 months 22 after the effective date of this act. 23 Section 310. Small operator assistance program for underground 24 storage tanks. 25 The department shall establish, implement and administer a 26 small operator assistance program within 180 days of the 27 effective date of this act. The small operator assistance 28 program shall provide information on compliance with this act 29 and other technical assistance to small operators located in 30 rural areas who pump, on a monthly basis, less than 3,000 19890S0280B1405 - 23 -
1 gallons retail motor fuel sales. 2 Section 311. Environmental Quality Board. 3 (a) Rules and regulations.--The Environmental Quality Board 4 shall have the power and its duty shall be to review the 5 existing regulations governing storage tanks and adopt rules and 6 regulations governing the location, siting, installation, 7 operation, monitoring, classification and permitting of storage 8 tanks as it deems necessary for the implementation of this act. 9 The Environmental Quality Board shall, in developing 10 regulations, use the recommendations and standard procedures 11 developed by the American Petroleum Institute, American Society 12 of Testing and Materials, National Association of Corrosion 13 Engineers, National Fire Protection Association, and 14 Underwriters Laboratories. Until the Environmental Quality Board 15 adopts rules and regulations: 16 (1) The existing regulations governing the location, 17 siting, installation and operation, monitoring and permitting 18 of storage tanks set forth at 37 Pa. Code Chs. 11 (relating 19 to preliminary provisions) and 13 (relating to storage and 20 use) shall remain in effect. 21 (2) No person shall install a new or reconstructed 22 aboveground storage tank or modify an aboveground storage 23 tank unless the tank meets all applicable technical 24 requirements set forth by the American Petroleum Institute in 25 the following (including any appendices): 26 (i) API-12B - Bolted Tanks for Storage of Production 27 Liquids. 28 (ii) API-12D - Field Welded Tanks for Storage of 29 Production Liquids. 30 (iii) API-12F - Shop Welded Tanks for Storage of 19890S0280B1405 - 24 -
1 Production Liquids. 2 (iv) API-12H - New Bottoms for Old Tanks. 3 (v) API-12P - Fiberglass Tanks for Storage of 4 Production Liquids. 5 (vi) API-620 - Large Welded Low Pressure Storage 6 Tanks. 7 (vii) API-650 - Large Welded Storage Tanks 8 (Atmospheric). 9 (3) Unless modified by the rules and regulations of the 10 department, the owner shall, along with the registration form 11 required by this act, submit a certification by a registered 12 professional engineer that the requirements of paragraph (2) 13 have been met. 14 (4) For underground tanks, no person shall install an 15 underground storage tank unless the underground storage tank 16 meets the standards promulgated by the Administrator of the 17 Environmental Protection Agency under section 9003(e) of the 18 Solid Waste Disposal Act (Public Law 89-272, 42 U.S.C. § 19 6991b(e)), including the following requirements: 20 (i) The tank is designed to prevent releases due to 21 corrosion or structural failure for the operational life 22 of the tank. 23 (ii) The tank is cathodically protected against 24 corrosion, constructed of noncorrosive material, steel 25 clad with a noncorrosive material, or designed in a 26 manner to prevent the release or threatened release of 27 any stored substance. 28 (iii) The material used in the construction or 29 lining of the tank is compatible with the substance to be 30 stored. 19890S0280B1405 - 25 -
1 (iv) Notwithstanding subparagraphs (i), (ii) and 2 (iii), if soil tests conducted in accordance with ASTM 3 Standard G57-78, or another standard approved by the 4 Administrator of the Environmental Protection Agency, 5 show that soil resistivity in an installation location is 6 12,000 ohm/cm or more (unless a more stringent standard 7 is prescribed by the Administrator of the Environmental 8 Protection Agency by rule), a storage tank without 9 corrosion protection may be installed in that location 10 during the period referred to above. 11 (b) Requirements for aboveground storage tanks.--The 12 Environmental Quality Board shall, by regulation, adopt 13 aboveground storage tank standards, excluding a small 14 aboveground storage tank, which shall include, but shall not be 15 limited to: 16 (1) Dike integrity. 17 (2) Liner requirements. 18 (3) Steel thickness based on storage capacity. 19 (4) Testing requirements for new and substantially 20 modified aboveground storage tanks. 21 (5) Closure requirements. 22 (6) Corrosion control features. 23 (7) Monitoring standards. 24 (8) Recordkeeping requirements. 25 (9) Performance and design standards for new and 26 substantially modified aboveground storage tanks. 27 (10) Inspection requirements for existing aboveground 28 storage tanks. 29 (11) Standards to protect against fire and explosion 30 hazards. 19890S0280B1405 - 26 -
1 (c) Requirements for small aboveground storage tanks.--The 2 board shall, by regulation, adopt small aboveground storage tank 3 standards which shall include, but not be limited to: 4 (1) Testing requirements for new and substantially 5 modified small aboveground storage tanks. 6 (2) Performance and design standards consistent with the 7 manufacturer's specifications for the small aboveground 8 storage tank model. 9 (3) Monitoring standards consistent with the 10 manufacturer's specifications for the small aboveground 11 storage tank model. 12 (4) Requirements for closure. 13 (5) Recordkeeping requirements. 14 (6) Inspection requirements for existing small 15 aboveground storage tanks. 16 (7) Standards to protect against fire and explosion 17 hazards. 18 (d) Fees.--The board shall establish separate fees for 19 aboveground storage tanks, small aboveground storage tanks and 20 underground storage tanks for: 21 (1) Permit applications and amendments. 22 (2) Registration applications and transfers. 23 (3) Inspections. 24 (4) Certification fees for tank installers and private 25 tank inspectors. 26 (e) Regulations governing underground storage tanks.--The 27 board shall, by regulation, adopt underground storage tank 28 design and safety standards which shall be consistent with, and 29 not more stringent than, the Federal regulations governing 30 underground storage tanks. The regulations shall include: 19890S0280B1405 - 27 -
1 (1) Corrosion control features, including cathodic 2 protection. 3 (2) Monitoring standards and monitoring systems 4 including electric or mechanical devices, monitoring wells, 5 tank testing or other methods of monitoring approved by the 6 department. 7 (3) Recordkeeping requirements of any monitoring or leak 8 detection systems, inventory control system or underground 9 storage tank testing system. 10 (4) Tank testing requirements pursuant to paragraph (2) 11 for underground storage tanks which considers such factors as 12 the regulated substance stored, proximity of the underground 13 storage tank to potable water supplies and soil conditions. 14 (5) Testing schedule requirements for the periodic 15 testing of structural integrity of the underground storage 16 tank without a monitoring system. 17 (6) Procedures for reporting of any release and the 18 corrective action taken in response to a discharge from an 19 underground storage tank. 20 (7) Requirements for corrective action in response to a 21 release from an underground storage tank by the owner or 22 operator of the underground storage tank. 23 (8) Performance standards for new and substantially 24 modified existing underground storage tanks including design 25 construction, installation and release detection standards. 26 (9) Standards to protect against fire and explosion 27 hazards. 28 Section 312. Industry Technical Advisory Board. 29 (a) Establishment.--There shall be created as an 30 administrative board within the department the Industry 19890S0280B1405 - 28 -
1 Technical Advisory Board. The board shall consist of nine 2 members, all of whom shall be chosen by the Governor and shall 3 be residents of this Commonwealth. Three members shall be 4 qualified persons experienced in storage tank design and 5 installation with three years of experience in this 6 Commonwealth. One member shall be an owner or operator of an 7 aboveground storage tank. One member shall be an owner or 8 operator of an underground storage tank. One member shall be a 9 registered professional engineer with three years of experience 10 in this Commonwealth. One member shall be an engineer with three 11 years of experience in design and installation of aboveground 12 storage tanks in this Commonwealth, who shall be chosen from a 13 list of three names submitted by the Citizens Advisory Council 14 to the Governor and who shall sit as a representative of the 15 public interest. One member shall be a representative of local 16 government. One member shall be a representative of county 17 government. 18 (b) Expenses.--Advisory board members shall not receive a 19 salary but shall be reimbursed for all necessary expenses 20 incurred in the performance of their duties. 21 (c) Procedure.--All actions of the advisory board shall be 22 by majority vote. The advisory board shall meet upon the call of 23 the secretary, but not less than semiannually, to carry out its 24 duties under this act. The board shall select a chairman and 25 such other officers as it deems appropriate. 26 (d) Consultation.--The department shall consult with the 27 advisory board in the formulation, drafting and presentation 28 stages of all regulations of a technical nature promulgated 29 under this act. The advisory board shall be given a reasonable 30 opportunity to review and comment on all regulations of a 19890S0280B1405 - 29 -
1 technical nature prior to submission to the Environmental 2 Quality Board for initial consideration. The written report of 3 the board shall be presented to the Environmental Quality Board 4 with any regulatory proposal. The chairman of the advisory board 5 shall be invited to participate in the presentation of all 6 regulations of a technical nature before the Environmental 7 Quality Board to the extent allowed by procedures of the 8 Environmental Quality Board. Nothing herein shall preclude any 9 member of the advisory board from filing a petition for 10 rulemaking with the Environmental Quality Board in accordance 11 with procedures established by the Environmental Quality Board. 12 CHAPTER 5 13 SPILL PREVENTION RESPONSE PLAN 14 Section 501. Submission of spill prevention response plan. 15 (a) Schedule.--Accompanying the registration form as set 16 forth in section 306, each owner of an aboveground storage tank 17 or tank facility shall submit to the department within one year 18 of the effective date of this act a plan for each aboveground 19 storage tank or tank facility. Each plan shall be site-specific 20 and be consistent with the requirements of this act. This 21 chapter shall not apply to small aboveground storage tanks. 22 (b) Plan revisions.--Each owner of an aboveground storage 23 tank or tank facility with an approved spill prevention response 24 plan shall submit a revised plan or addendum to the plan to the 25 department in accordance with the requirements of this act if 26 any of the following occur: 27 (1) Substantial changes in design, construction, 28 operation, maintenance of the storage tank or tank facility 29 or other circumstances that increase the potential for fires, 30 explosions or releases of regulated substances. 19890S0280B1405 - 30 -
1 (2) Substantial changes in emergency equipment at the 2 facility. 3 (3) Substantial changes in tank facility emergency 4 organization. 5 (4) Revision of applicable department regulations. 6 (5) Failure of the plan in an emergency. 7 (6) The removal or the addition of any storage tank or 8 storage tanks. 9 (7) Otherwise deemed necessary by the department. 10 (c) Existing plans.--All existing plans covering storage 11 tanks approved by the department pursuant to the act of June 22, 12 1937 (P.L.1987, No.394), known as The Clean Streams Law, and 13 known as preparedness, prevention and contingency plans must be 14 revised within one year of the effective date of this act. 15 Section 502. Content of spill prevention response plan. 16 (a) Description of facility.--The plan shall identify and 17 describe the industrial or commercial activity which occurs at 18 the site, including a specific listing and inventory of all 19 types of products stored, amount of products stored and wastes 20 generated which are stored at the aboveground storage tank or 21 tank facility. The plan shall include drawings of the 22 aboveground storage tank facility, including location of all 23 drainage pipes and water outlets. 24 (b) Plan implementation at facility, including emergency 25 response contractors.--The plan shall identify all individuals 26 and their duties and responsibilities for developing, 27 implementing and maintaining the plan. The plan shall describe 28 in detail the chain of command at the aboveground storage tank 29 or storage tank facility and list and describe how the owner or 30 operator will notify and coordinate spill response with off-site 19890S0280B1405 - 31 -
1 spill response agencies and the local emergency response 2 agencies. 3 (c) Spill leak prevention and response.--The plan shall 4 provide a preventive maintenance program that includes 5 monitoring and inspection procedures, including identification 6 of stress points, employee training program and security system. 7 (d) Countermeasure.--The plan shall explain in detail the 8 specific response that emergency personnel shall take upon the 9 occurrence of any release at the facility. 10 (e) Emergency spill control network.--The plan shall include 11 information obtained by the owner of the aboveground storage 12 tank facility from the county and municipal emergency management 13 agencies. 14 (f) Other information.--The owner shall provide the 15 department with all other information required by the department 16 to carry out its duties under this act. 17 Section 503. Review of spill prevention response plan. 18 (a) Written notice.--The owner of the aboveground storage 19 tank facility located adjacent to surface waters shall provide 20 public notice to all downstream municipalities, downstream water 21 companies and downstream industrial users within 20 miles of the 22 aboveground storage tank facility site and the local 23 municipality and county in which the facility is located upon 24 submission of the plan to the department. All comments must be 25 submitted to the department within 30 days. 26 (b) Review and comment.--Upon receipt of the plan, the 27 department shall forward copies to the Pennsylvania Emergency 28 Management Agency, the Pennsylvania Fish Commission and the 29 local and county emergency management agencies for review and 30 comment. All comments must be submitted within 90 days. 19890S0280B1405 - 32 -
1 (c) Department action.--Within 30 days after completion of 2 the comment period, the department shall approve the plan or 3 disapprove the plan and provide the owner of the storage tank or 4 tank facility with specific reasons for the disapproval. The 5 owner of the storage tank or tank facility shall submit a 6 revised plan to the department which the department shall act 7 upon within 30 days. 8 Section 504. Notification. 9 (a) Procedure.--Upon the occurrence of a release at the 10 aboveground storage tank, the owner or operator of a storage 11 tank shall immediately notify the department, the Pennsylvania 12 Emergency Management Agency and the local emergency management 13 agency. All downstream water companies, downstream 14 municipalities and downstream industrial users within 20 miles 15 of the aboveground storage tank located adjacent to surface 16 waters shall be notified on a priority basis based on the 17 proximity of the release by the owner or operator or the agent 18 of the owner or operator of the aboveground storage tank within 19 two hours of any release which enters a water supply or which 20 threatens the water supply of downstream users. 21 (b) Notification list.--The owner of the aboveground storage 22 tank or tank facility located adjacent to surface waters shall 23 annually obtain and annually update a list from the local 24 emergency management agency of all downstream municipal water 25 users, water companies and industrial users within 20 miles of 26 the tank facility. 27 (c) State agency.--Notwithstanding any Federal law to the 28 contrary, the department is hereby designated as the State 29 agency empowered to direct emergency cleanup efforts at a 30 release site upon the occurrence of a release. 19890S0280B1405 - 33 -
1 (d) Other emergency response plans.--Notwithstanding Chapter 2 5 to the contrary, the spill prevention response plan shall be 3 developed by the owner of the aboveground storage tank and 4 approved by the department consistent with the emergency 5 management plans developed by local emergency management 6 agencies under Title III of the Superfund Amendments and 7 Reauthorization Act of 1986 (Public Law 99-499, 100 Stat. 1613). 8 CHAPTER 7 9 FINANCIAL PROVISIONS 10 Section 701. Financial responsibility. 11 (a) Regulations of department.--The department is authorized 12 to establish, by regulation, requirements for maintaining 13 evidence of financial responsibility as deemed necessary and 14 desirable, for taking corrective action and for compensating 15 third parties for bodily injury and property damage caused by 16 sudden and nonsudden releases arising from operation of a 17 storage tank. Standards for underground storage tanks shall be 18 identical to the coverage provided by the Underground Storage 19 Tank Indemnification Fund in sections 704, 705 and 706. Every 20 owner or operator shall meet the financial responsibility 21 requirements established by the department. 22 (b) Methods of obtaining financial responsibility.-- 23 Financial responsibility required by this section may be 24 established in accordance with regulations promulgated by the 25 department by any one, or any combination of the following: 26 insurance, guarantee, surety bond, letter of credit, 27 qualification as a self insurer, indemnity contract, risk 28 retention coverage, or any other method deemed satisfactory by 29 the department. Owners of underground tanks must meet these 30 requirements by complying with sections 704, 705 and 706. In 19890S0280B1405 - 34 -
1 regulations or policy under this section, the department is 2 authorized to specify policy or other contractual terms, 3 conditions, or defenses which are necessary or acceptable in 4 establishing such evidence of financial responsibility. 5 (c) Bankruptcy of owner or operator.--In any case where the 6 owner or operator is in bankruptcy, reorganization, or 7 arrangement pursuant to the Federal Bankruptcy Code or where 8 with reasonable diligence jurisdiction in any State court or the 9 Federal courts cannot be obtained over an owner or operator 10 likely to be insolvent at the time of judgment, any claim 11 arising from conduct for which evidence of financial 12 responsibility must be provided under this subsection may be 13 asserted directly against the guarantor providing such evidence 14 of financial responsibility. In the case of any action pursuant 15 to this subsection, such guarantor shall be entitled to invoke 16 all rights and defenses which would have been available to the 17 owner or operator if any action had been brought against the 18 owner or operator by the claimant and which would have been 19 available to the guarantor if an action had been brought against 20 the guarantor by the owner or operator. 21 (d) Guarantor liability.--The total liability of any 22 guarantor shall be limited to the aggregate amount which the 23 guarantor has provided as evidence of financial responsibility 24 to the owner or operator under this section. Nothing in this 25 subsection shall be construed to limit any other State or 26 Federal statutory, contractual or common law liability of a 27 guarantor to its owner or operator, including, but not limited 28 to, the liability of such guarantor for bad faith either in 29 negotiating or in failing to negotiate the settlement of any 30 claim. Nothing in this subsection shall be construed to diminish 19890S0280B1405 - 35 -
1 the liability of any person under section 107 or 111 of the 2 Comprehensive Environmental Response, Compensation and Liability 3 Act of 1980 or other applicable statutes. 4 (e) Definition.--As used in this subsection, the term 5 "guarantor" means any person, other than the owner or operator, 6 who provides evidence of financial responsibility for an owner 7 or operator under this subsection. 8 Section 702. Storage Tank Fund. 9 (a) Establishment of fund.--There is hereby created a 10 special nonlapsing fund in the State Treasury to be known as the 11 Storage Tank Fund. All fees, fines, judgments, bond forfeitures 12 and recovered costs collected by the department under this act 13 shall be paid into the Storage Tank Fund. All moneys placed in 14 the Storage Tank Fund are hereby appropriated to the department 15 for the costs of operating the aboveground and underground 16 storage tank programs, including activities necessary for the 17 elimination of releases from storage tanks and any other 18 activities necessary to meet the requirements of this act. The 19 fund shall also be available to pay third party claims as 20 required under section 701(a) where the owner or operator of an 21 aboveground tank has not complied with the requirements of 22 section 701. No more than 75% of the fund shall be available for 23 departmental administration costs for this act. 24 (b) Supplements to fund.--The Storage Tank Fund may be 25 supplemented by appropriations from the General Assembly, the 26 Federal, State or local government or from any private source. 27 (c) Liability for costs.--Whenever costs have been incurred 28 by the Commonwealth for taking corrective action or paying 29 damages pursuant to section 701(a) with respect to a storage 30 tank regulated by this act, any person who has caused a release 19890S0280B1405 - 36 -
1 of a regulated substance from such tank shall be strictly 2 liable, without fault, to the Commonwealth for such costs, 3 subject to the defenses set forth as follows: 4 (1) An act or omission caused by war. 5 (2) An act or omission caused by sabotage. 6 (3) An act of God. 7 (d) Effect of liability on property.--Any costs incurred by 8 the Commonwealth for taking corrective action or paying damages 9 pursuant to section 701(a) with respect to a release from a 10 storage tank regulated under this act shall constitute in each 11 instance a debt of the owner or operator, as may be appropriate, 12 to the Storage Tank Fund. The debt shall constitute a lien on 13 all property owned by said owner or operator when a notice of 14 lien incorporating a description of the property of the owner or 15 operator subject to the action and an identification of the 16 amount of expenditure from the fund is duly filed with the 17 prothonotary of the court of common pleas where the property is 18 located. The prothonotary shall promptly enter upon the civil 19 judgment or order docket the name and address of the owner or 20 operator, as may be appropriate, and the amount of the lien as 21 set forth in the notice of lien. Upon entry by the prothonotary, 22 the lien shall attach to the revenues and all real and personal 23 property of the owner or operator, whether or not the owner or 24 operator is solvent. The notice of lien filed pursuant to this 25 subsection which affects the property of the owner or operator 26 shall create a lien with priority over all subsequent claims or 27 liens which are filed against the owner or operator. 28 (e) Third party claims against the fund.-- 29 (1) Claims shall be filed with the department not later 30 than two years after the date of discovery of damages or not 19890S0280B1405 - 37 -
1 later than five years after the date of the incident which 2 caused the damage. The department shall develop forms and 3 procedures for such claims. 4 (2) The department shall inform all affected parties 5 within ten days of receipt of the claim. 6 (3) Any person who knowingly gives false information as 7 part of a claim, in addition to other penalties in this act, 8 commits a misdemeanor of the third degree, punishable by a 9 fine not to exceed $10,000. 10 (4) The department shall attempt to promote and arrange 11 settlement between the claimant and the person responsible 12 for the release. If the parties fail to agree upon a 13 settlement then the claim shall be resolved by binding 14 arbitration with a three-member panel chosen by the 15 department and based on the information filed by both 16 parties. 17 (f) Status of fund.--The Storage Tank Fund shall not be 18 subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to Judicial 19 Computer System). 20 Section 703. Underground Storage Tank Indemnification Board. 21 (a) Establishment of board, appointment and terms.--There is 22 hereby created the Underground Storage Tank Indemnification 23 Board which shall consist of seven members. The Insurance 24 Commissioner and the Secretary of the Department of 25 Environmental Resources shall be ex officio members. Five 26 members shall be appointed by the Governor, as follows: 27 (1) Three members who shall be persons with particular 28 expertise in the management of underground petroleum storage 29 tanks. Two of these members shall be appointed for terms of 30 four years and one shall be appointed for a term of three 19890S0280B1405 - 38 -
1 years. The Governor shall appoint the members, one each from 2 a list of nominees provided by each of the following: 3 (i) The Associated Petroleum Industries of 4 Pennsylvania. 5 (ii) The Pennsylvania Petroleum Association. 6 (iii) The Service Station Dealers and Automotive 7 Repair Association of Pennsylvania and Delaware and the 8 Petroleum Retailers and Auto Repair Association, Inc. 9 The Governor may reject any or all of the nominees contained 10 on the lists provided above, and may request that additional 11 lists of nominees be provided to him. 12 (2) One local government member who shall have knowledge 13 and expertise in underground storage tanks. The local 14 government member shall be appointed for a term of two years. 15 (3) One public member who shall not be an owner or 16 operator of storage tanks nor affiliated in any way with any 17 person regulated under this act. The public member shall be 18 appointed for a term of three years. 19 (b) Chairman.--The board shall select a chairman from its 20 members annually. 21 (c) Vacancies.--Vacancies in appointed positions shall be 22 filled by the Governor in the same manner as the original 23 appointment. Members shall serve until their successors are 24 appointed and qualified. 25 (d) Compensation.--Members shall receive no compensation for 26 their service other than reimbursement for necessary expenses in 27 accordance with Commonwealth regulations. 28 (e) Conflicts.--No member shall participate in making any 29 decision in a matter involving any payment from which he or his 30 employer may benefit or which may benefit a member of his 19890S0280B1405 - 39 -
1 immediate family. 2 (f) Meetings and quorum.--The board shall meet at least 3 quarterly. Additional meetings may be held upon reasonable 4 notice at times and locations selected by the board. The board 5 shall meet at the call of the chairman or upon written request 6 of three members of the board. Four members shall constitute a 7 quorum and a quorum may act for the board in all matters. 8 Section 704. Underground Storage Tank Indemnification Fund. 9 (a) Establishment of fund.--There is hereby created a 10 special fund in the State Treasury to be known as the 11 Underground Storage Tank Indemnification Fund. This fund shall 12 consist of the fees assessed by the board under section 705(d), 13 amounts recovered by the board due to fraudulent or improper 14 claims or as penalties for failure to pay fees when due, and 15 funds earned by the investment and reinvestment of the moneys 16 collected. Moneys in the fund are hereby appropriated to the 17 board for the purpose of making payments to owners and operators 18 of underground petroleum storage tanks who incur liability for 19 taking corrective action or for bodily injury or property damage 20 caused by an accidental release from underground petroleum 21 storage tanks. The fund shall be the sole source of payments 22 under this act, and the Commonwealth shall have no liability 23 beyond the amount of the fund. 24 (b) Limit of payments.--Payments to eligible owners or 25 operators shall be limited to the actual costs of corrective 26 action and the amount of an award of damages by a court of 27 competent jurisdiction for bodily injury, property damage, or 28 both, not to exceed a total of $1,000,000 per tank per 29 occurrence. Payments of claims against the fund shall be subject 30 to a deductible as provided in section 705. 19890S0280B1405 - 40 -
1 (c) Prohibited uses.--Moneys in the fund shall not be used 2 for the repair, replacement or maintenance of underground 3 petroleum storage tanks or improvement of property on which the 4 tanks are located. 5 (d) Expenses.--All costs and expenses of the board shall be 6 paid from the fund, including, but not limited to, compensation 7 of employees and any independent contractors or consultants. 8 (e) Status of fund.--The Underground Storage Tank 9 Indemnification Fund shall not be subject to 42 Pa.C.S. Ch. 37 10 Subch. C (relating to Judicial Computer System). 11 Section 705. Powers and duties of Underground Storage Tank 12 Indemnification Board. 13 (a) Support.--The board may employ the personnel necessary 14 to process fee payments to administer claims made against the 15 Underground Storage Tank Indemnification Fund and to carry out 16 the purposes of the board. The board may also contract for the 17 services of attorneys, consultants and actuaries necessary to 18 advise the board in establishing fees under subsection (d) and 19 deductible amounts under subsection (c). 20 (b) Claims.--The board shall establish procedures by which 21 owners and operators may make claims for costs estimated or 22 incurred in taking corrective action and for liability due to 23 bodily injury and property damage caused by an accidental 24 release from underground petroleum storage tanks. Claims 25 determined to be eligible shall be paid upon receipt of 26 information required under regulations which the board shall 27 promulgate. The board, by regulation, may establish a system for 28 prioritizing claims. 29 (c) Deductible.-- 30 (1) Claims shall be subject to a deductible amount which 19890S0280B1405 - 41 -
1 the board shall set annually. The board shall give at least 2 30 days' notice of a proposed change in deductible amounts by 3 publication in the Pennsylvania Bulletin, and the change 4 shall take effect on the date specified in the notice. Each 5 owner or operator shall be responsible for the amount of the 6 deductible as provided in section 705. 7 (2) The board shall set the initial deductible for 8 corrective action claims at $75,000 per tank per occurrence. 9 Thereafter, the deductible shall be based on an estimate of 10 the average cost of taking corrective action due to an 11 accidental release from underground petroleum storage tanks 12 in this Commonwealth. The board shall not set a deductible in 13 an amount lower than $50,000 per tank per occurrence. 14 (3) The board shall set the initial deductible for 15 claims due to bodily injury, property damage, or both, at 16 $150,000 per tank per occurrence. Thereafter, the deductible 17 shall be based on an estimate of the average award for 18 settlement of third-party claims involving bodily injury, 19 property damage, or both, caused by accidental release from 20 underground petroleum storage tanks in this Commonwealth. The 21 board shall not set a deductible in an amount lower than 22 $100,000 per tank per occurrence. 23 (d) Fees.--The board, by regulations, shall establish fees 24 to be paid by the owner or operator, as appropriate, of 25 underground petroleum storage tanks. Fees shall be set on an 26 actuarial basis in order to provide an amount sufficient to pay 27 outstanding and anticipated claims against the Underground 28 Storage Tank Indemnification Fund in a timely manner. Fees shall 29 also include an amount sufficient to meet all other financial 30 requirements of the board. Fees shall be adjusted as deemed 19890S0280B1405 - 42 -
1 necessary by the board, but no more than once a year. 2 (e) Payment of fees.--Fees established under subsection (d) 3 shall be paid by the owner of the tank unless a written 4 agreement between the owner and the operator provides otherwise. 5 A person who fails or refuses to pay the fee or a part of the 6 fee by the date established by the board shall be assessed a 7 penalty of 5% of the amount due which shall accrue on the first 8 day of delinquency and be added thereto. Thereafter, on the last 9 day of each month during which any part of any fee or any prior 10 accrued penalty remains unpaid, an additional 5% of the then 11 unpaid balance shall accrue and be added thereto. 12 (f) Additional powers.--The board shall have additional 13 powers as may be necessary to carry out its duties under this 14 act, including, but not limited to, the following: 15 (1) To make contracts and execute all instruments 16 necessary or convenient for carrying on of its business. 17 (2) To make bylaws for the management and regulation of 18 its affairs and to adopt, amend and repeal rules, regulations 19 and guidelines governing the administrative procedures and 20 business of the board and operation and administration of the 21 fund. Regulations of the board shall be subject to review 22 under the act of June 25, 1982 (P.L.633, No.181), known as 23 the Regulatory Review Act. 24 (3) To sue or be sued concerning claims arising as a 25 result of a release from an underground petroleum storage 26 tank and to implead and be impleaded, complain and defend in 27 all courts. 28 (4) To conduct examinations and investigations and take 29 testimony under oath or affirmation on any matter necessary 30 to the determination of approval or disapproval of any claim. 19890S0280B1405 - 43 -
1 Section 706. Eligibility of claimants. 2 In order to receive a payment from the Underground Storage 3 Tank Indemnification Fund, a claimant shall meet the following 4 eligibility requirements: 5 (1) The claimant is the owner or operator of the 6 underground tank which is the subject of the claim. 7 (2) The fee required under section 705 has been paid. 8 (3) The tank has been registered in accordance with the 9 requirements of section 306. 10 (4) The owner or operator has obtained a permit, if 11 required under sections 304 and 305. 12 (5) The claimant demonstrates to the satisfaction of the 13 board that the release that is the subject of the claim 14 occurred after the date established by the board for payment 15 of the fee required by section 705(d). 16 (6) Additional eligibility requirements which the board 17 may adopt by regulation. 18 Section 707. Audit. 19 The board shall contract for an annual independent audit of 20 the Underground Storage Tank Indemnification Fund. 21 Section 708. Sunset review. 22 The Underground Storage Tank Indemnification Fund and the 23 board shall be subject to periodic evaluation, review and 24 termination or continuation under the act of December 22, 1981 25 (P.L.508, No.142), known as the Sunset Act, every five years 26 commencing with an initial termination date of December 31, 27 1993. Nothing in the Sunset Act or this section shall be 28 construed to invalidate any claim submitted prior to the date of 29 termination. 30 CHAPTER 9 19890S0280B1405 - 44 -
1 SITING OF NEW ABOVEGROUND STORAGE TANK FACILITIES 2 Section 901. Siting of new aboveground storage tank facilities. 3 (a) Procedure.--The owner or operator of an existing or 4 proposed aboveground tank facility shall provide written 5 notification to the local municipality and county in which the 6 aboveground tank facility is situated or to be located prior to 7 submitting an application for an aboveground storage permit to 8 construct or reconstruct an additional aboveground storage tank 9 at the aboveground storage tank facility or construct a new 10 aboveground storage tank facility. This chapter shall not apply 11 to small aboveground storage tanks. For purposes of this 12 chapter, the term "tank facility" means an area in which two or 13 more aboveground storage tanks are located. 14 (b) Public hearings.--Upon submission to the department of 15 the permit application to construct any new aboveground tank 16 facility, the department may hold a public hearing in the 17 municipality or county in which the aboveground tank facility is 18 proposed to be located. The department shall publish the permit 19 application in the Pennsylvania Bulletin upon receipt of the 20 permit application and provide not more than a 60-day comment 21 period. 22 (c) Public comment on aboveground storage tank permit.--The 23 department shall publish the aboveground storage tank permit 24 application in the Pennsylvania Bulletin upon receipt of the 25 permit application and provide a 30-day comment period for new 26 aboveground storage tank facilities consistent with section 311. 27 Section 902. Siting criteria for aboveground tank facilities. 28 The Environmental Quality Board shall promulgate siting 29 regulations for new aboveground storage tank facilities 30 consistent with section 311 which shall contain detailed site 19890S0280B1405 - 45 -
1 specific provisions which an applicant shall use to evaluate a 2 potential site. The regulations shall include, but not be 3 limited to, consideration for public health and safety, 4 protection of water supply sources, water quality, air quality, 5 flooding, topography, soil conditions and hydrogeology. The 6 Environmental Quality Board shall hold at least one public 7 hearing on the siting regulations and shall solicit and take 8 into consideration written public comments, prior to final 9 adoption. 10 CHAPTER 11 11 ENFORCEMENT AND REMEDIES 12 Section 1101. Unlawful conduct. 13 (a) Offenses defined.--It shall be unlawful for any person 14 to: 15 (1) Sell, distribute, provide or fill any storage tank 16 with a regulated substance unless the storage tank has a 17 valid registration issued under this act and the regulations 18 promulgated hereunder. 19 (2) Violate, or cause or assist in the violation of, any 20 provision of this act, any regulation promulgated hereunder, 21 any order issued hereunder, or the terms or conditions of any 22 spill prevention and response plan approved by the department 23 under this act. 24 (3) Fail to adhere to the schedule set forth in, or 25 pursuant to, this act for developing or submitting to the 26 department a spill prevention and response plan. 27 (4) Hinder, obstruct, prevent or interfere with the 28 department or its personnel in the performance of any duty 29 under this act. 30 (5) Violate the provisions of 18 Pa.C.S. § 4903 19890S0280B1405 - 46 -
1 (relating to false swearing) or 4904 (relating to unsworn 2 falsification to authorities) in complying with any provision 3 of this act, including, but not limited to, providing or 4 preparing any information required by this act. 5 (b) Public nuisance.--All unlawful conduct set forth in 6 subsection (a) shall also constitute a public nuisance. 7 Section 1102. Enforcement orders. 8 (a) Issuance.--The department may issue such orders to 9 persons as it deems necessary to aid in the enforcement of the 10 provisions of this act. The orders may include, but shall not be 11 limited to, orders requiring compliance with the provisions of 12 this act and the regulations promulgated pursuant thereto. Any 13 order issued under this act shall take effect upon notice, 14 unless the order specifies otherwise. The power of the 15 department to issue an order under this act is in addition to 16 any other remedy which may be afforded to the department 17 pursuant to this act or any other act. 18 (b) Compliance.--It shall be the duty of any person to 19 proceed diligently to comply with any order issued pursuant to 20 subsection (a). If such person fails to proceed diligently or 21 fails to comply with the order within such time, if any, as may 22 be specified, such person shall be guilty of contempt and shall 23 be punished by the court in an appropriate manner, and for this 24 purpose, application may be made by the department to the 25 Commonwealth Court, which is hereby granted jurisdiction. 26 Section 1103. Civil penalties. 27 (a) Assessment.--In addition to proceeding under any other 28 remedy available at law or in equity for a violation of any 29 provision of this act, the regulations promulgated hereunder or 30 any order of the department issued hereunder, the department may 19890S0280B1405 - 47 -
1 assess a civil penalty upon a person for the violation. The 2 penalty may be assessed whether or not the violation was willful 3 or negligent. In determining the amount of the penalty, the 4 department shall consider the willfulness of the violation; 5 damage to air, water, land or other natural resources of this 6 Commonwealth or their uses; cost of restoration and abatement; 7 savings resulting to the person in consequence of the violation; 8 deterrence of future violations; and other relevant factors. If 9 the violation leads to issuance of a cessation order, a civil 10 penalty shall be assessed. 11 (b) Escrow.--When the department assesses a civil penalty, 12 it shall inform the person of the amount of the penalty. The 13 person charged with the penalty shall then have 30 days to pay 14 the penalty in full or, if the person wishes to contest either 15 the amount of the penalty or the fact of the violation, either 16 to forward the proposed amount to the department for placement 17 in an escrow account with the State Treasurer or with a bank in 18 this Commonwealth or to post an appeal bond in the amount of the 19 penalty. The bond must be executed by a surety licensed to do 20 business in this Commonwealth and must be satisfactory to the 21 department. If, through administrative or judicial review of the 22 proposed penalty, it is determined that no violation occurred or 23 that the amount of the penalty shall be reduced, the department 24 shall, within 30 days, remit the appropriate amount to the 25 person, with an interest accumulated by the escrow deposit. 26 Failure to forward the money or the appeal bond to the 27 department within 30 days shall result in a waiver of all legal 28 rights to contest the violation or the amount of the penalty. 29 (c) Amount.--The maximum civil penalty which may be assessed 30 pursuant to this section is $10,000 per violation. Each 19890S0280B1405 - 48 -
1 violation for each separate day and each violation of any 2 provision of this act, any regulation promulgated hereunder or 3 any order issued hereunder shall constitute a separate offense 4 under this section. 5 (d) Statute of limitations.--Notwithstanding any other 6 provision of law to the contrary, there shall be a statute of 7 limitations of seven years upon actions brought by the 8 Commonwealth under this section. 9 Section 1104. Criminal penalties. 10 (a) Summary offense.--Any person who initially violates any 11 provision of Chapter 3, any regulation promulgated thereunder, 12 any order issued thereunder or the terms or conditions of any 13 permit shall, upon conviction thereof in a summary proceeding, 14 be sentenced to pay a fine of not less than $100 nor more than 15 $1,000 and costs and, in default of the payment of such fine and 16 costs, to imprisonment for not more than 30 days. 17 (b) Misdemeanor offense.--Any person who willfully violates 18 any other provision of this act, any regulation promulgated 19 hereunder, any order issued hereunder or the terms or conditions 20 of any permit commits a misdemeanor of the third degree and 21 shall, upon conviction, be sentenced to pay a fine of not less 22 than $1,000 nor more than $10,000 per day for each violation or 23 to imprisonment for a period of not more than one year, or both. 24 (c) Second or subsequent offense.--Any person who, within 25 two years after a conviction of a misdemeanor for any willful 26 violation of this act, willfully violates the same provision of 27 this act at the same facility, any regulation promulgated 28 hereunder, any order issued hereunder or the terms or conditions 29 of any permit commits a misdemeanor of the second degree and 30 shall, upon conviction, be sentenced to pay a fine of not less 19890S0280B1405 - 49 -
1 than $2,500 nor more than $25,000 for each violation or to 2 imprisonment for a period of not more than two years, or both. 3 (d) Violations to be separate offenses.--Each violation of 4 any provision of this act, any regulation promulgated hereunder, 5 any order issued hereunder or the terms or conditions of any 6 permit shall constitute a separate offense under subsections 7 (a), (b) and (c). 8 Section 1105. Production of materials; recordkeeping 9 requirements. 10 (a) Authority of department.--The department and its agents 11 and employees shall: 12 (1) Have access to, and require the production of, books 13 and papers, documents and physical evidence pertinent to any 14 matter under investigation. 15 (2) Require any person holding a permit to establish and 16 maintain such records and make such reports and furnish such 17 information as the department may prescribe. 18 (3) Have the authority to enter any building, property, 19 premises or place where a storage tank is located for the 20 purposes of making an investigation or inspection necessary 21 to ascertain the compliance or noncompliance by any person 22 with the provisions of this act and the regulations 23 promulgated under this act. In connection with the inspection 24 or investigation, samples may be taken for analysis. If 25 analysis is made of the samples, a copy of the results of the 26 analysis shall be furnished within five business days after 27 receiving the analysis to the person having apparent 28 authority over the building, property, premises or place. 29 (b) Warrants.--An agent or employee of the department may 30 apply for a search warrant to any Commonwealth official 19890S0280B1405 - 50 -
1 authorized to issue a search warrant for the purposes of 2 inspecting or examining any property, building, premises, place, 3 book, record or other physical evidence; of conducting tests; or 4 of taking samples. The warrant shall be issued upon probable 5 cause. It shall be sufficient probable cause to show any of the 6 following: 7 (1) The inspection, examination, test or sampling is 8 pursuant to a general administrative plan to determine 9 compliance with this act. 10 (2) The agent or employee has reason to believe that a 11 violation of this act has occurred or may occur. 12 (3) The agent or employee has been refused access to the 13 property, building, premises, place, book, record or physical 14 evidence or has been prevented from conducting tests or 15 taking samples. 16 Section 1106. Collection of fines, fees, etc. 17 (a) Lien.--All fines, fees, interest and penalties and any 18 other assessments shall be collectible in any manner provided by 19 law for the collection of debts. If the person liable to pay any 20 such amount neglects or refuses to pay the same after demand, 21 the amount, together with interest and any costs that may 22 accrue, shall be a judgment in favor of the Commonwealth upon 23 the property of such person, but only after same has been 24 entered and docketed of record by the prothonotary of the county 25 where the property is situated. The Commonwealth may at any time 26 transmit to the prothonotaries of the respective counties 27 certified copies of all such judgments, and it shall be the duty 28 of each prothonotary to enter and docket the same of record in 29 his office, and to index the same as judgments are indexed, 30 without requiring the payment of costs as a condition precedent 19890S0280B1405 - 51 -
1 to the entry thereof. 2 (b) Deposit of fines.--All fines collected pursuant to 3 sections 1103 and 1104 shall be paid into the Underground 4 Storage Tank Indemnification Fund. 5 Section 1107. Public information. 6 (a) General rule.--Except as provided in subsection (b), 7 records, reports or other information obtained by the department 8 under this act shall be available to the public for inspection 9 or copying during regular business hours. 10 (b) Confidentiality.--The department may, upon request, 11 designate records, reports or information as confidential when 12 the person providing the information demonstrates all of the 13 following: 14 (1) The information contains the trade secrets, 15 processes, operations, style of work or apparatus of a person 16 or is otherwise confidential business information. 17 (2) The information does not relate to public health, 18 safety or welfare, or the environment. 19 (c) Separation of information.--When submitting information 20 under this act, a person shall designate the information which 21 the person believes is confidential or shall submit that 22 information separately from other information being submitted. 23 Section 1108. Relationship to other laws. 24 The department shall take enforcement actions and actions to 25 recover the Commonwealth's costs for undertaking corrective 26 actions under this act before taking actions pursuant to the act 27 of October 18, 1988 (P.L.756, No.108), known as the Hazardous 28 Sites Cleanup Act. 29 CHAPTER 21 30 MISCELLANEOUS PROVISIONS 19890S0280B1405 - 52 -
1 Section 2101. Appropriations. 2 (a) Storage Tank Fund.--The sum of $700,000, or as much 3 thereof as may be necessary, is hereby appropriated to the 4 Storage Tank Fund for the fiscal year July 1, 1988, to June 30, 5 1989. 6 (b) Underground Storage Tank Indemnification Fund.--The sum 7 of $300,000, or as much thereof as may be necessary, is hereby 8 appropriated to the Underground Storage Tank Indemnification 9 Fund for the fiscal year July 1, 1988, to June 30, 1989. 10 Section 2102. Severability. 11 The provisions of this act are severable. If any provision of 12 this act or its application to any person or circumstance is 13 held invalid, the invalidity shall not affect other provisions 14 or applications of this act which can be given effect without 15 the invalid provision or application. 16 Section 2103. Repeals. 17 The following acts and parts of acts are repealed to the 18 extent specified: 19 Act of June 8, 1911 (P.L.705, No.281), entitled "An act 20 creating the office of Fire Marshal, to be attached to the 21 Department of Public Safety in cities of the first class; 22 prescribing his duties and powers; and providing penalties for 23 violations of the provisions of the act; and providing for the 24 method of appointment, compensation, and for the maintenance of 25 his office," insofar as it is inconsistent with this act, only 26 to the extent that this act provides coverage over the same 27 class of storage tanks and materials. 28 Act of April 27, 1927 (P.L.450, No.291), referred to as the 29 State Fire Marshal Law, insofar as the authority of the State 30 Fire Marshal and the Pennsylvania State Police are to adopt and 19890S0280B1405 - 53 -
1 enforce rules and regulations governing the use, storage and 2 sale and retention of gasoline, naphthalene, kerosene, fuel oil 3 or other substances of like character, only to the extent that 4 this act provides coverage over the same class of storage tanks 5 and materials. 6 Act of July 28, 1953 (P.L.723, No.230), known as the Second 7 Class County Code, insofar as it is inconsistent with this act, 8 only to the extent that this act provides coverage over the same 9 class of storage tanks and materials. 10 Act of November 26, 1978 (P.L.1300, No.314), known as the 11 Underground Storage Act, insofar as it is inconsistent with this 12 act. 13 Section 2104. Effective date. 14 This act shall take effect in 30 days. 15 CHAPTER 1 <-- 16 GENERAL PROVISIONS 17 SECTION 101. SHORT TITLE. 18 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE STORAGE TANK 19 AND SPILL PREVENTION ACT. 20 SECTION 102. LEGISLATIVE FINDINGS. 21 (A) FINDINGS ENUMERATED.--THE GENERAL ASSEMBLY OF THE 22 COMMONWEALTH FINDS AND DECLARES THAT: 23 (1) THE LANDS AND WATERS OF THIS COMMONWEALTH CONSTITUTE 24 A UNIQUE AND IRREPLACEABLE RESOURCE FROM WHICH THE WELL-BEING 25 OF THE PUBLIC HEALTH AND ECONOMIC VITALITY OF THIS 26 COMMONWEALTH IS ASSURED. 27 (2) THESE RESOURCES HAVE BEEN CONTAMINATED BY RELEASES 28 AND RUPTURES OF REGULATED SUBSTANCES FROM BOTH ACTIVE AND 29 ABANDONED STORAGE TANKS. 30 (3) ONCE CONTAMINATED, THE QUALITY OF THE AFFECTED 19890S0280B1405 - 54 -
1 RESOURCES MAY NOT BE COMPLETELY RESTORED TO THEIR ORIGINAL 2 STATE. 3 (4) WHEN REMEDIAL ACTION IS REQUIRED OR UNDERTAKEN, THE 4 COST IS EXTREMELY HIGH. 5 (5) CONTAMINATION OF GROUNDWATER SUPPLIES CAUSED BY 6 RELEASES FROM STORAGE TANKS CONSTITUTES A GRAVE THREAT TO THE 7 HEALTH OF AFFECTED RESIDENTS. 8 (6) CONTAMINATION OF THESE RESOURCES MUST BE PREVENTED 9 THROUGH IMPROVED SAFEGUARDS ON THE INSTALLATION AND 10 CONSTRUCTION OF STORAGE TANKS. 11 (B) DECLARATION.--THE GENERAL ASSEMBLY DECLARES THESE 12 STORAGE TANK DISCHARGES RELEASES TO BE A THREAT TO THE PUBLIC <-- 13 HEALTH AND SAFETY OF THIS COMMONWEALTH AND HEREBY EXERCISES THE 14 POWER OF THE COMMONWEALTH TO PREVENT THE OCCURRENCE OF THESE 15 DISCHARGES RELEASES THROUGH THE ESTABLISHMENT OF A REGULATORY <-- 16 SCHEME FOR THE STORAGE OF REGULATED SUBSTANCES IN NEW AND 17 EXISTING STORAGE TANKS AND TO PROVIDE LIABILITY FOR DAMAGES 18 SUSTAINED WITHIN THIS COMMONWEALTH AS A RESULT OF A DISCHARGE <-- 19 RELEASE AND TO REQUIRE PROMPT CLEANUP AND REMOVAL OF SUCH <-- 20 POLLUTION AND DISCHARGED RELEASED REGULATED SUBSTANCE. <-- 21 SECTION 103. DEFINITIONS. 22 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 23 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 24 CONTEXT CLEARLY INDICATES OTHERWISE: 25 "ABOVEGROUND STORAGE TANK." ANY ONE OR COMBINATION OF TANKS <-- 26 STATIONARY TANKS WITH A CAPACITY IN EXCESS OF 250 GALLONS, <-- 27 INCLUDING UNDERGROUND PIPES AND DISPENSING SYSTEMS CONNECTED 28 THERETO WITHIN THE STORAGE TANK FACILITY, WHICH IS OR WAS USED <-- 29 TO CONTAIN AN ACCUMULATION OF REGULATED SUBSTANCES, AND THE 30 VOLUME OF WHICH, INCLUDING THE VOLUME OF ALL PIPING CONNECTED <-- 19890S0280B1405 - 55 -
1 THERETO WITHIN THE STORAGE TANK FACILITY, IS GREATER THAN 90% <-- 2 ABOVE THE SURFACE OF THE GROUND. THE TERM INCLUDES ANY TANK 3 WHICH CAN BE VISUALLY INSPECTED, FROM THE EXTERIOR, IN AN 4 UNDERGROUND AREA. THE TERM SHALL NOT INCLUDE ANY OF THE 5 FOLLOWING: 6 (1) A FARM, MUNICIPAL OR RESIDENTIAL TANK OF 1,100 <-- 7 GALLONS OR LESS CAPACITY USED FOR STORING MOTOR FUEL FOR 8 NONCOMMERCIAL PURPOSES. 9 (2) A TANK OF 1,100 GALLONS OR LESS CAPACITY USED FOR <-- 10 STORING RESIDENTIAL HEATING OIL FOR CONSUMPTIVE USE ON THE <-- 11 PREMISES WHERE STORED. 12 (3) A PIPELINE FACILITY, INCLUDING GATHERING LINES, 13 REGULATED UNDER: 14 (I) THE NATURAL GAS PIPELINE SAFETY ACT OF 1968 15 (PUBLIC LAW 90-481, 82 STAT. 720, 49 U.S.C. APP. § 1671 16 ET SEQ.). 17 (II) THE HAZARDOUS LIQUID PIPELINE SAFETY ACT OF 18 1979 (PUBLIC LAW 96-129, 93 STAT. 989, 49 U.S.C. § 2001 19 ET SEQ.); OR 20 (III) AN INTERSTATE OR INTRASTATE PIPELINE FACILITY <-- 21 REGULATED UNDER STATE LAWS COMPARABLE TO THE PROVISIONS 22 OF LAW REFERRED TO IN SUBPARAGRAPH (I) OR (II). 23 (4) A SURFACE IMPOUNDMENT, PIT, POND OR LAGOON. 24 (5) A STORM WATER OR WASTEWATER COLLECTION SYSTEM. 25 (6) A FLOW-THROUGH PROCESS TANK, INCLUDING BUT NOT 26 LIMITED TO, A PRESSURE VESSEL OR PROCESS VESSEL AND OIL AND 27 WATER SEPARATORS. 28 (7) A NONSTATIONARY TANK LIQUID TRAP OR ASSOCIATED 29 GATHERING LINES DIRECTLY RELATED TO OIL AND GAS PRODUCTION OR 30 GATHERING OPERATIONS. 19890S0280B1405 - 56 -
1 (8) TANKS WHICH ARE USED TO STORE BRINES, CRUDE OIL, 2 DRILLING OR FRAC FLUIDS AND SIMILAR SUBSTANCES OR MATERIALS 3 AND ARE DIRECTLY RELATED TO THE EXPLORATION, DEVELOPMENT OR <-- 4 PRODUCTION OF CRUDE OIL OR NATURAL GAS REGULATED UNDER THE 5 ACT OF DECEMBER 19, 1984 (P.L.1140, NO.223), KNOWN AS THE OIL 6 AND GAS ACT. 7 (9) TANKS REGULATED UNDER THE ACT OF MAY 31, 1945 8 (P.L.1198, NO.418), KNOWN AS THE SURFACE MINING CONSERVATION 9 AND RECLAMATION ACT. 10 (10) TANKS USED FOR THE STORAGE OF PRODUCTS WHICH ARE 11 REGULATED PURSUANT TO THE FEDERAL FOOD, DRUG, AND COSMETIC 12 ACT (52 STAT. 1040, 21 U.S.C. § 301 ET SEQ.). 13 (11) TANKS PERMITTED PURSUANT TO THE ACT OF JULY 7, 1980 14 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT, 15 INCLUDING, BUT NOT LIMITED TO, PIPING, TANKS, COLLECTION AND 16 TREATMENT SYSTEMS USED FOR LEACHATE, METHANE GAS AND METHANE 17 GAS CONDENSATE MANAGEMENT. 18 (12) A TANK OF 1,100 GALLONS OR LESS IN CAPACITY LOCATED <-- 19 ON A FARM USED SOLELY TO STORE OR CONTAIN SUBSTANCES THAT ARE 20 USED TO FACILITATE THE PRODUCTION OF CROPS, LIVESTOCK AND 21 LIVESTOCK PRODUCTS ON SUCH FARM. 22 (13) TANKS WHICH ARE USED TO STORE PROPANE GAS. <-- 23 (12) (14) ANY OTHER TANK EXCLUDED BY POLICY OR <-- 24 REGULATIONS PROMULGATED PURSUANT TO THIS ACT. 25 THE TERM SHALL NOT INCLUDE ANY PIPES CONNECTED TO ANY TANK 26 DESCRIBED IN PARAGRAPHS (1) THROUGH (11) (13). <-- 27 "ABOVEGROUND STORAGE TANK FACILITY EMERGENCY RESPONSE PLAN." <-- 28 EMERGENCY PLANS AND PROCEDURES DEVELOPED BY THE LOCAL AND COUNTY 29 EMERGENCY MANAGEMENT AGENCY FOR COUNTY-MUNICIPAL GOVERNMENT AND 30 COMMUNITY RESPONSE TO AN ACCIDENT OR SPILL AT AN ABOVEGROUND 19890S0280B1405 - 57 -
1 STORAGE TANK FACILITY.
2 "CATHODIC PROTECTION." A TECHNIQUE TO PREVENT CORROSION OF A
3 METAL SURFACE BY MAKING THAT SURFACE THE CATHODE OF AN
4 ELECTROCHEMICAL CELL.
5 "CERTIFIED INSPECTOR." A PERSON CERTIFIED BY THE DEPARTMENT
6 TO CONDUCT ENVIRONMENTAL AUDITS AND INSPECTIONS OF TANKS OR TANK
7 FACILITIES. A CERTIFIED INSPECTOR SHALL NOT BE AN EMPLOYEE OF A
8 TANK OWNER.
9 "CERTIFIED INSTALLER." A PERSON CERTIFIED BY THE DEPARTMENT
10 TO INSTALL, ERECT, CONSTRUCT, MODIFY OR REMOVE STORAGE TANKS. A
11 CERTIFIED INSTALLER MAY BE AN EMPLOYEE OF A TANK OWNER.
12 "COMMERCIAL HEATING OIL STORAGE TANK." UNDERGROUND STORAGE
13 TANK IN EXCESS OF 3,000 GALLONS USED FOR STORAGE OF HEATING OIL
14 FOR THE CONSUMPTIVE USE OF THE PREMISES WHERE STORED.
15 "COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND
16 LIABILITY ACT OF 1980." PUBLIC LAW 96-510, 94 STAT. 2767.
17 "CORRECTIVE ACTION." THE TERM SHALL INCLUDE THE FOLLOWING:
18 (1) CONTAINING, ASSESSING OR INVESTIGATING A RELEASE.
19 (2) REMOVING A RELEASE OR ANY MATERIAL AFFECTED BY A
20 RELEASE.
21 (3) TAKING MEASURES TO PREVENT, MITIGATE, ABATE OR
22 REMEDY RELEASES, POLLUTION AND POTENTIAL FOR POLLUTION,
23 NUISANCES AND DAMAGES TO THE PUBLIC HEALTH, SAFETY OR
24 WELFARE, INCLUDING, BUT NOT LIMITED TO, WATERS OF THIS
25 COMMONWEALTH, INCLUDING SURFACE WATER AND GROUNDWATER, PUBLIC
26 AND PRIVATE PROPERTY, SHORELINES, BEACHES, WATER COLUMNS AND
27 BOTTOM SEDIMENTS, SOILS AND OTHER AFFECTED PROPERTY,
28 INCLUDING WILDLIFE AND OTHER NATURAL RESOURCES.
29 (4) TAKING ACTIONS TO PREVENT, ABATE, MITIGATE OR
30 RESPOND TO A VIOLATION OF THIS ACT.
19890S0280B1405 - 58 -
1 (5) TEMPORARILY OR PERMANENTLY RELOCATING RESIDENTS, 2 PROVIDING ALTERNATIVE WATER SUPPLIES OR UNDERTAKING AN <-- 3 EXPOSURE ASSESSMENT. 4 (6) DOES NOT INCLUDE THE COST OF ROUTINE INSPECTIONS, <-- 5 ROUTINE INVESTIGATIONS AND PERMIT ACTIVITIES NOT ASSOCIATED 6 WITH A RELEASE. 7 "DEPARTMENT." THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OF 8 THE COMMONWEALTH. 9 "ENVIRONMENTAL HEARING BOARD." THE BOARD ESTABLISHED 10 PURSUANT TO THE ACT OF JULY 13, 1988 (P.L.530, NO.94), KNOWN AS 11 THE ENVIRONMENTAL HEARING BOARD ACT. 12 "ENVIRONMENTAL QUALITY BOARD." THE BOARD ESTABLISHED 13 PURSUANT TO SECTION 1920-A OF THE ACT OF APRIL 9, 1929 (P.L.177, 14 NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929, FOR THE 15 PURPOSES SET FORTH IN THAT SECTION. 16 "EXPOSURE ASSESSMENT." AN ASSESSMENT TO DETERMINE THE EXTENT 17 OF EXPOSURE OF, OR POTENTIAL FOR EXPOSURE OF, INDIVIDUALS, THE 18 BIOLOGICAL COMMUNITY AND ALL OTHER NATURAL RESOURCES TO RELEASES 19 FROM A STORAGE TANK BASED ON, BUT NOT LIMITED TO, SUCH FACTORS 20 AS THE NATURE AND EXTENT OF CONTAMINATION AND THE EXISTENCE OF 21 OR POTENTIAL FOR PATHWAYS OF HUMAN EXPOSURE (INCLUDING 22 GROUNDWATER OR SURFACE WATER CONTAMINATION, AIR EMISSIONS, SOIL 23 CONTAMINATION AND FOOD CHAIN CONTAMINATION), THE SIZE OF THE 24 COMMUNITY WITHIN THE LIKELY PATHWAYS OF EXPOSURE AND THE 25 COMPARISON OF EXPECTED HUMAN EXPOSURE LEVELS TO THE SHORT-TERM 26 AND LONG-TERM HEALTH EFFECTS ASSOCIATED WITH IDENTIFIED 27 CONTAMINANTS. 28 "FARM." LAND USED FOR THE PRODUCTION FOR COMMERCIAL PURPOSES 29 OF CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS, INCLUDING THE 30 PROCESSING OF RETAIL MARKETING OF SUCH CROPS, LIVESTOCK OR 19890S0280B1405 - 59 -
1 LIVESTOCK PRODUCTS IF MORE THAN 50% OF SUCH PROCESSED OR 2 MERCHANDISED PRODUCTS ARE PRODUCED BY THE FARM OPERATOR. "CROPS, 3 LIVESTOCK AND LIVESTOCK PRODUCTS" INCLUDE, BUT ARE NOT LIMITED 4 TO: 5 (1) FIELD CROPS, INCLUDING CORN, WHEAT, OATS, RYE, 6 BARLEY, HAY, POTATOES AND DRY BEANS. 7 (2) FRUITS, INCLUDING APPLES, PEACHES, GRAPES, CHERRIES 8 AND BERRIES. 9 (3) VEGETABLES, INCLUDING TOMATOES, SNAP BEANS, CABBAGE, 10 CARROTS, BEATS, ONIONS AND MUSHROOMS. 11 (4) HORTICULTURAL SPECIALTIES, INCLUDING NURSERY STOCK, 12 ORNAMENTAL SHRUBS, ORNAMENTAL TREES AND FLOWERS. 13 (5) LIVESTOCK AND LIVESTOCK PRODUCTS, INCLUDING CATTLE, 14 SHEEP, HOGS, GOATS, HORSES, POULTRY, FURBEARING ANIMALS, 15 MILK, EGGS AND FURS. 16 (6) AQUATIC PLANTS AND ANIMALS AND THEIR BY-PRODUCTS. 17 "HAZARDOUS LIQUID PIPELINE SAFETY ACT OF 1979." PUBLIC LAW 18 96-129, 93 STAT. 989, 49 U.S.C. § 2001 ET SEQ. 19 "MONITORING SYSTEM." A SYSTEM CAPABLE OF DETECTING RELEASES 20 IN CONNECTION WITH AN ABOVEGROUND OR UNDERGROUND STORAGE TANK. 21 "NATURAL GAS PIPELINE SAFETY ACT OF 1968." PUBLIC LAW 90- 22 481, 82 STAT. 720, 49 U.S.C. APP. § 1671 ET SEQ. 23 "OPERATOR." ANY PERSON WHO MANAGES, SUPERVISES, ALTERS, 24 CONTROLS, OR HAS RESPONSIBILITY FOR THE OPERATION OF A STORAGE 25 TANK. 26 "OWNER." 27 (1) IN THE CASE OF A STORAGE TANK IN USE ON THE 28 EFFECTIVE DATE OF THIS ACT, OR BROUGHT INTO USE AFTER THAT 29 DATE, ANY PERSON WHO OWNS OR HAS AN OWNERSHIP INTEREST, <-- 30 EITHER LEGAL OR EQUITABLE, IN A STORAGE TANK USED FOR THE 19890S0280B1405 - 60 -
1 STORAGE, CONTAINMENT, USE OR DISPENSING OF REGULATED
2 SUBSTANCES.
3 (2) IN THE CASE OF A AN ABOVEGROUND STORAGE TANK IN USE <--
4 BEFORE THE EFFECTIVE DATE OF THIS ACT, BUT NO LONGER IN USE
5 ON THE EFFECTIVE DATE OF THIS ACT, ANY PERSON WHO OWNED THE
6 ABOVEGROUND TANK, IMMEDIATELY BEFORE THE DISCONTINUANCE OF <--
7 ITS USE, AS WELL AS ANY PERSON WHO MEETS THE DEFINITION OF
8 OWNER IN PARAGRAPH (1).
9 (3) IN THE CASE OF AN UNDERGROUND STORAGE TANK, THE <--
10 OWNER OF AN UNDERGROUND STORAGE TANK HOLDING REGULATED
11 SUBSTANCES ON OR AFTER NOVEMBER 8, 1984, AND THE OWNER OF AN
12 UNDERGROUND STORAGE TANK AT THE TIME ALL REGULATED SUBSTANCES
13 WERE REMOVED WHEN REMOVAL OCCURRED PRIOR TO NOVEMBER 8, 1984.
14 "PERSON." ANY INDIVIDUAL, PARTNERSHIP, CORPORATION,
15 ASSOCIATION, JOINT VENTURE, CONSORTIUM, INSTITUTION, TRUST,
16 FIRM, JOINT-STOCK COMPANY, COOPERATIVE ENTERPRISE, MUNICIPALITY,
17 MUNICIPAL AUTHORITY, FEDERAL GOVERNMENT OR AGENCY, COMMONWEALTH
18 DEPARTMENT, AGENCY, BOARD, COMMISSION, OR AUTHORITY, OR ANY
19 OTHER LEGAL ENTITY WHATSOEVER WHICH IS RECOGNIZED BY LAW AS THE
20 SUBJECT OF RIGHTS AND DUTIES. IN ANY PROVISIONS OF THIS ACT
21 PRESCRIBING A FINE, IMPRISONMENT OR PENALTY, OR ANY COMBINATION
22 OF THE FOREGOING, THE TERM "PERSON" SHALL INCLUDE THE OFFICERS
23 AND DIRECTORS OF ANY CORPORATION OR OTHER LEGAL ENTITY HAVING
24 OFFICERS AND DIRECTORS.
25 "PRESSURE VESSEL." A VESSEL USED IN INDUSTRIAL PROCESSES
26 DESIGNED TO WITHSTAND PRESSURES ABOVE 15 PSIG.
27 "PROCESS VESSEL." A VESSEL IN INDUSTRIAL OR COMMERCIAL
28 OPERATION IN WHICH, DURING USE, THERE IS A MECHANICAL, PHYSICAL
29 OR CHEMICAL CHANGE OF THE CONTAINED SUBSTANCES TAKING PLACE. THE
30 INDUSTRIAL OR COMMERCIAL PROCESS MAY INCLUDE, BUT IS NOT LIMITED
19890S0280B1405 - 61 -
1 TO, MIXING, SEPARATING, CHEMICALLY ALTERING, DEHYDRATING, 2 EXTRACTING, REFINING OR POLISHING OF THE SUBSTANCES IN THE TANK. 3 THE TERM DOES NOT INCLUDE TANKS USED ONLY TO STORE SUBSTANCES 4 PRIOR TO SALE OR TO STORE FEEDSTOCK PRIOR TO ADDITIONAL 5 PROCESSING. 6 "REGULATED SUBSTANCE." AN ELEMENT, COMPOUND, MIXTURE, 7 SOLUTION OR SUBSTANCE THAT, WHEN RELEASED INTO THE ENVIRONMENT, 8 MAY PRESENT SUBSTANTIAL DANGER TO THE PUBLIC HEALTH, WELFARE OR 9 THE ENVIRONMENT. THE TERM INCLUDES: WHICH IS: <-- 10 (1) ANY ANY SUBSTANCE DEFINED AS A HAZARDOUS SUBSTANCE <-- 11 IN SECTION 101(14) OF THE COMPREHENSIVE ENVIRONMENTAL 12 RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (PUBLIC LAW 13 96-510, 94 STAT. 2767), BUT NOT INCLUDING ANY SUBSTANCE 14 REGULATED AS A HAZARDOUS WASTE UNDER SUBTITLE C OF THE 15 RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (PUBLIC LAW 16 94-580, 42 U.S.C. § 6901 ET SEQ.).; <-- 17 (2) PETROLEUM PETROLEUM, INCLUDING CRUDE OIL OR ANY <-- 18 FRACTION THEREOF AND HYDROCARBONS WHICH ARE LIQUID AT 19 STANDARD CONDITIONS OF TEMPERATURE AND PRESSURE (60 DEGREES 20 FAHRENHEIT AND 14.7 POUNDS PER SQUARE INCH ABSOLUTE), 21 INCLUDING, BUT NOT LIMITED TO, OIL, PETROLEUM, FUEL OIL, OIL 22 SLUDGE, OIL REFUSE, OIL MIXED WITH OTHER NONHAZARDOUS WASTES 23 AND CRUDE OILS, GASOLINE AND KEROSENE.; AND <-- 24 (3) ANY ANY OTHER SUBSTANCE DETERMINED BY THE DEPARTMENT <-- 25 BY REGULATION WHOSE CONTAINMENT, STORAGE, USE OR DISPENSING 26 MAY PRESENT A HAZARD TO THE PUBLIC HEALTH AND SAFETY OR THE 27 ENVIRONMENT, BUT NOT INCLUDING GASEOUS SUBSTANCES USED <-- 28 EXCLUSIVELY FOR THE ADMINISTRATION OF MEDICAL CARE. 29 THE TERM DOES NOT INCLUDE THE STORAGE OR USE OF ANIMAL WASTE IN 30 NORMAL AGRICULTURAL PRACTICES. 19890S0280B1405 - 62 -
1 "RELEASE." ANY SPILLING, LEAKING, EMITTING, DISCHARGING,
2 ESCAPING, LEACHING OR DISPOSING FROM A STORAGE TANK INTO SURFACE
3 WATERS AND GROUNDWATERS OF THIS COMMONWEALTH OR SOILS OR
4 SUBSURFACE SOILS OR CONTAINMENT STRUCTURES OR FACILITIES IN AN <--
5 AMOUNT EQUAL TO OR GREATER THAN THE REPORTABLE RELEASED QUANTITY
6 DETERMINED UNDER SECTION 102 OF THE COMPREHENSIVE ENVIRONMENTAL
7 RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AND
8 REGULATIONS PROMULGATED THEREUNDER, OR AN AMOUNT EQUAL TO OR
9 GREATER THAN A DISCHARGE AS DEFINED IN SECTION 311 OF THE
10 FEDERAL WATER POLLUTION CONTROL ACT (62 STAT. 1155, 33 U.S.C. §
11 1321) AND REGULATIONS PROMULGATED THEREUNDER. THE TERM SHALL <--
12 ALSO INCLUDE SPILLING, LEAKING, EMITTING, DISCHARGING, ESCAPING,
13 LEACHING OR DISPOSING FROM A STORAGE TANK INTO A CONTAINMENT
14 STRUCTURE OR FACILITY THAT POSES AN IMMEDIATE THREAT OF
15 CONTAMINATION OF THE SOILS, SUBSURFACE SOILS, SURFACEWATER OR
16 GROUNDWATER.
17 "RESOURCE CONSERVATION AND RECOVERY ACT OF 1976." PUBLIC LAW
18 94-580, 42 U.S.C. § 6901 ET SEQ.
19 "SECONDARY CONTAINMENT." AN ADDITIONAL LAYER OF IMPERVIOUS
20 MATERIAL CREATING A SPACE IN WHICH A RELEASE OF A REGULATED
21 SUBSTANCE FROM A STORAGE TANK MAY BE DETECTED BEFORE IT ENTERS
22 THE ENVIRONMENT.
23 "SECRETARY." THE SECRETARY OF ENVIRONMENTAL RESOURCES OF THE
24 COMMONWEALTH.
25 "SMALL ABOVEGROUND STORAGE TANK." ANY ABOVEGROUND STORAGE <--
26 TANK HAVING A CAPACITY EQUAL TO OR LESS THAN 21,000 GALLONS.
27 "SPILL PREVENTION RESPONSE PLAN." EMERGENCY PLANS AND
28 PROCEDURES DEVELOPED BY AN ABOVEGROUND STORAGE TANK OR TANK
29 FACILITY OWNER AND/OR OPERATOR FOR RESPONSE TO AN ACCIDENT OR
30 SPILL ON THE FACILITY BY FACILITY PERSONNEL OR CONTRACTORS.
19890S0280B1405 - 63 -
1 "STATIONARY TANK." ANY ABOVEGROUND STORAGE TANK THAT IS <-- 2 PERMANENTLY AFFIXED TO THE REAL PROPERTY ON WHICH SUCH TANK IS 3 LOCATED. 4 "STORAGE TANK." ANY ABOVEGROUND OR UNDERGROUND STORAGE TANK, <-- 5 VESSEL OR CONTAINMENT STRUCTURE MADE OF NONEARTHEN MATERIALS 6 WHICH IS USED FOR THE STORAGE OF ANY REGULATED SUBSTANCE. 7 "STORAGE TANK FACILITY." ONE OR MORE STATIONARY TANKS, 8 INCLUDING ANY ASSOCIATED INTRAFACILITY PIPELINES, FIXTURES, 9 MONITORING DEVICES AND OTHER EQUIPMENT. A FACILITY MAY INCLUDE 10 ABOVEGROUND TANKS, UNDERGROUND TANKS, OR A COMBINATION OF BOTH. 11 "SUBSTANTIAL MODIFICATION." AN ACTIVITY TO CONSTRUCT, 12 REFURBISH, RESTORE OR REMOVE FROM SERVICE AN EXISTING STORAGE 13 TANK PIPING OR STORAGE TANK FACILITY WHICH ALTERS THE PHYSICAL 14 CONSTRUCTION AND OR INTEGRITY OF THE TANK OR TANK FACILITY OR <-- 15 ITS OPERATION. 16 "UNDERGROUND STORAGE TANK." ANY ONE OR COMBINATION OF TANKS 17 (INCLUDING UNDERGROUND PIPES CONNECTED THERETO) WHICH ARE USED 18 TO CONTAIN AN ACCUMULATION OF REGULATED SUBSTANCES, AND THE 19 VOLUME OF WHICH (INCLUDING THE VOLUME OF THE UNDERGROUND PIPES 20 CONNECTED THERETO) IS 10% OR MORE BENEATH THE SURFACE OF THE 21 GROUND. THE TERM SHALL NOT INCLUDE: 22 (1) FARM OR RESIDENTIAL TANKS OF 1,100 GALLONS OR LESS 23 CAPACITY USED FOR STORING MOTOR FUEL FOR NONCOMMERCIAL 24 PURPOSES. 25 (2) TANKS OF 3,000 GALLONS OR LESS USED FOR STORING 26 HEATING OIL FOR CONSUMPTIVE USE ON THE PREMISES WHERE STORED. 27 (3) A SEPTIC OR OTHER SUBSURFACE SEWAGE TREATMENT TANK. 28 (4) A PIPELINE FACILITY (INCLUDING GATHERING LINES) 29 REGULATED UNDER: 30 (I) THE NATURAL GAS PIPELINE SAFETY ACT OF 1968 19890S0280B1405 - 64 -
1 (PUBLIC LAW 90-481, 82 STAT. 720, 49 U.S.C. APP. § 1671
2 ET SEQ.).
3 (II) THE HAZARDOUS LIQUID PIPELINE SAFETY ACT OF
4 1979 (PUBLIC LAW 96-129, 93 STAT. 989, 49 U.S.C. § 2001
5 ET SEQ.).
6 (5) AN INTERSTATE OR INTRASTATE PIPELINE FACILITY
7 REGULATED UNDER STATE LAWS COMPARABLE TO THE PROVISIONS OF
8 LAW IN PARAGRAPH (4).
9 (6) SURFACE IMPOUNDMENTS, PITS, PONDS OR LAGOONS.
10 (7) STORM WATER OR WASTEWATER COLLECTION SYSTEMS.
11 (8) FLOW-THROUGH PROCESS TANKS.
12 (9) LIQUID TRAPS OR ASSOCIATED GATHERING LINES DIRECTLY
13 RELATED TO OIL OR GAS PRODUCTION AND GATHERING OPERATIONS.
14 (10) STORAGE TANKS SITUATED IN AN UNDERGROUND AREA
15 (SUCH AS A BASEMENT, CELLAR, MINE WORKING, DRIFT, SHAFT OR
16 TUNNEL) IF THE TANK IS SITUATED UPON OR ABOVE THE SURFACE OF
17 THE FLOOR.
18 (11) TANKS PERMITTED PURSUANT TO THE ACT OF JULY 7, 1980
19 (P.L.380, NO.97), KNOWN AS THE SOLID WASTE MANAGEMENT ACT,
20 INCLUDING, BUT NOT LIMITED TO, PIPING, TANKS, COLLECTION AND
21 TREATMENT SYSTEMS USED FOR LEACHATE, METHANE GAS AND METHANE GAS
22 CONDENSATE MANAGEMENT.
23 (12) ANY UNDERGROUND STORAGE TANK SYSTEM WHOSE CAPACITY <--
24 IS 110 GALLONS OR LESS.
25 (12) (13) ANY OTHER TANK EXCLUDED BY POLICY OR <--
26 REGULATIONS PROMULGATED PURSUANT TO THIS ACT.
27 SECTION 104. API.
28 A REFERENCE IN THIS ACT TO A DOCUMENT PUBLISHED BY "API" IS A
29 REFERENCE TO THE APPROPRIATE TECHNICAL PUBLICATION, INCLUDING
30 APPENDICES, OF THE AMERICAN PETROLEUM INSTITUTE.
19890S0280B1405 - 65 -
1 SECTION 105. ADVISORY COMMITTEE. 2 (A) APPOINTMENT, COMPOSITION, ETC.--A STORAGE TANK ADVISORY 3 COMMITTEE SHALL BE APPOINTED BY THE SECRETARY WITHIN 30 DAYS 4 AFTER THE EFFECTIVE DATE OF THIS ACT. THE COMMITTEE SHALL 5 CONSIST OF NO MORE THAN 11 MEMBERS. FOUR MEMBERS SHALL BE 6 REPRESENTATIVES OF LOCAL GOVERNMENT, THREE MEMBERS SHALL BE 7 REPRESENTATIVES OF THE REGULATED COMMUNITY, ONE MEMBER SHALL BE 8 A REGISTERED PROFESSIONAL ENGINEER WITH THREE YEARS OF 9 EXPERIENCE IN THIS COMMONWEALTH AND THREE MEMBERS SHALL BE 10 REPRESENTATIVES OF THE PUBLIC AT LARGE. MEMBERS SHALL SERVE 11 WITHOUT COMPENSATION OTHER THAN REIMBURSEMENT FOR REASONABLE AND 12 NECESSARY EXPENSES IN ACCORDANCE WITH COMMONWEALTH POLICY OR 13 REGULATIONS AND SHALL SERVE FOR TERMS FIXED BY THE SECRETARY. 14 THE THREE REPRESENTATIVES FROM THE REGULATED COMMUNITY SHALL BE 15 APPOINTED BY THE SECRETARY, ONE EACH FROM A LIST OF THREE 16 NOMINEES PROVIDED BY THE FOLLOWING: 17 (1) THE ASSOCIATED PETROLEUM INDUSTRIES OF PENNSYLVANIA. 18 (2) THE PENNSYLVANIA PETROLEUM ASSOCIATION. 19 (3) THE SERVICE STATION DEALERS AND AUTOMOTIVE REPAIR 20 ASSOCIATION OF PENNSYLVANIA AND DELAWARE AND THE PETROLEUM 21 RETAILERS AND AUTO REPAIR ASSOCIATION, INC. 22 (B) COMMENT ON PROPOSED REGULATIONS.-- <-- 23 (1) THE COMMITTEE SHALL BE PROVIDED WITH THE OPPORTUNITY 24 TO COMMENT DURING THE DEVELOPMENT OF ALL PROPOSED TECHNICAL 25 REGULATIONS OF THE DEPARTMENT PROMULGATED PURSUANT TO THIS 26 ACT. 27 (2) PRIOR TO SUBMISSION OF ANY PROPOSED TECHNICAL 28 REGULATION TO THE ENVIRONMENTAL QUALITY BOARD, THE COMMITTEE 29 SHALL HAVE THE OPPORTUNITY TO SUBMIT, IN A TIMELY FASHION, 30 ITS RECOMMENDATIONS TO THE SECRETARY FOR HIS CONSIDERATION. 19890S0280B1405 - 66 -
1 FAILURE BY THE COMMITTEE TO ACT WITHIN 30 DAYS FROM RECEIPT 2 OF ANY REGULATION PROPOSED BY THE DEPARTMENT SHALL BE DEEMED 3 A FAVORABLE RECOMMENDATION CONCERNING SAID REGULATION BY THE 4 COMMITTEE. 5 (B) REVIEW OF REGULATIONS.--THE DEPARTMENT SHALL CONSULT <-- 6 WITH THE ADVISORY COMMITTEE IN THE FORMULATION, DRAFTING AND 7 PRESENTATION OF ALL REGULATIONS PROMULGATED UNDER THIS ACT. THE 8 ADVISORY COMMITTEE SHALL BE GIVEN A REASONABLE OPPORTUNITY TO 9 REVIEW AND COMMENT ON ALL REGULATIONS PRIOR TO THEIR SUBMISSION 10 TO THE ENVIRONMENTAL QUALITY BOARD FOR CONSIDERATION. THE 11 WRITTEN REPORT OF THE COMMITTEE SHALL BE PRESENTED TO THE 12 ENVIRONMENTAL QUALITY BOARD WITH ANY REGULATORY PROPOSAL. THE 13 CHAIRMAN OF THE COMMITTEE SHALL BE INVITED TO PARTICIPATE IN THE 14 PRESENTATION OF ALL REGULATIONS BEFORE THE ENVIRONMENTAL QUALITY 15 BOARD. NOTHING HEREIN SHALL PRECLUDE ANY MEMBER OF THE COMMITTEE 16 FROM FILING A PETITION FOR RULEMAKING WITH THE ENVIRONMENTAL 17 QUALITY BOARD IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE 18 ENVIRONMENTAL QUALITY BOARD. 19 SECTION 106. POWERS AND DUTIES OF ENVIRONMENTAL QUALITY BOARD. 20 THE ENVIRONMENTAL QUALITY BOARD SHALL HAVE THE POWER AND ITS 21 DUTY SHALL BE TO ADOPT RULES AND REGULATIONS OF THE DEPARTMENT 22 GOVERNING ABOVEGROUND AND UNDERGROUND STORAGE TANKS TO 23 ACCOMPLISH THE PURPOSES AND CARRY OUT THE PROVISIONS OF THIS 24 ACT. 25 SECTION 107. POWERS AND DUTIES OF DEPARTMENT. 26 (A) COOPERATIVE AGREEMENTS.--THE DEPARTMENT IS AUTHORIZED TO 27 ENTER INTO AGREEMENTS, CONTRACTS OR COOPERATIVE ARRANGEMENTS 28 UNDER SUCH TERMS AND CONDITIONS AS MAY BE DEEMED APPROPRIATE, 29 WITH OTHER STATE AGENCIES, FEDERAL AGENCIES, COUNTIES, JOINT <-- 30 COUNTY AUTHORITIES OR MULTIMUNICIPAL AUTHORITIES AND CITIES AND <-- 19890S0280B1405 - 67 -
1 COUNTIES OF THE FIRST AND SECOND CLASS TO DELEGATE ANY OR ALL OF 2 ITS REGULATORY AUTHORITY TO PERMIT, INSPECT, MONITOR AND ENFORCE 3 THIS ACT AND THE UNDERGROUND AND ABOVEGROUND STORAGE TANK 4 PROGRAMS, PROVIDED THAT THE COUNTIES AND CITIES OF THE FIRST AND <-- 5 SECOND CLASS HAVE A STORAGE TANK PROGRAM IN EFFECT THAT IS AT 6 LEAST AS STRINGENT AS THIS ACT. 7 (B) COMPLIANCE POLICY AND PROCEDURE.--THE DEPARTMENT SHALL 8 DEVELOP AND IMPLEMENT POLICIES, PROCEDURES AND FORMS AS MAY BE 9 NECESSARY AND APPROPRIATE IN ORDER TO ADMINISTER AND OBTAIN 10 COMPLIANCE WITH THIS ACT, OR THE RULES AND REGULATIONS 11 PROMULGATED PURSUANT TO THIS ACT, AND PERMITS ISSUED HEREUNDER. 12 (C) PRODUCTION OF MATERIALS, RECORDKEEPING REQUIREMENTS AND 13 RIGHTS OF ENTRY.-- 14 (1) THE DEPARTMENT, ITS AGENTS AND EMPLOYEES ARE 15 AUTHORIZED TO REQUIRE ANY PERSON REGULATED BY THIS ACT TO 16 ESTABLISH AND MAINTAIN SUCH RECORDS AND MAKE SUCH REPORTS AND 17 FURNISH SUCH INFORMATION AS THE DEPARTMENT MAY PRESCRIBE 18 REGARDING ANY MATTER REGULATED BY THIS ACT. 19 (2) THE DEPARTMENT IS AUTHORIZED TO MAKE SUCH 20 INSPECTIONS, CONDUCT SUCH TESTS OR SAMPLING, OR EXAMINE OR 21 REQUIRE PRODUCTION OF BOOKS, PAPERS AND RECORDS, AND PHYSICAL 22 EVIDENCE PERTINENT TO ANY MATTER UNDER INVESTIGATION PURSUANT 23 TO THIS ACT AS IT DEEMS NECESSARY TO DETERMINE COMPLIANCE 24 WITH THIS ACT AND, FOR THIS PURPOSE, THE DULY AUTHORIZED 25 AGENTS AND EMPLOYEES OF THE DEPARTMENT ARE AUTHORIZED TO 26 ENTER AND EXAMINE ANY PROPERTY, FACILITY, OPERATION OR 27 ACTIVITY GOVERNED BY THIS ACT, UPON PRESENTATION OF 28 APPROPRIATE CREDENTIALS, WITHOUT PRIOR NOTICE AT ALL 29 REASONABLE TIMES, DURING REGULAR BUSINESS HOURS OF THE 30 OPERATION AND TIMES WHEN ACTIVITY IS BEING CONDUCTED AT THE 19890S0280B1405 - 68 -
1 SITE. 2 (3) THE OWNER, OPERATOR OR OTHER PERSON IN CHARGE OF 3 SUCH PROPERTY, FACILITY, OPERATION OR ACTIVITY, UPON 4 PRESENTATION OF PROPER IDENTIFICATION AND PURPOSE FOR 5 INSPECTION BY THE AGENTS OR EMPLOYEES OF THE DEPARTMENT, 6 SHALL GIVE SUCH AGENTS AND EMPLOYEES FREE AND UNRESTRICTED 7 ENTRY AND ACCESS AND, UPON REFUSAL TO GRANT SUCH ENTRY OR 8 ACCESS, THE AGENT OR EMPLOYEE MAY OBTAIN A SEARCH WARRANT OR 9 OTHER SUITABLE ORDER FOR THE PURPOSES OF INSPECTING, 10 EXAMINING AND SEIZING ANY PROPERTY, BUILDING, PREMISES, 11 PLACE, BOOK, RECORD OR OTHER PHYSICAL EVIDENCE, AND FOR THE 12 PURPOSES OF CONDUCTING TESTS AND TAKING SAMPLES. SUCH 13 WARRANTS SHALL BE ISSUED UPON PROBABLE CAUSE. IT SHALL BE 14 SUFFICIENT PROBABLE CAUSE TO SHOW ANY ONE OF THE FOLLOWING: 15 (I) THE INSPECTION, EXAMINATION, TEST OR SAMPLING IS 16 PURSUANT TO A GENERAL ADMINISTRATIVE PLAN TO DETERMINE 17 COMPLIANCE WITH THIS ACT. 18 (II) THE AGENT OR EMPLOYEE HAS REASON TO BELIEVE 19 THAT A VIOLATION OF THIS ACT HAS OCCURRED OR IS LIKELY TO 20 OCCUR. 21 (III) THE AGENT OR EMPLOYEE HAS BEEN REFUSED ACCESS 22 TO THE PROPERTY, BUILDING, PREMISES, PLACE, BOOK, RECORD 23 OR OTHER PHYSICAL EVIDENCE ON SITES OR PERTAINING TO 24 MATTERS GOVERNED BY THIS ACT OR HAS BEEN PREVENTED FROM 25 CONDUCTING TESTS OR OBTAINING PHYSICAL EVIDENCE WHICH 26 ACTIVITIES ARE NECESSARY TO DETERMINE COMPLIANCE OR TO 27 RESPOND TO A VIOLATION OF THIS ACT. 28 (IV) THE OBJECT OF THE INVESTIGATION IS SUBJECT TO 29 REGULATION UNDER THIS ACT AND ACCESS, EXAMINATION, 30 INSPECTION OR TESTING IS NECESSARY TO ENFORCE THE 19890S0280B1405 - 69 -
1 PROVISIONS OF THIS ACT. 2 (D) CERTIFICATION PROGRAM.--THE DEPARTMENT SHALL HAVE THE 3 AUTHORITY TO ESTABLISH, BY REGULATION, A CERTIFICATION AND 4 LICENSING PROGRAM FOR INSTALLERS AND INSPECTORS OF STORAGE TANKS 5 AND STORAGE TANK FACILITIES, INCLUDING PROCEDURES FOR THE 6 SUSPENSION AND REVOCATION OF CERTIFICATIONS. 7 (E) REVOCATION.--THE DEPARTMENT SHALL HAVE THE POWER TO 8 REVOKE ANY PERMIT, CERTIFICATION OR REGISTRATION PROVIDED FOR IN 9 THIS ACT FOR ANY VIOLATION OF THIS ACT OR THE REGULATIONS 10 PROMULGATED HEREUNDER. 11 (F) ENFORCEMENT.--THE DEPARTMENT SHALL HAVE THE AUTHORITY TO 12 ISSUE ORDERS, ASSESS CIVIL PENALTIES, INSTITUTE ENFORCEMENT 13 PROCEEDINGS AND PROSECUTE VIOLATIONS OF THIS ACT AS DEEMED BY 14 THE DEPARTMENT TO BE NECESSARY AND APPROPRIATE. 15 (G) CORRECTIVE ACTION.--THE DEPARTMENT SHALL HAVE THE 16 AUTHORITY TO ORDER CORRECTIVE ACTION TO BE UNDERTAKEN, TO TAKE 17 CORRECTIVE ACTION OR TO AUTHORIZE A THIRD PARTY TO TAKE 18 CORRECTIVE ACTION. 19 (H) COST RECOVERY.--THE DEPARTMENT SHALL HAVE THE AUTHORITY 20 TO RECOVER THE COSTS OF TAKING OR AUTHORIZING THIRD PARTIES TO 21 TAKE CORRECTIVE ACTION. COST RECOVERY SHALL NOT INCLUDE THE COST 22 OF ROUTINE INSPECTION AND PERMITTING ACTIVITIES NOT ASSOCIATED 23 WITH A RELEASE. 24 SECTION 108. INTERIM CERTIFICATION OF INSTALLERS AND 25 INSPECTORS. 26 (A) CERTIFICATION.--UNTIL SUCH TIME AS THE DEPARTMENT ADOPTS 27 REGULATIONS FOR THE CERTIFICATION OF INSTALLERS AND INSPECTORS 28 OF STORAGE TANKS, ANY PERSON MAY BE CERTIFIED BY THE DEPARTMENT 29 ON AN INTERIM BASIS BY COMPLYING WITH ALL OF THE FOLLOWING: 30 (1) THE PERSON MUST FILE A COMPLETE APPLICATION FOR AN 19890S0280B1405 - 70 -
1 INTERIM CERTIFICATION WITH THE DEPARTMENT, WITH THE 2 APPROPRIATE REQUIRED INFORMATION. 3 (2) THE PERSON MUST DEMONSTRATE THAT HE OR SHE HAS BEEN 4 SUCCESSFULLY TRAINED BY THE MANUFACTURER IN THE INSTALLATION 5 OF ALL THE EQUIPMENT, DEVICES AND OTHER RELATED PRODUCTS USED 6 IN THE INSTALLATION OF A STORAGE TANK FACILITY AND/OR HAS 7 EQUIVALENT EXPERTISE THROUGH EDUCATION. 8 (3) THE PERSON HAS SUCCESSFULLY COMPLETED A FORMALIZED 9 TRAINING PROGRAM CONDUCTED BY THE MANUFACTURER FOR ALL 10 INSTALLERS AND INSPECTORS. 11 (4) THE PERSON DEMONSTRATES THAT ALL INSTALLATIONS OF 12 STORAGE TANKS AND RELATED EQUIPMENT ARE INSTALLED ACCORDING 13 TO THE MANUFACTURER'S TECHNICAL SPECIFICATIONS AND MANUALS. 14 (5) THE PERSON MAINTAINS ALL APPLICABLE TECHNICAL 15 SPECIFICATIONS AND MANUALS WHICH GOVERN THE INSTALLATION AND 16 OPERATION OF TANK FACILITIES. THE PERSON SHALL MAKE THIS 17 INFORMATION AVAILABLE TO THE DEPARTMENT UPON REQUEST. 18 (6) THE PERSON FILES COMPLETED DOCUMENTATION WITH THE 19 DEPARTMENT FOR ALL CERTIFIED INSTALLATIONS AND INSPECTIONS OF 20 TANK FACILITIES ATTESTING TO COMPLIANCE WITH REQUIREMENTS OF 21 THE ACT. 22 (7) THE PERSON REPORTS TO THE DEPARTMENT THE EXTENT OF 23 VISIBLE CONTAMINATION FROM REGULATED SUBSTANCES AT THE SITE 24 OF THE TANK INSTALLATION, ON A FORM PROVIDED BY THE 25 DEPARTMENT. 26 (B) REVOCATION, SUSPENSION, ETC.--THE DEPARTMENT MAY REVOKE 27 OR SUSPEND INTERIM INSTALLER OR INSPECTOR CERTIFICATION FOR GOOD 28 CAUSE, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO: 29 (1) THE INSTALLATION OF A TANK AND RELATED EQUIPMENT IS 30 NOT IN ACCORDANCE WITH ALL APPLICABLE TECHNICAL 19890S0280B1405 - 71 -
1 SPECIFICATIONS AND PROCEDURES OF THE MANUFACTURER. 2 (2) THE INSTALLATION HAS PRESENTED OR DOES PRESENT A 3 FIRE SAFETY HAZARD, POLLUTION, THREAT OF POLLUTION, OR HAZARD 4 TO THE PUBLIC HEALTH, SAFETY AND WELFARE. 5 (3) THE CERTIFIED INSTALLER OR INSPECTOR HAS FALSIFIED 6 INFORMATION IN SUBSECTION (A) OR HAS FAILED TO COMPLY WITH 7 THE REQUIREMENTS OF SUBSECTION (A). 8 (4) THE CERTIFIED INSPECTOR HAS FAILED TO IDENTIFY OR 9 REPORT ANY CONDITION OR PROCEDURE: 10 (I) THAT IS NOT IN ACCORDANCE WITH THE 11 MANUFACTURER'S TECHNICAL AND PROCEDURAL SPECIFICATIONS 12 FOR THE INSTALLATION, CONSTRUCTION OR OPERATION OF A TANK 13 OR TANK FACILITY. 14 (II) THAT IS NOT IN ACCORDANCE WITH THE PROVISIONS 15 OF THIS ACT AND ANY REGULATIONS ADOPTED PURSUANT TO THIS 16 ACT. 17 (III) THAT PRESENTS A POLLUTION, THREAT OF 18 POLLUTION, OR HARM TO THE PUBLIC HEALTH, SAFETY AND 19 WELFARE. 20 (C) GUIDELINES.--THE DEPARTMENT SHALL DEVELOP THE INTERIM <-- 21 CERTIFICATION PROGRAM WHICH SHALL EXPIRE 24 MONTHS AFTER THE 22 EFFECTIVE DATE OF THIS ACT. 23 SECTION 109. CONSTRUCTION. 24 THIS ACT AND THE REGULATIONS PROMULGATED UNDER THIS ACT SHALL 25 BE LIBERALLY CONSTRUED IN ORDER TO FULLY PROTECT THE PUBLIC 26 HEALTH, WELFARE AND SAFETY OF THE RESIDENTS OF THIS 27 COMMONWEALTH. 28 SECTION 110. APPLICABILITY OF CERTAIN PROVISIONS TO THE <-- 29 COMMONWEALTH. 30 A COMMONWEALTH DEPARTMENT, AGENCY, BOARD, COMMISSION OR 19890S0280B1405 - 72 -
1 AUTHORITY SHALL NOT BE REQUIRED TO PARTICIPATE IN THE 2 UNDERGROUND STORAGE TANK INDEMNIFICATION FUND OR TO PAY 3 REGISTRATION OR PERMIT FEES REQUIRED UNDER THIS ACT, UNTIL AND 4 UNLESS REGULATIONS ARE PROMULGATED THAT DIRECT OTHERWISE. 5 CHAPTER 3 6 ABOVEGROUND STORAGE TANKS 7 SECTION 301. ABOVEGROUND STORAGE TANK REQUIREMENTS. 8 (A) MINIMUM PROGRAM REQUIREMENTS.--THE DEPARTMENT SHALL, BY 9 REGULATION, ADOPT AND IMPLEMENT AN ABOVEGROUND STORAGE TANK 10 PROGRAM THAT, AT A MINIMUM, REQUIRES ALL OF THE FOLLOWING: 11 (1) THE PAYMENT OF AN ANNUAL REGISTRATION FEE TO THE 12 DEPARTMENT BY ABOVEGROUND STORAGE TANK OWNERS. 13 (2) METHODS AND PROCEDURES FOR THE OPERATION OF 14 ABOVEGROUND STORAGE TANKS AND THE EARLY DETECTION, BY OWNERS, 15 OF RELEASES OR POTENTIAL RELEASES, INCLUDING TESTING ON NEW 16 OR SUBSTANTIALLY MODIFIED ABOVEGROUND STORAGE TANKS AND OUT- 17 OF-SERVICE INSPECTION AT LEAST ONCE EVERY TEN YEARS FOR 18 EXISTING AND NEW ABOVEGROUND STORAGE TANKS. TESTING OF 19 ABOVEGROUND STORAGE TANKS AFTER INITIAL INSTALLATION MAY BE 20 BY HYDROSTATIC MEANS OR, IN INSTANCES WHERE WASTEWATER WOULD 21 BE GENERATED OR MATERIALS STORED IN THE TANK MIGHT BE WATER 22 REACTIVE, OTHER METHODS OF TESTING SUCH AS THE RADIOACTIVE 23 METHOD, THE MAGNETIC PARTICLE METHOD, THE ULTRASONIC METHOD 24 OR THE LIQUID PENETRANT METHOD, IN ACCORDANCE WITH "API" 25 STANDARDS, MAY BE USED. A NEW ABOVEGROUND STORAGE TANK NOT 26 EXCEEDING 21,000 GALLON CAPACITY MAY MEET THE INITIAL TESTING 27 REQUIREMENTS IF THE TANK IS FULLY ASSEMBLED, INSPECTED AND 28 TESTED AT THE PLANT WHERE IT IS MANUFACTURED. 29 (3) METHODS AND PROCEDURES FOR INVENTORY CONTROL 30 MEASURES BY OWNERS AND OPERATORS, IF APPROPRIATE. <-- 19890S0280B1405 - 73 -
1 (4) THE PERIODIC INSPECTION OF THE LEAK DETECTION 2 SYSTEMS, THE STRUCTURAL INTEGRITY OF THE ABOVEGROUND STORAGE 3 TANK AND ASSOCIATED EQUIPMENT, AND RELEASE PREVENTION 4 MEASURES. 5 (5) CORRECTIVE ACTIONS, BY OWNERS, OPERATORS, LANDOWNERS 6 AND OCCUPIERS, OR OTHER RESPONSIBLE PARTIES, ON AN EMERGENCY 7 BASIS IF NECESSARY, IN RESPONSE TO A RELEASE FROM AN 8 ABOVEGROUND STORAGE TANK. 9 (6) THE REPORTING, BY THE OWNER OR OPERATOR, OF ANY 10 RELEASE AND CORRECTIVE ACTION TAKEN IN RESPONSE TO A RELEASE 11 FROM AN ABOVEGROUND STORAGE TANK. 12 (7) THE MAINTENANCE OF RECORDS, BY OWNERS AND OPERATORS, 13 OF PERIODIC INSPECTIONS OF THE LEAK DETECTION SYSTEMS, 14 INSPECTIONS OF STRUCTURAL INTEGRITY OF THE ABOVEGROUND 15 STORAGE TANK AND ASSOCIATED EQUIPMENT, AND ALL RELEASE 16 PREVENTION MEASURES. 17 (8) MINIMUM STANDARDS FOR THE CONSTRUCTION, TESTING, 18 CORROSION PROTECTION, OPERATION, RELEASE PREVENTION, AND 19 REPAIR AND REUSE OF ABOVEGROUND STORAGE TANKS. 20 (9) A PERMIT, BY RULE, FOR CERTAIN CLASSIFICATIONS OF 21 ABOVEGROUND STORAGE TANKS, INCLUDING SMALL ABOVEGROUND 22 STORAGE TANKS. 23 (10) METHODS AND PROCEDURES FOR THE REMOVAL OF 24 ABOVEGROUND STORAGE TANKS FROM SERVICE BY THE OWNER AND 25 OPERATOR. 26 (11) REQUIREMENTS FOR REPORTING, BY THE OWNER OR 27 OPERATOR, OF THE INTENDED AND COMPLETED CLOSURE OF ANY 28 ABOVEGROUND STORAGE TANK. 29 (B) TANK CLASSIFICATION.--THE DEPARTMENT SHALL HAVE THE 30 AUTHORITY TO ESTABLISH CLASSES AND CATEGORIES OF ABOVEGROUND 19890S0280B1405 - 74 -
1 STORAGE TANKS BY REGULATION, WHICH CLASSES MAY BE REGULATED IN 2 CONSIDERATION OF, AMONG OTHER FACTORS, SIZE, INTENDED USE, 3 CONTENTS AND POTENTIAL RISK OF HARM TO PUBLIC HEALTH AND THE 4 ENVIRONMENT. 5 (C) CERTIFIED INSTALLER AND INSPECTOR PROGRAM.-- 6 (1) THE DEPARTMENT SHALL ESTABLISH, BY REGULATION, A 7 CERTIFICATION PROGRAM FOR INSTALLERS AND INSPECTORS OF 8 ABOVEGROUND STORAGE TANKS, INCLUDING QUALIFICATION STANDARDS, 9 PROCEDURES FOR TRAINING AND TESTING, AND PROCEDURES FOR 10 REVOCATION AND SUSPENSION OF SUCH CERTIFICATES. ALL 11 DEPARTMENT EMPLOYEES ADMINISTERING THIS PROGRAM SHALL BE 12 DEEMED CERTIFIED WHILE IN THE EMPLOYMENT OF THE DEPARTMENT. 13 (2) ABOVEGROUND STORAGE TANKS SHALL ONLY BE INSTALLED BY 14 A CERTIFIED INSTALLER AS PROVIDED BY REGULATIONS OF THE 15 DEPARTMENT. 16 (3) ABOVEGROUND STORAGE TANKS, AS DEEMED NECESSARY BY 17 THE DEPARTMENT, SHALL BE INSPECTED BY A CERTIFIED INSPECTOR 18 PRIOR TO PERMITTING AND FACILITY OPERATION AND AT A FREQUENCY 19 THEREAFTER ESTABLISHED BY THE DEPARTMENT. 20 (D) REQUIREMENTS FOR SMALL ABOVEGROUND STORAGE TANKS.--THE <-- 21 DEPARTMENT SHALL DEVELOP A SIMPLIFIED PROGRAM TO REGULATE SMALL 22 ABOVEGROUND STORAGE TANKS. THE PROGRAM SHALL INCLUDE, BUT NOT BE 23 LIMITED TO: 24 (1) TESTING REQUIREMENTS FOR NEW AND SUBSTANTIALLY 25 MODIFIED SMALL ABOVEGROUND STORAGE TANKS, EXCEPT AS PROVIDED 26 IN SECTION 301(A)(2). 27 (2) PERFORMANCE AND DESIGN STANDARDS CONSISTENT WITH THE 28 MANUFACTURER'S SPECIFICATIONS FOR SMALL ABOVEGROUND STORAGE 29 TANKS. 30 (3) MONITORING STANDARDS CONSISTENT WITH THE 19890S0280B1405 - 75 -
1 MANUFACTURER'S SPECIFICATIONS FOR A SMALL ABOVEGROUND STORAGE 2 TANK. 3 (4) REQUIREMENTS FOR CLOSURE. 4 (5) RECORDKEEPING REQUIREMENTS. 5 (6) INSPECTION REQUIREMENTS FOR EXISTING SMALL 6 ABOVEGROUND STORAGE TANKS. 7 SECTION 302. INTERIM REQUIREMENTS. 8 (A) REGISTRATION FEES AND REQUIREMENTS.-- 9 (1) UNTIL ALTERNATIVE FEES ARE ESTABLISHED BY THE 10 DEPARTMENT BY REGULATION, ANNUAL REGISTRATION FEES TO BE PAID 11 BY OWNERS OF ABOVEGROUND STORAGE TANKS ARE HEREBY ESTABLISHED 12 AS FOLLOWS: 13 (I) THREE HUNDRED DOLLARS FOR EACH ABOVEGROUND 14 STORAGE TANK WITH A CAPACITY OF MORE THAN 50,000 GALLONS. 15 (II) ONE HUNDRED TWENTY-FIVE DOLLARS FOR EACH 16 ABOVEGROUND STORAGE TANK WITH A CAPACITY OF MORE THAN 17 5,000 GALLONS AND LESS THAN OR EQUAL TO 50,000 GALLONS. 18 (III) FIFTY DOLLARS FOR EACH ABOVEGROUND STORAGE 19 TANK WITH A CAPACITY OF UP TO OR EQUAL TO 5,000 GALLONS. 20 (2) THE OWNER OF ANY ABOVEGROUND STORAGE TANK WITH A 21 CAPACITY GREATER THAN 5,000 GALLONS SHALL, ALONG WITH THE 22 REGISTRATION FEE, SUBMIT TO THE DEPARTMENT ALL INFORMATION 23 REQUIRED ON THE DATA PLATE REQUIRED BY SECTION 8.1 OF API 650 24 LARGE WELDED STORAGE TANKS (ATMOSPHERIC) AND SUCH OTHER 25 INFORMATION AS IS REQUIRED BY THE DEPARTMENT. 26 (B) INTERIM INSTALLATION REQUIREMENTS.-- 27 (1) UNTIL SUCH TIME AS THE DEPARTMENT ADOPTS 28 INSTALLATION REQUIREMENTS BY REGULATION, NO PERSON SHALL 29 INSTALL A NEW OR RECONSTRUCTED ABOVEGROUND STORAGE TANK OR 30 MAKE A SUBSTANTIAL MODIFICATION TO AN ABOVEGROUND STORAGE 19890S0280B1405 - 76 -
1 TANK UNLESS THE TANK MEETS THE APPLICABLE TECHNICAL STANDARDS 2 FOR THE SPECIFIC TYPE AND CLASS OF TANK AS SET FORTH IN THE 3 APPLICABLE UNDERWRITERS LABORATORY STANDARDS NO. 142 AND BY 4 THE AMERICAN PETROLEUM INSTITUTE IN EACH OF THE FOLLOWING 5 (INCLUDING ANY APPENDICES): 6 (I) API-12B - BOLTED TANKS FOR STORAGE OF PRODUCTION 7 LIQUIDS. 8 (II) API-12D - FIELD WELDED TANKS FOR STORAGE OF 9 PRODUCTION LIQUIDS. 10 (III) API-12F - SHOP WELDED TANKS FOR STORAGE OF 11 PRODUCTION LIQUIDS. 12 (IV) API-12H - NEW BOTTOMS FOR OLD TANKS. 13 (V) API-12P - FIBERGLASS TANKS FOR STORAGE OF 14 PRODUCTION LIQUIDS. 15 (VI) API-620 - LARGE WELDED LOW PRESSURE STORAGE 16 TANKS. 17 (VII) API-650 - LARGE WELDED STORAGE TANKS 18 (ATMOSPHERIC). 19 (VIII) API-RP 2000 - GUIDE FOR VENTING ATMOSPHERIC <-- 20 AND LOW PRESSURE STORAGE TANKS. 21 (2) UNLESS MODIFIED BY THE RULES AND REGULATIONS OF THE 22 DEPARTMENT, THE OWNER, SUBJECT TO PARAGRAPH (1), SHALL, ALONG 23 WITH THE REGISTRATION FORM REQUIRED BY THIS ACT, SUBMIT A 24 CERTIFICATION BY A REGISTERED PROFESSIONAL ENGINEER QUALIFIED 25 IN TANK CONSTRUCTION THAT THE REQUIREMENTS OF PARAGRAPH (1) 26 HAVE BEEN MET. 27 SECTION 303. REGISTRATION. 28 (A) REGISTRATION REQUIREMENTS.--EVERY OWNER OF AN 29 ABOVEGROUND STORAGE TANK, EXCEPT AS SPECIFICALLY EXCLUDED BY 30 POLICY OR REGULATION OF THE DEPARTMENT, SHALL REGISTER EACH 19890S0280B1405 - 77 -
1 ABOVEGROUND STORAGE TANK BY COMPLETING AND SUBMITTING THE FORM 2 PROVIDED BY THE DEPARTMENT, AND BY PAYING THE YEARLY 3 REGISTRATION FEE PRESCRIBED BY THE DEPARTMENT FOR EACH 4 ABOVEGROUND STORAGE TANK. IT SHALL BE UNLAWFUL FOR ANY OWNER OR 5 OPERATOR TO OPERATE OR USE, IN ANY WAY, ANY ABOVEGROUND STORAGE 6 TANK THAT HAS NOT BEEN CURRENTLY REGISTERED AS REQUIRED BY THIS 7 SECTION. 8 (B) PROHIBITIONS.--AFTER 12 MONTHS FROM THE EFFECTIVE DATE <-- 9 OF THIS ACT, IT SHALL BE UNLAWFUL TO SELL, DISTRIBUTE, DEPOSIT 10 OR OTHERWISE SUPPLY ANY REGULATED SUBSTANCE FOR STORAGE IN AN 11 ABOVEGROUND STORAGE TANK UNLESS SAID ABOVEGROUND STORAGE TANK 12 HAS BEEN CURRENTLY REGISTERED AS REQUIRED BY THIS SECTION. ANY 13 PERSON WHO KNOWINGLY SELLS, DISTRIBUTES, DEPOSITS OR OTHERWISE 14 SUPPLIES ANY REGULATED SUBSTANCE IN VIOLATION OF THIS SUBSECTION 15 SHALL BE LIABLE FOR ANY RELEASE FROM THE ABOVEGROUND STORAGE 16 TANK. 17 (B) PROHIBITIONS.--AFTER 12 MONTHS FROM THE EFFECTIVE DATE <-- 18 OF THIS ACT, IT SHALL BE UNLAWFUL TO SELL, DISTRIBUTE, DEPOSIT 19 OR FILL AN ABOVEGROUND STORAGE TANK WITH ANY REGULATED SUBSTANCE 20 UNLESS THE ABOVEGROUND STORAGE TANK IS REGISTERED AS REQUIRED BY 21 THIS SECTION. ANY PERSON WHO, ON OR AFTER THE EFFECTIVE DATE OF 22 THIS SUBSECTION, KNOWINGLY SELLS, DISTRIBUTES, DEPOSITS OR FILLS 23 ANY ABOVEGROUND STORAGE TANK IN VIOLATION OF THIS SUBSECTION 24 PRIOR TO THE DISCOVERY OF A RELEASE SHALL BE LIABLE FOR ANY 25 RELEASE FROM THE ABOVEGROUND STORAGE TANK, IN ADDITION TO THE 26 REMEDIES PROVIDED IN SECTION 1302. WITHIN 12 MONTHS OF THE 27 EFFECTIVE DATE OF THIS ACT, THE DEPARTMENT SHALL HAVE AVAILABLE 28 FOR THE GENERAL PUBLIC AN EASILY DISTINGUISHABLE VISUAL SYSTEM, 29 SUCH AS A STICKER, TO IDENTIFY TANKS WITH A CURRENT REGISTRATION 30 AS PART OF ENFORCEMENT BY THE DEPARTMENT. 19890S0280B1405 - 78 -
1 (C) USE OF REGISTRATION FEES.--REGISTRATION FEES COLLECTED
2 BY THE DEPARTMENT SHALL BE USED IN PART TO FUND THE DEVELOPMENT <--
3 AND OPERATION OF THE STORAGE TANK PROGRAMS ESTABLISHED BY THIS
4 ACT.
5 (D) INITIAL REGISTRATION.-- WITHIN SIX MONTHS OF THE
6 EFFECTIVE DATE OF THIS ACT, ALL OWNERS OF ABOVEGROUND STORAGE
7 TANKS SHALL MEET THE REGISTRATION REQUIREMENTS AND PAY THE
8 REGISTRATION FEE REQUIRED BY THIS ACT.
9 SECTION 304. PERMITS AND PLANS.
10 (A) PERMIT REQUIREMENTS.--NO PERSON SHALL INSTALL,
11 CONSTRUCT, ERECT, MODIFY, OPERATE OR REMOVE FROM SERVICE ALL OR
12 PART OF AN ABOVEGROUND STORAGE TANK FACILITY UNLESS SUCH
13 INSTALLATION, CONSTRUCTION, MODIFICATION, OPERATION OR REMOVAL
14 FROM SERVICE IS AUTHORIZED BY RULES AND REGULATIONS OF THE
15 DEPARTMENT OR THE PERSON HAS FIRST OBTAINED A PERMIT FROM THE
16 DEPARTMENT USING THE PRESCRIBED FORMS AND PROCEDURES OF THE
17 DEPARTMENT.
18 (B) APPLICATION.--APPLICATIONS FOR PERMITS SHALL BE
19 SUBMITTED IN WRITING TO THE DEPARTMENT IN SUCH FORM AND WITH
20 SUCH ACCOMPANYING DATA AS SHALL BE PRESCRIBED BY THE DEPARTMENT.
21 (C) FEE.--EACH APPLICATION FOR A NEWLY INSTALLED, <--
22 CONSTRUCTED OR ERECTED ABOVEGROUND TANK SHALL BE ACCOMPANIED BY
23 A FEE OF $20 PER WHOLE 10,000 GALLON UNITS OF STORAGE CAPACITY.
24 THIS FEE MAY BE MODIFIED BY REGULATION. THE DEPARTMENT SHALL <--
25 DEVELOP BY REGULATION A SCHEDULE OF FEES FOR PERMIT AMENDMENTS
26 AND MODIFICATIONS AND FOR THOSE ABOVEGROUND TANKS BEING
27 REPERMITTED.
28 (D) PRIOR PERMITS.--ANY PERSON WHO HAS OBTAINED A PERMIT FOR
29 THE ABOVEGROUND STORAGE TANK FACILITY, PRIOR TO THE EFFECTIVE
30 DATE OF THIS ACT, PURSUANT TO THE ACT OF JUNE 8, 1911 (P.L.705,
19890S0280B1405 - 79 -
1 NO.281), ENTITLED "AN ACT CREATING THE OFFICE OF FIRE MARSHAL,
2 TO BE ATTACHED TO THE DEPARTMENT OF PUBLIC SAFETY IN CITIES OF
3 THE FIRST CLASS; PRESCRIBING HIS DUTIES AND POWERS; AND
4 PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE ACT;
5 AND PROVIDING FOR THE METHOD OF APPOINTMENT, COMPENSATION, AND
6 FOR THE MAINTENANCE OF HIS OFFICE," THE ACT OF APRIL 27, 1927
7 (P.L.450, NO.291), REFERRED TO AS THE STATE FIRE MARSHAL LAW, OR
8 THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND
9 CLASS COUNTY CODE, SHALL BE DEEMED TO HAVE AN OPERATING PERMIT
10 UNDER THIS ACT SO LONG AS THAT PERSON COMPLIES WITH SUBSECTION <--
11 (E) AND WITH THE REGISTRATION PROVISIONS AND OPERATIONAL
12 STANDARDS AND REQUIREMENTS FOR REMOVAL FROM SERVICE ESTABLISHED
13 THROUGH REGULATION PROMULGATED BY THE DEPARTMENT UNDER THIS ACT
14 AND ALL OTHER APPLICABLE LAWS AND UNTIL THE DEPARTMENT MAKES A <--
15 DETERMINATION ON THE APPLICATION FOR REPERMITTING.
16 (E) REPERMITTING.-- <--
17 (1) WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ACT
18 EVERY PERSON CONSIDERED TO HAVE A PERMIT UNDER SUBSECTION (D)
19 FOR ANY ABOVEGROUND STORAGE TANK WHICH IS CERTIFIED BY THAT
20 PERSON TO BE TEN YEARS OF AGE OR OLDER SHALL APPLY TO THE
21 DEPARTMENT FOR A PERMIT.
22 (2) WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
23 ACT, EVERY PERSON CONSIDERED TO HAVE A PERMIT UNDER
24 SUBSECTION (D) FOR ANY ABOVEGROUND STORAGE TANK WHICH IS
25 CERTIFIED BY THAT PERSON TO BE LESS THAN TEN YEARS OF AGE
26 SHALL APPLY TO THE DEPARTMENT FOR A NEW PERMIT.
27 (3) THE PROVISIONS OF CHAPTER 11 SHALL NOT APPLY TO THE
28 REPERMITTING OF ABOVEGROUND STORAGE TANKS.
29 (E) (F) INTERIM PERMIT REQUIREMENTS.--PRIOR TO THE EFFECTIVE <--
30 DATE OF A REGULATION OF THE DEPARTMENT CONCERNING INSTALLATION,
19890S0280B1405 - 80 -
1 CONSTRUCTION, ERECTION, MODIFICATION, OPERATION OR REMOVAL FROM 2 SERVICE OF AN ABOVEGROUND STORAGE TANK FACILITY, ANY OWNER OR 3 OPERATOR WHO MEETS THE INTERIM INSTALLATION REQUIREMENTS OF 4 SECTION 302(B) OF THIS ACT AND OTHER APPLICABLE PROVISIONS SHALL 5 BE DEEMED TO MEET THE PERMIT REQUIREMENTS FOR INSTALLATION AND 6 OPERATION OF AN ABOVEGROUND STORAGE TANK FACILITY. 7 (F) (G) REVIEW OF APPLICATIONS.--THE DEPARTMENT SHALL MAKE A <-- 8 DETERMINATION REGARDING WHETHER AN APPLICATION IS REASONABLY 9 COMPLETE WITHIN 45 DAYS OF THE FILING OF AN APPLICATION WITH THE 10 DEPARTMENT AND SHALL IDENTIFY ALL AREAS IN WHICH AN APPLICATION 11 IS INCOMPLETE WHEN ISSUING A NOTICE OF DEFICIENCY. THE 12 DEPARTMENT SHALL REVIEW ANY AMENDED APPLICATION FILED IN 13 RESPONSE TO A NOTICE OF DEFICIENCY WITHIN 45 DAYS OF THE FILING 14 OF THE AMENDED APPLICATION WITH THE DEPARTMENT. NOTHING IN THIS 15 SECTION SHALL PROHIBIT THE DEPARTMENT AND THE APPLICANT FROM 16 AGREEING TO EXTEND ANY DEADLINE FOR ACTION PROVIDED BY THIS 17 SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT 18 FROM REQUESTING AND ACCEPTING SUPPLEMENTAL INFORMATION, 19 EXPLANATIONS AND CLARIFICATIONS REGARDING THE CONTENT OF AN 20 APPLICATION PRIOR TO THE DEADLINE FOR DEPARTMENT ACTION. 21 (G) (H) RENEWAL OF PERMIT.-- IN ORDER TO CONTINUE TO OPERATE <-- 22 AN ABOVEGROUND STORAGE TANK FACILITY, THE OWNER OR OPERATOR MUST 23 OBTAIN A NEW PERMIT OR A RENEWED PERMIT AT LEAST EVERY TEN 24 YEARS. 25 (H) (I) UNLAWFUL CONDUCT.--IT SHALL BE UNLAWFUL TO INSTALL, <-- 26 CONSTRUCT, ERECT, MODIFY, OPERATE OR REMOVE FROM SERVICE AN 27 ABOVEGROUND STORAGE TANK FACILITY UNLESS AUTHORIZED BY THE 28 POLICIES, RULES OR REGULATIONS OF THE DEPARTMENT OR UNLESS THE 29 OWNER OR OPERATOR HAS FIRST OBTAINED A PERMIT FROM THE 30 DEPARTMENT. HOWEVER, ANY PERSON WHO HAS INSTALLED, CONSTRUCTED 19890S0280B1405 - 81 -
1 OR ERECTED AN ABOVEGROUND STORAGE TANK PRIOR TO THE EFFECTIVE 2 DATE OF THIS ACT WHO WAS NOT REQUIRED TO OBTAIN A PERMIT UNDER 3 ONE OF THE AUTHORITIES LISTED IN SUBSECTION (D) SHALL HAVE 12 4 MONTHS FROM THE EFFECTIVE DATE OF THIS ACT TO OBTAIN AN 5 OPERATING PERMIT FROM THE DEPARTMENT. 6 CHAPTER 5 7 UNDERGROUND STORAGE TANKS 8 SECTION 501. UNDERGROUND STORAGE TANK REQUIREMENTS. 9 (A) PROGRAM REQUIREMENTS.--THE DEPARTMENT SHALL ADOPT 10 REGULATIONS AND IMPLEMENT AN UNDERGROUND STORAGE TANK PROGRAM 11 THAT, AT A MINIMUM, REQUIRES ALL OF THE FOLLOWING: 12 (1) THE PAYMENT OF AN ANNUAL REGISTRATION FEE TO THE 13 DEPARTMENT BY OWNERS OF UNDERGROUND STORAGE TANKS AND 14 COMMERCIAL HEATING OIL STORAGE TANKS. 15 (2) METHODS AND PROCEDURES FOR THE OPERATION OF 16 UNDERGROUND STORAGE TANK FACILITIES AND FOR THE OPERATOR'S 17 AND OWNER'S MAINTENANCE OF A LEAK DETECTION SYSTEM, AN 18 INVENTORY CONTROL SYSTEM TOGETHER WITH TANK TESTING OR A 19 COMPARABLE SYSTEM OR METHOD DESIGNED TO IDENTIFY RELEASES OR 20 POTENTIAL RELEASES IN A MANNER CONSISTENT WITH THE PROTECTION 21 OF HUMAN HEALTH AND THE ENVIRONMENT. 22 (3) THE MAINTENANCE OF RECORDS BY THE OWNER OR OPERATOR 23 OF ANY MONITORING OR LEAK DETECTION SYSTEM OR INVENTORY 24 CONTROL SYSTEM OR TANK TESTING SYSTEM. 25 (4) THE REPORTING BY THE OWNER OR OPERATOR OF ANY 26 RELEASES AND CORRECTIVE ACTION TAKEN IN RESPONSE TO A RELEASE 27 FROM AN UNDERGROUND STORAGE TANK. 28 (5) CORRECTIVE ACTIONS BY OWNERS, OPERATORS, LANDOWNERS 29 AND OCCUPIERS, OR OTHER RESPONSIBLE PARTIES, ON AN EMERGENCY 30 BASIS IF NECESSARY, IN RESPONSE TO A RELEASE FROM AN 19890S0280B1405 - 82 -
1 UNDERGROUND STORAGE TANK. 2 (6) REQUIREMENTS FOR CLOSURE OF TANKS BY OWNERS AND 3 OPERATORS TO PREVENT FUTURE RELEASES OF REGULATED SUBSTANCES 4 INTO THE ENVIRONMENT. 5 (7) STANDARDS FOR INSTALLATION AND PERFORMANCE FOR NEW 6 AND EXISTING UNDERGROUND STORAGE TANKS, INCLUDING MINIMUM 7 STANDARDS FOR THE CONSTRUCTION, TESTING, CORROSION, 8 PROTECTION, OPERATION, RELEASE PREVENTION AND REPAIR AND 9 REUSE OF UNDERGROUND STORAGE TANKS. 10 (8) STANDARDS AND PROCEDURES FOR PERMITTING , 11 INSTALLATION, CONSTRUCTION, MODIFICATION , OPERATION AND 12 REMOVAL OF TANKS AND INTENDED AND COMPLETED CLOSURE OF AN 13 UNDERGROUND STORAGE TANK. 14 (9) METHODS AND PROCEDURES FOR THE REMOVAL OF 15 UNDERGROUND STORAGE TANKS FROM SERVICE BY THE OWNER OR 16 OPERATOR. 17 (10) REQUIREMENTS FOR REPORTING BY THE OWNER OR OPERATOR 18 OF INTENDED AND COMPLETED CLOSURE OF ANY UNDERGROUND STORAGE 19 TANK FACILITIES. 20 (11) THE PERIODIC INSPECTION OF THE LEAK DETECTION 21 SYSTEMS, STRUCTURAL INTEGRITY OF THE UNDERGROUND STORAGE 22 TANKS AND ASSOCIATED EQUIPMENT, AND RELEASE PREVENTION 23 MEASURES. 24 (12) A PERMIT, BY RULE, FOR CERTAIN CLASSIFICATIONS OF 25 UNDERGROUND STORAGE TANKS. 26 (B) TANK CLASSIFICATION.--THE DEPARTMENT SHALL HAVE THE 27 AUTHORITY TO ESTABLISH CLASSES AND CATEGORIES OF UNDERGROUND 28 STORAGE TANKS BY REGULATION, WHICH CLASSES MAY BE REGULATED IN 29 CONSIDERATION OF, AMONG OTHER FACTORS, SIZE, COMPOSITION, 30 INTENDED USE, CONTENTS AND POTENTIAL RISK OF HARM TO PUBLIC 19890S0280B1405 - 83 -
1 HEALTH AND THE ENVIRONMENT. 2 (C) CERTIFIED INSTALLER AND INSPECTOR PROGRAM.-- 3 (1) THE DEPARTMENT SHALL ESTABLISH, BY REGULATION, A 4 CERTIFICATION PROGRAM FOR INSTALLERS AND INSPECTORS OF 5 UNDERGROUND STORAGE TANKS AND FACILITIES. THIS PROGRAM SHALL 6 INCLUDE PROVISIONS FOR QUALIFICATIONS AND STANDARDS, 7 PROCEDURES FOR TRAINING AND TESTING AND FOR THE REVOCATION 8 AND SUSPENSION OF CERTIFICATION. ALL DEPARTMENT EMPLOYEES 9 ADMINISTERING THIS PROGRAM SHALL BE DEEMED CERTIFIED WHILE IN 10 THE EMPLOYMENT OF THE DEPARTMENT. 11 (2) UNDERGROUND STORAGE TANKS SHALL ONLY BE INSTALLED 12 MODIFIED AND REMOVED BY A CERTIFIED INSTALLER AS PROVIDED BY 13 POLICY OR REGULATIONS OF THE DEPARTMENT. 14 (3) UNDERGROUND STORAGE TANKS SHALL BE INSPECTED BY 15 CERTIFIED INSPECTORS PRIOR TO PERMITTING AND AT A FREQUENCY 16 THEREAFTER ESTABLISHED BY THE DEPARTMENT AS PROVIDED BY 17 REGULATIONS OF THE DEPARTMENT. 18 SECTION 502. INTERIM REQUIREMENTS AND DISCONTINUED USE. 19 (A) REGISTRATION FEES AND REQUIREMENTS.--UNTIL ALTERNATIVE 20 FEES ARE ESTABLISHED BY THE DEPARTMENT BY REGULATION, AN ANNUAL 21 FEE OF $50 FOR EACH UNDERGROUND STORAGE TANK AND EACH COMMERCIAL 22 HEATING OIL STORAGE TANK TO BE PAID BY OWNERS OF THE UNDERGROUND 23 STORAGE TANK IS HEREBY ESTABLISHED. 24 (B) INTERIM INSTALLATION AND OPERATION REQUIREMENTS.--UNTIL 25 SUCH TIME AS THE DEPARTMENT ADOPTS INSTALLATION AND OPERATIONAL 26 REQUIREMENTS BY REGULATION, NO PERSON SHALL INSTALL OR MAKE A 27 SUBSTANTIAL MODIFICATION TO AN UNDERGROUND STORAGE TANK OR 28 FACILITY UNLESS THAT TANK OR FACILITY MEETS ALL OF THE FOLLOWING 29 REQUIREMENTS: 30 (1) THE TANK PREVENTS RELEASES DUE TO CORROSION OR 19890S0280B1405 - 84 -
1 STRUCTURAL FAILURE FOR THE OPERATIONAL LIFE OF THE TANK.
2 (2) THE TANK IS CATHODICALLY PROTECTED AGAINST
3 CORROSION, CONSTRUCTED OF NONCORROSIVE MATERIAL, STEEL CLAD
4 WITH A NONCORROSIVE MATERIAL, OR DESIGNED IN A MANNER TO
5 PREVENT THE RELEASE OR THREATENED RELEASE OF ANY STORED
6 SUBSTANCE.
7 (3) THE MATERIAL USED IN THE CONSTRUCTION OR LINING OF
8 THE TANK IS COMPATIBLE WITH THE SUBSTANCE TO BE STORED.
9 (4) THE TANK IS EQUIPPED WITH SPILL AND OVERFILL
10 PREVENTION EQUIPMENT.
11 (5) THE TANK IS INSTALLED BY A CERTIFIED INSTALLER.
12 (C) DISCONTINUED USE.--UPON ABANDONMENT OR DISCONTINUANCE OF
13 THE USE OR ACTIVE OPERATION OF AN UNDERGROUND STORAGE TANK, THE
14 OWNER AND OPERATOR SHALL REMOVE THE TANK AND ITS CONTENTS OR
15 SHALL SEAL THE TANK, AND RESTORE THE AREA IN A MANNER THAT
16 PREVENTS ANY FUTURE RELEASE, AND SHALL REMEDY ANY ADVERSE
17 IMPACTS FROM ANY PRIOR RELEASE IN A MANNER DEEMED SATISFACTORY
18 TO THE DEPARTMENT.
19 SECTION 503. REGISTRATION.
20 (A) REQUIREMENTS.--EVERY OWNER OF AN UNDERGROUND STORAGE
21 TANK, EXCEPT AS SPECIFICALLY EXCLUDED BY POLICY OR REGULATION OF
22 THE DEPARTMENT, SHALL REGISTER WITH THE DEPARTMENT EACH
23 UNDERGROUND STORAGE TANK BY COMPLETING AND SUBMITTING THE FORM
24 PROVIDED BY THE DEPARTMENT AND BY PAYING THE REGISTRATION FEE
25 PRESCRIBED BY THE DEPARTMENT FOR EACH UNDERGROUND STORAGE TANK
26 WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS ACT. IT SHALL
27 BE UNLAWFUL FOR ANY OWNER OR OPERATOR TO OPERATE OR USE, IN ANY
28 WAY, ANY UNDERGROUND STORAGE TANK THAT HAS NOT BEEN REGISTERED
29 AS REQUIRED BY THIS SECTION.
30 (B) PROHIBITIONS.--AFTER 12 MONTHS FROM THE EFFECTIVE DATE <--
19890S0280B1405 - 85 -
1 OF THIS ACT, IT SHALL BE UNLAWFUL TO SELL, DISTRIBUTE, DEPOSIT 2 OR OTHERWISE SUPPLY ANY REGULATED SUBSTANCE FOR STORAGE IN AN 3 UNDERGROUND STORAGE TANK UNLESS THE UNDERGROUND STORAGE TANK HAS 4 BEEN REGISTERED AS REQUIRED BY THIS SECTION. ANY PERSON WHO 5 KNOWINGLY SELLS, DISTRIBUTES, DEPOSITS OR OTHERWISE SUPPLIES ANY 6 REGULATED SUBSTANCE IN VIOLATION OF THIS SECTION SHALL BE LIABLE 7 FOR ANY RELEASE FROM THE UNDERGROUND STORAGE TANK. 8 (B) PROHIBITIONS.--AFTER 12 MONTHS FROM THE EFFECTIVE DATE <-- 9 OF THIS ACT, IT SHALL BE UNLAWFUL TO SELL, DISTRIBUTE, DEPOSIT 10 OR FILL AN UNDERGROUND STORAGE TANK WITH ANY REGULATED SUBSTANCE 11 UNLESS THE UNDERGROUND STORAGE TANK IS REGISTERED AS REQUIRED BY 12 THIS SECTION. ANY PERSON WHO, ON OR AFTER THE EFFECTIVE DATE OF 13 THIS SUBSECTION, KNOWINGLY SELLS, DISTRIBUTES, DEPOSITS OR FILLS 14 ANY UNDERGROUND STORAGE TANK IN VIOLATION OF THIS SUBSECTION 15 PRIOR TO THE DISCOVERY OF A RELEASE SHALL BE LIABLE FOR ANY 16 RELEASE FROM THE UNDERGROUND STORAGE TANK, IN ADDITION TO THE 17 REMEDIES PROVIDED IN SECTION 1302. WITHIN 12 MONTHS OF THE 18 EFFECTIVE DATE OF THIS ACT, THE DEPARTMENT SHALL HAVE AVAILABLE 19 FOR THE GENERAL PUBLIC AN EASILY DISTINGUISHABLE VISUAL SYSTEM, 20 SUCH AS A STICKER, TO IDENTIFY TANKS WITH A CURRENT STICKER AS 21 PART OF ENFORCEMENT BY THE DEPARTMENT. 22 (C) USE OF REGISTRATION FEES.--REGISTRATION FEES COLLECTED 23 BY THE DEPARTMENT SHALL BE USED IN PART TO FUND THE DEVELOPMENT <-- 24 AND OPERATION OF THE STORAGE TANK PROGRAMS ESTABLISHED BY THIS 25 ACT. 26 SECTION 504. PERMITS AND PLANS. 27 (A) PERMIT REQUIREMENTS.--NO PERSON SHALL INSTALL, 28 CONSTRUCT, MODIFY, OPERATE OR REMOVE FROM SERVICE ALL OR PART OF 29 AN UNDERGROUND STORAGE TANK FACILITY UNLESS SUCH INSTALLATION, 30 CONSTRUCTION, MODIFICATION, OPERATION OR REMOVAL FROM SERVICE IS 19890S0280B1405 - 86 -
1 AUTHORIZED BY THE RULES AND REGULATIONS OF THE DEPARTMENT OR THE 2 PERSON HAS FIRST OBTAINED A PERMIT FROM THE DEPARTMENT. 3 (B) APPLICATION.--APPLICATIONS FOR PERMITS SHALL BE 4 SUBMITTED IN WRITING TO THE DEPARTMENT IN SUCH FORM AND WITH 5 SUCH ACCOMPANYING DATA AS SHALL BE PRESCRIBED BY THE DEPARTMENT. 6 (C) FEE.--EACH APPLICATION SHALL BE ACCOMPANIED BY A PERMIT 7 FEE OF $20 PER TANK. THIS FEE MAY BE MODIFIED BY REGULATION. 8 (D) PRIOR PERMITS.--ANY PERSON WHO HAS OBTAINED A PERMIT FOR 9 THE UNDERGROUND STORAGE TANK FACILITY, PRIOR TO THE EFFECTIVE 10 DATE OF THIS ACT, PURSUANT TO THE ACT OF JUNE 8, 1911 (P.L.705, 11 NO.281), ENTITLED "AN ACT CREATING THE OFFICE OF FIRE MARSHAL, 12 TO BE ATTACHED TO THE DEPARTMENT OF PUBLIC SAFETY IN CITIES OF 13 THE FIRST CLASS; PRESCRIBING HIS DUTIES AND POWERS; AND 14 PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE ACT; 15 AND PROVIDING FOR THE METHOD OF APPOINTMENT, COMPENSATION, AND 16 FOR THE MAINTENANCE OF HIS OFFICE," THE ACT OF APRIL 27, 1927 17 (P.L.450, NO.29), REFERRED TO AS THE STATE FIRE MARSHAL LAW, OR 18 THE ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND 19 CLASS COUNTY CODE, SHALL BE DEEMED TO HAVE AN OPERATING PERMIT 20 UNDER THIS ACT SO LONG AS THAT PERSON COMPLIES WITH THE 21 OPERATIONAL STANDARDS AND REQUIREMENTS FOR REMOVAL FROM SERVICE 22 ESTABLISHED THROUGH REGULATION PROMULGATED BY THE DEPARTMENT 23 UNDER THIS ACT AND ALL OTHER APPLICABLE LAWS. 24 (E) SUBMISSION OF APPLICATIONS.--THE APPLICANT SHALL PROVIDE 25 A COMPLETED PERMIT APPLICATION WITH ALL REQUESTED INFORMATION 26 USING THE FORMS PROVIDED BY THE DEPARTMENT. APPLICATION FORMS 27 SHALL BE ACCOMPANIED BY THE NECESSARY FEES. NOTHING IN THIS 28 SECTION SHALL PROHIBIT THE DEPARTMENT FROM REQUESTING ADDITIONAL 29 INFORMATION OR CLARIFICATIONS REGARDING THE CONTENT OF THE 30 APPLICATION. 19890S0280B1405 - 87 -
1 (F) INTERIM OPERATING PERMIT REQUIREMENTS.--PRIOR TO THE 2 EFFECTIVE DATE OF A REGULATION OF THE DEPARTMENT CONCERNING 3 INSTALLATION, SUBSTANTIAL MODIFICATION OR OPERATION OF 4 UNDERGROUND STORAGE TANKS AT A TANK FACILITY, ANY OWNER OR 5 OPERATOR WHO SUBMITS AN APPLICATION DEMONSTRATING THAT HE MEETS 6 THE INTERIM INSTALLATION AND OPERATION REQUIREMENTS OF SECTIONS 7 502 AND 503 OF THIS ACT SHALL MEET THE OPERATING PERMIT 8 REQUIREMENTS OF THIS SECTION. 9 (G) REVIEW OF APPLICATIONS.--THE DEPARTMENT SHALL MAKE A 10 DETERMINATION REGARDING WHETHER AN APPLICATION IS REASONABLY 11 COMPLETE WITHIN 45 DAYS OF THE FILING OF AN APPLICATION WITH THE 12 DEPARTMENT AND SHALL IDENTIFY ALL AREAS IN WHICH AN APPLICATION 13 IS INCOMPLETE WHEN ISSUING A NOTICE OF DEFICIENCY. THE 14 DEPARTMENT SHALL REVIEW ANY AMENDED APPLICATION FILED IN 15 RESPONSE TO A NOTICE OF DEFICIENCY WITHIN 45 DAYS OF THE FILING 16 OF THE AMENDED APPLICATION WITH THE DEPARTMENT. NOTHING IN THIS 17 SECTION SHALL PROHIBIT THE DEPARTMENT AND THE APPLICANT FROM 18 AGREEING TO EXTEND ANY DEADLINE FOR ACTION PROVIDED BY THIS 19 SECTION. NOTHING IN THIS SECTION SHALL PROHIBIT THE DEPARTMENT 20 FROM REQUESTING AND ACCEPTING SUPPLEMENTAL INFORMATION, 21 EXPLANATIONS AND CLARIFICATIONS REGARDING THE CONTENT OF AN 22 APPLICATION PRIOR TO THE DEADLINE FOR DEPARTMENT ACTION. 23 (H) UNLAWFUL CONDUCT.--IT SHALL BE UNLAWFUL TO INSTALL, 24 CONSTRUCT, MODIFY, OPERATE OR REMOVE FROM SERVICE AN UNDERGROUND 25 STORAGE TANK UNLESS AUTHORIZED BY THE RULES OR REGULATIONS OF 26 THE DEPARTMENT OR UNLESS THE OWNER OR OPERATOR HAS FIRST 27 OBTAINED A PERMIT FROM THE DEPARTMENT. HOWEVER, ANY PERSON WHO 28 HAS INSTALLED, CONSTRUCTED OR ERECTED AN UNDERGROUND STORAGE 29 TANK PRIOR TO THE EFFECTIVE DATE OF THIS ACT WHO WAS NOT 30 REQUIRED TO OBTAIN A PERMIT UNDER ONE OF THE AUTHORITIES LISTED 19890S0280B1405 - 88 -
1 IN SUBSECTION (D) SHALL HAVE 12 MONTHS FROM THE EFFECTIVE DATE 2 OF THIS ACT TO OBTAIN A PERMIT FROM THE DEPARTMENT. 3 SECTION 505. COMMERCIAL HEATING OIL STORAGE TANKS. 4 THE ENVIRONMENTAL QUALITY BOARD SHALL ESTABLISH, BY 5 REGULATION, SPECIFIC REQUIREMENTS FOR COMMERCIAL HEATING OIL 6 STORAGE TANKS, INCLUDING, BUT NOT LIMITED TO, REQUIREMENTS 7 REGARDING PERMITTING, MONITORING, LEAK DETECTION, CORRECTIVE 8 ACTION AND RELEASE PREVENTION, CLOSURE AND RESTORATION. 9 SECTION 506. SMALL OPERATOR ASSISTANCE PROGRAM FOR UNDERGROUND 10 STORAGE TANKS. 11 THE DEPARTMENT SHALL ESTABLISH, IMPLEMENT AND ADMINISTER A 12 SMALL OPERATOR ASSISTANCE PROGRAM WITHIN 180 DAYS OF THE 13 EFFECTIVE DATE OF THIS ACT. THE SMALL OPERATOR ASSISTANCE 14 PROGRAM SHALL PROVIDE INFORMATION AND ASSISTANCE TO SMALL 15 OPERATORS LOCATED IN RURAL AREAS WHO PUMP, ON A MONTHLY BASIS, 16 LESS THAN 3,000 GALLONS RETAIL MOTOR FUEL SALES. 17 CHAPTER 7 18 FINANCIAL PROVISIONS 19 SECTION 701. FINANCIAL RESPONSIBILITY. 20 (A) REGULATIONS OF THE ENVIRONMENTAL QUALITY BOARD.--THE 21 ENVIRONMENTAL QUALITY BOARD IS AUTHORIZED TO ESTABLISH, BY 22 REGULATION, REQUIREMENTS FOR MAINTAINING EVIDENCE OF FINANCIAL 23 RESPONSIBILITY AS DEEMED NECESSARY AND DESIRABLE, FOR TAKING 24 CORRECTIVE ACTION AND FOR COMPENSATING THIRD PARTIES FOR BODILY 25 INJURY AND PROPERTY DAMAGE CAUSED BY SUDDEN AND NONSUDDEN 26 RELEASES ARISING FROM OPERATION OF A STORAGE TANK. EVERY OWNER 27 OR OPERATOR SHALL MEET THE FINANCIAL RESPONSIBILITY REQUIREMENTS 28 ESTABLISHED BY THE DEPARTMENT. 29 (B) METHODS OF OBTAINING FINANCIAL RESPONSIBILITY.-- 30 FINANCIAL RESPONSIBILITY REQUIRED BY THIS SECTION MAY BE 19890S0280B1405 - 89 -
1 ESTABLISHED IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE 2 ENVIRONMENTAL QUALITY BOARD BY ANY ONE OR ANY COMBINATION OF THE 3 FOLLOWING: INSURANCE, GUARANTEE, SURETY, BOND, LETTER OF CREDIT, 4 QUALIFICATION AS A SELF-INSURER, INDEMNITY CONTRACT, RISK 5 RETENTION COVERAGE, OR ANY OTHER METHOD DEEMED SATISFACTORY BY 6 THE DEPARTMENT. OWNERS OF UNDERGROUND STORAGE TANKS MUST MEET 7 THESE REQUIREMENTS BY COMPLYING WITH SECTIONS 703, 704, 705 AND 8 706. IN REGULATIONS UNDER THIS SECTION, THE DEPARTMENT IS 9 AUTHORIZED TO SPECIFY POLICY OR OTHER CONTRACTUAL TERMS, 10 CONDITIONS, OR DEFENSES WHICH ARE NECESSARY OR ACCEPTABLE IN 11 ESTABLISHING SUCH EVIDENCE OF FINANCIAL RESPONSIBILITY. 12 (C) BANKRUPTCY OF OWNER OR OPERATOR.--IN ANY CASE WHERE THE 13 OWNER OR OPERATOR IS IN BANKRUPTCY, REORGANIZATION, OR 14 ARRANGEMENT PURSUANT TO THE FEDERAL BANKRUPTCY CODE OR WHERE 15 WITH REASONABLE DILIGENCE JURISDICTION IN ANY STATE COURT OR THE 16 FEDERAL COURTS CANNOT BE OBTAINED OVER AN OWNER OR OPERATOR 17 LIKELY TO BE SOLVENT AT THE TIME OF JUDGMENT, ANY CLAIM ARISING 18 FROM CONDUCT FOR WHICH EVIDENCE OF FINANCIAL RESPONSIBILITY MUST 19 BE PROVIDED UNDER THIS SUBSECTION MAY BE ASSERTED DIRECTLY 20 AGAINST THE GUARANTOR PROVIDING SUCH EVIDENCE OF FINANCIAL 21 RESPONSIBILITY. IN THE CASE OF ANY ACTION PURSUANT TO THIS 22 SUBSECTION, SUCH GUARANTOR SHALL BE ENTITLED TO INVOKE ALL 23 RIGHTS AND DEFENSES WHICH WOULD HAVE BEEN AVAILABLE TO THE OWNER 24 OR OPERATOR IF ANY ACTION HAD BEEN BROUGHT AGAINST THE OWNER OR 25 OPERATOR BY THE CLAIMANT AND WHICH WOULD HAVE BEEN AVAILABLE TO 26 THE GUARANTOR IF AN ACTION HAD BEEN BROUGHT AGAINST THE 27 GUARANTOR BY THE OWNER OR OPERATOR. 28 (D) GUARANTOR LIABILITY.--THE TOTAL LIABILITY OF ANY 29 GUARANTOR SHALL BE LIMITED TO THE AGGREGATE AMOUNT WHICH THE 30 GUARANTOR HAS PROVIDED AS EVIDENCE OF FINANCIAL RESPONSIBILITY 19890S0280B1405 - 90 -
1 TO THE OWNER OR OPERATOR UNDER THIS SECTION. NOTHING IN THIS 2 SUBSECTION SHALL BE CONSTRUED TO LIMIT ANY OTHER STATE OR 3 FEDERAL STATUTORY, CONTRACTUAL OR COMMON LAW LIABILITY OF A 4 GUARANTOR TO ITS OWNER OR OPERATOR, INCLUDING, BUT NOT LIMITED 5 TO, THE LIABILITY OF SUCH GUARANTOR FOR BAD FAITH EITHER IN 6 NEGOTIATING OR IN FAILING TO NEGOTIATE THE SETTLEMENT OF ANY 7 CLAIM. NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO DIMINISH 8 THE LIABILITY OF ANY PERSON UNDER SECTION 107 OR 111 OF THE 9 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY 10 ACT OF 1980 OR OTHER APPLICABLE STATUTES. 11 (E) DEFINITION.--AS USED IN THIS SUBSECTION, THE TERM 12 "GUARANTOR" MEANS ANY PERSON, OTHER THAN THE OWNER OR OPERATOR, 13 WHO PROVIDES EVIDENCE OF FINANCIAL RESPONSIBILITY FOR AN OWNER 14 OR OPERATOR UNDER THIS SUBSECTION. 15 SECTION 702. STORAGE TANK FUND. 16 (A) ESTABLISHMENT OF FUND.--THERE IS HEREBY CREATED A 17 SPECIAL NONLAPSING FUND IN THE STATE TREASURY TO BE KNOWN AS THE 18 STORAGE TANK FUND. ALL FEES, FINES, JUDGMENTS, BOND FORFEITURES, 19 INTEREST AND RECOVERED COSTS COLLECTED BY THE DEPARTMENT UNDER 20 THIS ACT SHALL BE PAID INTO THE STORAGE TANK FUND. ALL MONEYS 21 PLACED IN THE STORAGE TANK FUND AND THE INTEREST IT ACCRUES ARE 22 HEREBY APPROPRIATED, UPON AUTHORIZATION BY THE GOVERNOR, TO THE 23 DEPARTMENT FOR THE COSTS OF OPERATING THE ABOVEGROUND AND 24 UNDERGROUND STORAGE TANK PROGRAMS, INCLUDING ACTIVITIES 25 NECESSARY FOR THE ELIMINATION OF RELEASES FROM STORAGE TANKS AND 26 ANY OTHER ACTIVITIES NECESSARY TO MEET THE REQUIREMENTS OF THIS 27 ACT. 28 (B) SUPPLEMENTS TO FUND.--THE STORAGE TANK FUND MAY BE 29 SUPPLEMENTED BY APPROPRIATIONS FROM THE GENERAL ASSEMBLY, THE 30 FEDERAL, STATE OR LOCAL GOVERNMENT OR FROM ANY PRIVATE SOURCE. 19890S0280B1405 - 91 -
1 (C) LIABILITY FOR COSTS.--WHENEVER COSTS HAVE BEEN INCURRED 2 BY THE COMMONWEALTH FOR TAKING CORRECTIVE ACTION OR ENFORCEMENT <-- 3 ACTION IN RESPONSE TO A RELEASE FROM A STORAGE TANK REGULATED BY 4 THIS ACT, THE OWNER OR OPERATOR, AS MAY BE APPROPRIATE, OF SUCH 5 TANK SHALL BE LIABLE TO THE COMMONWEALTH FOR SUCH COSTS. 6 (D) EFFECT OF LIABILITY ON PROPERTY.--ANY COSTS INCURRED BY 7 THE COMMONWEALTH FOR TAKING CORRECTIVE ACTION OR ENFORCEMENT <-- 8 ACTION IN RESPONSE TO A RELEASE FROM A STORAGE TANK UNDER THIS 9 ACT SHALL CONSTITUTE IN EACH INSTANCE A DEBT OF THE OWNER OR 10 OPERATOR, AS MAY BE APPROPRIATE, TO THE STORAGE TANK FUND. THE 11 DEBT SHALL CONSTITUTE A LIEN ON ALL PROPERTY OWNED BY SAID OWNER 12 OR OPERATOR WHEN A NOTICE OF LIEN INCORPORATING A DESCRIPTION OF 13 THE PROPERTY OF THE OWNER OR OPERATOR SUBJECT TO THE ACTION AND 14 AN IDENTIFICATION OF THE AMOUNT OF EXPENDITURE FROM THE FUND IS 15 DULY FILED WITH THE PROTHONOTARY OF THE COURT OF COMMON PLEAS 16 WHERE THE PROPERTY IS LOCATED. THE PROTHONOTARY SHALL PROMPTLY 17 ENTER UPON THE CIVIL JUDGMENT OR ORDER DOCKET THE NAME AND 18 ADDRESS OF THE OWNER OR OPERATOR, AS MAY BE APPROPRIATE, AND THE 19 AMOUNT OF THE LIEN AS SET FORTH IN THE NOTICE OF LIEN. UPON 20 ENTRY BY THE PROTHONOTARY, THE LIEN SHALL ATTACH TO THE REVENUES 21 AND ALL REAL AND PERSONAL PROPERTY OF THE OWNER OR OPERATOR, 22 WHETHER OR NOT THE OWNER OR OPERATOR IS SOLVENT. THE NOTICE OF 23 LIEN FILED PURSUANT TO THIS SUBSECTION WHICH AFFECTS THE 24 PROPERTY OF THE OWNER OR OPERATOR SHALL CREATE A LIEN WITH 25 PRIORITY OVER ALL SUBSEQUENT CLAIMS OR LIENS WHICH ARE FILED 26 AGAINST THE OWNER OR OPERATOR. 27 (E) STATUS OF FUND.--THE STORAGE TANK FUND SHALL NOT BE <-- 28 SUBJECT TO 42 PA.C.S. CH.37 SUBCH. C (RELATING TO JUDICIAL 29 COMPUTER SYSTEM). 30 SECTION 703. UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD. 19890S0280B1405 - 92 -
1 (A) ESTABLISHMENT OF BOARD, APPOINTMENT AND TERMS.--THERE IS 2 HEREBY CREATED THE UNDERGROUND STORAGE TANK INDEMNIFICATION 3 BOARD WHICH SHALL CONSIST OF SEVEN MEMBERS. THE INSURANCE 4 COMMISSIONER AND THE SECRETARY OF THE DEPARTMENT OF 5 ENVIRONMENTAL RESOURCES SHALL BE EX OFFICIO MEMBERS. FIVE 6 MEMBERS SHALL BE APPOINTED BY THE GOVERNOR, AS FOLLOWS: 7 (1) THREE MEMBERS WHO SHALL BE PERSONS WITH PARTICULAR 8 EXPERTISE IN THE MANAGEMENT OF UNDERGROUND STORAGE TANKS. TWO 9 OF THESE MEMBERS SHALL BE APPOINTED FOR TERMS OF FOUR YEARS 10 AND ONE SHALL BE APPOINTED FOR A TERM OF THREE YEARS. THE 11 GOVERNOR SHALL APPOINT THE MEMBERS, ONE EACH FROM A LIST OF 12 NOMINEES PROVIDED BY EACH OF THE FOLLOWING: 13 (I) THE ASSOCIATED PETROLEUM INDUSTRIES OF 14 PENNSYLVANIA. 15 (II) THE PENNSYLVANIA PETROLEUM ASSOCIATION. 16 (III) THE SERVICE STATION DEALERS AND AUTOMOTIVE 17 REPAIR ASSOCIATION OF PENNSYLVANIA AND DELAWARE AND THE 18 PETROLEUM RETAILERS AND AUTO REPAIR ASSOCIATION, INC. 19 (2) ONE LOCAL GOVERNMENT MEMBER WHO SHALL HAVE KNOWLEDGE 20 AND EXPERTISE IN UNDERGROUND STORAGE TANKS. THE LOCAL 21 GOVERNMENT MEMBER SHALL BE APPOINTED FOR A TERM OF TWO YEARS. 22 (3) ONE PUBLIC MEMBER WHO SHALL NOT BE AN OWNER OR 23 OPERATOR OF STORAGE TANKS NOR AFFILIATED IN ANY WAY WITH ANY 24 PERSON REGULATED UNDER THIS ACT. THE PUBLIC MEMBER SHALL BE 25 APPOINTED FOR A TERM OF THREE YEARS. 26 (B) CHAIRMAN.--THE BOARD SHALL SELECT A CHAIRMAN FROM ITS 27 MEMBERS ANNUALLY. 28 (C) VACANCIES.--VACANCIES IN APPOINTED POSITIONS SHALL BE 29 FILLED BY THE GOVERNOR IN THE SAME MANNER AS THE ORIGINAL 30 APPOINTMENT. MEMBERS SHALL SERVE UNTIL THEIR SUCCESSORS ARE 19890S0280B1405 - 93 -
1 APPOINTED AND QUALIFIED. 2 (D) COMPENSATION.--MEMBERS SHALL RECEIVE NO COMPENSATION FOR 3 THEIR SERVICE OTHER THAN REIMBURSEMENT FOR NECESSARY EXPENSES IN 4 ACCORDANCE WITH COMMONWEALTH REGULATIONS. 5 (E) CONFLICTS.--NO MEMBER SHALL PARTICIPATE IN MAKING ANY 6 DECISION IN A MATTER INVOLVING ANY PAYMENT FROM WHICH HE OR HIS 7 EMPLOYER MAY BENEFIT OR WHICH MAY BENEFIT A MEMBER OF HIS 8 IMMEDIATE FAMILY. 9 (F) MEETINGS; QUORUM.--THE BOARD SHALL MEET AT LEAST 10 QUARTERLY. ADDITIONAL MEETINGS MAY BE HELD UPON REASONABLE 11 NOTICE AT TIMES AND LOCATIONS SELECTED BY THE BOARD. THE BOARD 12 SHALL MEET AT THE CALL OF THE CHAIRMAN OR UPON WRITTEN REQUEST 13 OF THREE MEMBERS OF THE BOARD. FOUR MEMBERS SHALL CONSTITUTE A 14 QUORUM AND A QUORUM MAY ACT FOR THE BOARD IN ALL MATTERS. 15 SECTION 704. UNDERGROUND STORAGE TANK INDEMNIFICATION FUND. 16 (A) ESTABLISHMENT OF FUND.--THERE IS HEREBY CREATED A 17 SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE 18 UNDERGROUND STORAGE TANK INDEMNIFICATION FUND. THIS FUND SHALL 19 CONSIST OF THE FEES ASSESSED BY THE BOARD UNDER SECTION 705(D), 20 AMOUNTS RECOVERED BY THE BOARD DUE TO FRAUDULENT OR IMPROPER 21 CLAIMS OR AS PENALTIES FOR FAILURE TO PAY FEES WHEN DUE, AND 22 FUNDS EARNED BY THE INVESTMENT AND REINVESTMENT OF THE MONEYS 23 COLLECTED. MONEYS IN THE FUND ARE HEREBY APPROPRIATED TO THE 24 BOARD FOR THE PURPOSE OF MAKING PAYMENTS TO OWNERS AND OPERATORS 25 OF UNDERGROUND STORAGE TANKS WHO INCUR LIABILITY FOR TAKING 26 CORRECTIVE ACTION OR FOR BODILY INJURY OR PROPERTY DAMAGE CAUSED 27 BY A SUDDEN OR NONSUDDEN RELEASE FROM UNDERGROUND STORAGE TANKS. 28 THE FUND SHALL BE THE SOLE SOURCE OF PAYMENTS UNDER THIS ACT, 29 AND THE COMMONWEALTH SHALL HAVE NO LIABILITY BEYOND THE AMOUNT 30 OF THE FUND. EVERY OWNER OF AN UNDERGROUND STORAGE TANK SHALL 19890S0280B1405 - 94 -
1 DEMONSTRATE FINANCIAL RESPONSIBILITY BY PARTICIPATING IN THE 2 UNDERGROUND STORAGE TANK INDEMNIFICATION FUND. THE OWNER OR 3 OPERATOR MAY OBTAIN COVERAGE FOR LIABILITY NOT INSURED BY THE 4 FUND THROUGH ANY OF THE METHODS APPROVED IN ACCORDANCE WITH 5 SECTION 701(B). 6 (B) LIMIT OF PAYMENTS.--PAYMENTS TO ELIGIBLE OWNERS OR 7 OPERATORS SHALL BE LIMITED TO THE ACTUAL COSTS OF CORRECTIVE 8 ACTION AND THE AMOUNT OF AN AWARD OF DAMAGES BY A COURT OF 9 COMPETENT JURISDICTION FOR BODILY INJURY, PROPERTY DAMAGE, OR 10 BOTH, NOT TO EXCEED A TOTAL OF $1,000,000 PER TANK PER 11 OCCURRENCE. PAYMENTS OF CLAIMS AGAINST THE FUND SHALL BE SUBJECT 12 TO A DEDUCTIBLE AS PROVIDED IN SECTION 705. PAYMENTS SHALL BE 13 MADE ONLY FOR RELEASES RESULTING FROM STORAGE TANKS THAT ARE 14 LOCATED WITHIN THIS COMMONWEALTH. PAYMENTS SHALL NOT EXCEED AN 15 ANNUAL AGGREGATE OF $1,000,000 FOR EACH OWNER AND OPERATOR OF 16 100 OR LESS UNDERGROUND STORAGE TANKS OR AN ANNUAL AGGREGATE OF 17 $2,000,000 FOR EACH OWNER AND OPERATOR OF 101 OR MORE 18 UNDERGROUND STORAGE TANKS, UP TO THE TOTAL OF $1,000,000 PER <-- 19 TANK PER OCCURRENCE OR THE TOTAL ELIGIBLE COSTS OR DAMAGES. 20 (C) PROHIBITED USES.--MONEYS IN THE FUND SHALL NOT BE USED 21 FOR THE REPAIR, REPLACEMENT OR MAINTENANCE OF UNDERGROUND 22 STORAGE TANKS OR IMPROVEMENT OF PROPERTY ON WHICH THE TANKS ARE 23 LOCATED. 24 (D) EXPENSES.--ALL COSTS AND EXPENSES OF THE BOARD SHALL BE 25 PAID FROM THE FUND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION 26 OF EMPLOYEES AND ANY INDEPENDENT CONTRACTORS OR CONSULTANTS 27 HIRED BY THE BOARD. 28 SECTION 705. POWERS AND DUTIES OF UNDERGROUND STORAGE TANK 29 INDEMNIFICATION BOARD. 30 (A) SUPPORT.--THE BOARD MAY EMPLOY THE PERSONNEL NECESSARY 19890S0280B1405 - 95 -
1 TO PROCESS FEE PAYMENTS, TO ADMINISTER CLAIMS MADE AGAINST THE 2 UNDERGROUND STORAGE TANK INDEMNIFICATION FUND AND TO CARRY OUT 3 THE PURPOSES OF THE BOARD. THE BOARD MAY ALSO CONTRACT FOR THE 4 SERVICES OF ATTORNEYS, CONSULTANTS AND ACTUARIES NECESSARY TO 5 ADVISE THE BOARD IN ESTABLISHING FEES UNDER SUBSECTION (D) AND 6 DEDUCTIBLE AMOUNTS UNDER SUBSECTION (C). 7 (B) CLAIMS.--THE BOARD SHALL ESTABLISH PROCEDURES BY WHICH 8 OWNERS AND OPERATORS MAY MAKE CLAIMS FOR COSTS ESTIMATED OR 9 INCURRED IN TAKING CORRECTIVE ACTION AND FOR LIABILITY DUE TO 10 BODILY INJURY AND PROPERTY DAMAGE CAUSED BY A SUDDEN OR 11 NONSUDDEN RELEASE FROM UNDERGROUND STORAGE TANKS. CLAIMS 12 DETERMINED TO BE ELIGIBLE SHALL BE PAID UPON RECEIPT OF 13 INFORMATION REQUIRED UNDER REGULATIONS WHICH THE BOARD SHALL 14 PROMULGATE. THE BOARD, BY REGULATION, MAY ESTABLISH A SYSTEM FOR 15 PRIORITIZING CLAIMS. 16 (C) DEDUCTIBLE.-- 17 (1) CLAIMS SHALL BE SUBJECT TO A DEDUCTIBLE AMOUNT WHICH 18 THE BOARD SHALL SET ANNUALLY. THE BOARD SHALL GIVE AT LEAST 19 30 DAYS' NOTICE OF A PROPOSED CHANGE IN DEDUCTIBLE AMOUNTS BY 20 PUBLICATION IN THE PENNSYLVANIA BULLETIN, AND THE CHANGE 21 SHALL TAKE EFFECT ON THE DATE SPECIFIED IN THE NOTICE. EACH 22 OWNER OR OPERATOR SHALL BE RESPONSIBLE FOR THE AMOUNT OF THE 23 DEDUCTIBLE AS PROVIDED IN SECTION 705. 24 (2) THE BOARD SHALL SET THE INITIAL DEDUCTIBLE FOR 25 CORRECTIVE ACTION CLAIMS AT $75,000 PER TANK PER OCCURRENCE. 26 THEREAFTER, THE DEDUCTIBLE SHALL BE BASED ON AN ESTIMATE OF 27 THE AVERAGE COST OF TAKING CORRECTIVE ACTION DUE TO A SUDDEN 28 OR NONSUDDEN RELEASE FROM UNDERGROUND STORAGE TANKS IN THIS 29 COMMONWEALTH. THE BOARD SHALL NOT SET A DEDUCTIBLE IN AN 30 AMOUNT LOWER THAN $50,000 PER TANK PER OCCURRENCE. 19890S0280B1405 - 96 -
1 (3) THE BOARD SHALL SET THE INITIAL DEDUCTIBLE FOR 2 CLAIMS DUE TO BODILY INJURY, PROPERTY DAMAGE, OR BOTH, AT 3 $150,000 PER TANK PER OCCURRENCE. THEREAFTER, THE DEDUCTIBLE 4 SHALL BE BASED ON AN ESTIMATE OF THE AVERAGE AWARD FOR 5 SETTLEMENT OF THIRD-PARTY CLAIMS INVOLVING BODILY INJURY, 6 PROPERTY DAMAGE, OR BOTH, CAUSED BY A SUDDEN OR NONSUDDEN 7 RELEASE FROM UNDERGROUND STORAGE TANKS IN THIS COMMONWEALTH. 8 THE BOARD SHALL NOT SET A DEDUCTIBLE IN AN AMOUNT LOWER THAN 9 $100,000 PER TANK PER OCCURRENCE. 10 (D) FEES.--THE BOARD, BY REGULATIONS, SHALL ESTABLISH FEES 11 TO BE PAID BY THE OWNER OR OPERATOR, AS APPROPRIATE, OF 12 UNDERGROUND STORAGE TANKS. FEES SHALL BE SET ON AN ACTUARIAL 13 BASIS IN ORDER TO PROVIDE AN AMOUNT SUFFICIENT TO PAY 14 OUTSTANDING AND ANTICIPATED CLAIMS AGAINST THE UNDERGROUND 15 STORAGE TANK INDEMNIFICATION FUND IN A TIMELY MANNER. FEES SHALL 16 ALSO INCLUDE AN AMOUNT SUFFICIENT TO MEET ALL OTHER FINANCIAL 17 REQUIREMENTS OF THE BOARD. FEES SHALL BE ADJUSTED AS DEEMED 18 NECESSARY BY THE BOARD, BUT NO MORE THAN ONCE A YEAR. 19 (E) PAYMENT OF FEES.--FEES ESTABLISHED UNDER SUBSECTION (D) 20 SHALL BE PAID BY THE OWNER OF THE TANK UNLESS A WRITTEN 21 AGREEMENT BETWEEN THE OWNER AND THE OPERATOR PROVIDES OTHERWISE. 22 A PERSON WHO FAILS OR REFUSES TO PAY THE FEE OR A PART OF THE 23 FEE BY THE DATE ESTABLISHED BY THE BOARD SHALL BE ASSESSED A 24 PENALTY OF 5% OF THE AMOUNT DUE WHICH SHALL ACCRUE ON THE FIRST 25 DAY OF DELINQUENCY AND BE ADDED THERETO. THEREAFTER, ON THE LAST 26 DAY OF EACH MONTH DURING WHICH ANY PART OF ANY FEE OR ANY PRIOR 27 ACCRUED PENALTY REMAINS UNPAID, AN ADDITIONAL 5% OF THE THEN 28 UNPAID BALANCE SHALL ACCRUE AND BE ADDED THERETO. 29 (F) ADDITIONAL POWERS.--THE BOARD SHALL HAVE ADDITIONAL 30 POWERS AS MAY BE NECESSARY TO CARRY OUT ITS DUTIES UNDER THIS 19890S0280B1405 - 97 -
1 ACT, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 2 (1) TO MAKE CONTRACTS AND EXECUTE ALL INSTRUMENTS 3 NECESSARY OR CONVENIENT FOR CARRYING ON OF ITS BUSINESS. 4 (2) TO MAKE BYLAWS FOR THE MANAGEMENT AND REGULATION OF 5 ITS AFFAIRS AND TO ADOPT, AMEND AND REPEAL RULES, REGULATIONS 6 AND GUIDELINES GOVERNING THE ADMINISTRATIVE PROCEDURES AND 7 BUSINESS OF THE BOARD AND OPERATION AND ADMINISTRATION OF THE 8 FUND. REGULATIONS OF THE BOARD SHALL BE SUBJECT TO REVIEW 9 UNDER THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 10 THE REGULATORY REVIEW ACT. 11 (3) TO SUE OR BE SUED CONCERNING CLAIMS ARISING AS THE 12 RESULT OF A RELEASE FROM AN UNDERGROUND STORAGE TANK AND TO 13 IMPLEAD AND BE IMPLEADED, COMPLAIN AND DEFEND IN ALL COURTS. 14 (4) TO CONDUCT EXAMINATIONS AND INVESTIGATIONS AND TAKE 15 TESTIMONY UNDER OATH OR AFFIRMATION ON ANY MATTER NECESSARY 16 TO THE DETERMINATION OF APPROVAL OR DISAPPROVAL OF ANY CLAIM. 17 SECTION 706. ELIGIBILITY OF CLAIMANTS. 18 IN ORDER TO RECEIVE A PAYMENT FROM THE UNDERGROUND STORAGE 19 TANK INDEMNIFICATION FUND, A CLAIMANT SHALL MEET THE FOLLOWING 20 ELIGIBILITY REQUIREMENTS: 21 (1) THE CLAIMANT IS THE OWNER OR OPERATOR OF THE TANK 22 WHICH IS THE SUBJECT OF THE CLAIM. 23 (2) THE CURRENT FEE REQUIRED UNDER SECTION 705 HAS BEEN 24 PAID. 25 (3) THE TANK HAS BEEN REGISTERED IN ACCORDANCE WITH THE 26 REQUIREMENTS OF SECTION 503. 27 (4) THE OWNER OR OPERATOR HAS OBTAINED A PERMIT, IF 28 REQUIRED UNDER SECTIONS 501 AND 504. 29 (5) THE CLAIMANT DEMONSTRATES TO THE SATISFACTION OF THE 30 BOARD THAT THE RELEASE THAT IS THE SUBJECT OF THE CLAIM 19890S0280B1405 - 98 -
1 OCCURRED AFTER THE DATE ESTABLISHED BY THE BOARD FOR PAYMENT
2 OF THE FEE REQUIRED BY SECTION 705(D).
3 (6) ADDITIONAL ELIGIBILITY REQUIREMENTS WHICH THE BOARD
4 MAY ADOPT BY REGULATION.
5 SECTION 707. AUDIT.
6 THE BOARD SHALL CONTRACT FOR AN ANNUAL INDEPENDENT AUDIT OF
7 THE UNDERGROUND STORAGE TANK INDEMNIFICATION FUND.
8 SECTION 708. SUNSET REVIEW.
9 THE UNDERGROUND STORAGE TANK INDEMNIFICATION FUND AND THE
10 BOARD SHALL BE SUBJECT TO PERIODIC EVALUATION, REVIEW AND
11 TERMINATION OR CONTINUATION UNDER THE ACT OF DECEMBER 22, 1981
12 (P.L.508, NO.142), KNOWN AS THE SUNSET ACT, EVERY FIVE YEARS
13 COMMENCING WITH AN INITIAL TERMINATION DATE OF DECEMBER 31,
14 1993. NOTHING IN THE SUNSET ACT OR THIS SECTION SHALL BE
15 CONSTRUED TO INVALIDATE ANY CLAIM SUBMITTED PRIOR TO THE DATE OF
16 TERMINATION.
17 SECTION 709. LOAN FUND.
18 (A) ESTABLISHMENT.--THERE IS ESTABLISHED A SEPARATE ACCOUNT
19 IN THE STATE TREASURY TO BE KNOWN AS THE STORAGE TANK LOAN FUND,
20 WHICH SHALL BE A SPECIAL FUND ADMINISTERED BY THE DEPARTMENT OF
21 COMMERCE.
22 (B) PURPOSE.--IN A CASE WHEN THE DEPARTMENT HAS IDENTIFIED
23 NO MORE THAN TWO PERSONS OWNERS OR OPERATORS THAT INDIVIDUALLY <--
24 OWN NO MORE THAN 20 STORAGE TANKS AS POTENTIALLY LIABLE TO TAKE
25 CORRECTIVE ACTION UNDER SECTION 1302, SUCH PERSONS MAY BE
26 ELIGIBLE, UPON WRITTEN APPLICATION TO THE DEPARTMENT OF
27 COMMERCE, TO RECEIVE LONG-TERM, LOW-INTEREST LOANS IN AN AMOUNT
28 UP TO $15,000 AT AN INTEREST RATE NOT TO EXCEED 2%. THE
29 DEPARTMENT OF COMMERCE SHALL PROMULGATE REGULATIONS ESTABLISHING
30 ELIGIBILITY CRITERIA FOR THE LOANS. AS PART OF THIS EFFORT, THE
19890S0280B1405 - 99 -
1 DEPARTMENT OF COMMERCE SHALL INCLUDE A DETERMINATION OF THE 2 AVAILABILITY OF OTHER SOURCES OF FUNDS AT REASONABLE RATES TO 3 FINANCE ALL OR A PORTION OF THE RESPONSE ACTION AND THE NEED FOR 4 DEPARTMENT OF COMMERCE ASSISTANCE TO FINANCE THE RESPONSE 5 ACTION. 6 (C) FUNDS.--IN ADDITION TO ANY FUNDS AS MAY BE APPROPRIATED 7 BY THE GENERAL ASSEMBLY, AT LEAST 2% OF THE FUNDS RAISED 8 ANNUALLY BY THE ASSESSMENTS IMPOSED BY SECTIONS 303 AND 502 9 SHALL BE DEPOSITED INTO THE LOAN FUND. 10 (D) ANNUAL REPORT.--BEGINNING JANUARY 1, 1990, AND ANNUALLY 11 THEREAFTER, THE DEPARTMENT OF COMMERCE SHALL TRANSMIT TO THE 12 GENERAL ASSEMBLY A REPORT CONCERNING ACTIVITIES AND EXPENDITURES 13 MADE PURSUANT TO THIS SECTION FOR THE PRECEDING STATE FISCAL 14 YEAR. INCLUDED IN THIS REPORT SHALL BE INFORMATION CONCERNING 15 ALL REVENUES AND RECEIPTS DEPOSITED INTO THE LOAN FUND AND ALL 16 LOANS EXTENDED TO ELIGIBLE APPLICANTS. 17 (E) SUNSET.--THE LOAN FUND SHALL CEASE TO EXIST ON JUNE 30, 18 1993 1995, UNLESS IT IS REESTABLISHED BY ACTION OF THE GENERAL <-- 19 ASSEMBLY. ANY FUNDS REMAINING IN THE LOAN FUND ON JUNE 30, 1993 <-- 20 1995, SHALL LAPSE TO THE STORAGE TANK FUND. MONEY RECEIVED BY 21 THE DEPARTMENT OF COMMERCE AS REPAYMENT OF OUTSTANDING LOANS 22 AFTER JUNE 30, 1993 1995, SHALL LAPSE TO THE STORAGE TANK FUND. <-- 23 CHAPTER 9 24 SPILL PREVENTION RESPONSE PLAN 25 SECTION 901. SUBMISSION OF SPILL PREVENTION RESPONSE PLAN. 26 (A) SCHEDULE.--ACCOMPANYING THE REGISTRATION FORM AS SET <-- 27 FORTH IN SECTION 303, EACH EACH OWNER OF AN ABOVEGROUND STORAGE <-- 28 TANK OR TANK FACILITY SHALL SUBMIT TO THE DEPARTMENT WITHIN ONE 29 YEAR OF THE EFFECTIVE DATE OF THIS ACT A PLAN FOR EACH 30 ABOVEGROUND STORAGE TANK OR TANK FACILITY. EACH PLAN SHALL BE 19890S0280B1405 - 100 -
1 SITE-SPECIFIC AND BE CONSISTENT WITH THE REQUIREMENTS OF THIS
2 ACT AND SHALL BE DEVELOPED IN CONSULTATION WITH COUNTY AND <--
3 MUNICIPAL EMERGENCY MANAGEMENT AGENCIES. THIS CHAPTER SHALL NOT
4 APPLY TO ABOVEGROUND STORAGE TANK FACILITIES WITH A CAPACITY
5 EQUAL TO OR LESS THAN 21,000 GALLONS.
6 (B) PLAN REVISIONS.--EACH OWNER OF AN ABOVEGROUND STORAGE
7 TANK OR TANK FACILITY WITH AN APPROVED SPILL PREVENTION RESPONSE
8 PLAN SHALL SUBMIT A REVISED PLAN OR ADDENDUM TO THE PLAN TO THE
9 DEPARTMENT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS ACT IF
10 ANY OF THE FOLLOWING OCCUR:
11 (1) THERE IS A SUBSTANTIAL MODIFICATION IN DESIGN,
12 CONSTRUCTION, OPERATION, MAINTENANCE OF THE STORAGE TANK OR
13 TANK FACILITY OR ASSOCIATED EQUIPMENT OR OTHER CIRCUMSTANCES
14 THAT INCREASE THE POTENTIAL FOR FIRES, EXPLOSIONS OR RELEASES
15 OF REGULATED SUBSTANCES.
16 (2) THERE IS A SUBSTANTIAL MODIFICATION IN EMERGENCY
17 EQUIPMENT AT THE FACILITY.
18 (3) THERE ARE SUBSTANTIAL CHANGES IN TANK FACILITY
19 EMERGENCY ORGANIZATION.
20 (4) APPLICABLE DEPARTMENT REGULATIONS ARE REVISED.
21 (5) THE PLAN FAILS IN AN EMERGENCY.
22 (6) THE REMOVAL OR THE ADDITION OF ANY STORAGE TANK OR
23 STORAGE TANKS.
24 (7) OTHER CIRCUMSTANCES OCCUR OF WHICH THE DEPARTMENT
25 REQUESTS AN UPDATE.
26 (C) EXISTING PLANS.--ALL EXISTING PLANS REGARDING STORAGE
27 TANK FACILITIES REQUIRED BY THE DEPARTMENT PURSUANT TO THE ACT
28 OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS
29 LAW, AND KNOWN AS PREPAREDNESS, PREVENTION AND CONTINGENCY PLANS
30 MUST BE REVISED WITHIN TWO YEARS ONE YEAR OF THE EFFECTIVE DATE <--
19890S0280B1405 - 101 -
1 OF THIS ACT. THEREAFTER, ALL PLANS SUBMITTED IN ACCORDANCE WITH 2 THIS CHAPTER SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS 3 OF THE CLEAN STREAMS LAW, RELATING TO PREPAREDNESS, PREVENTION 4 AND CONTINGENCY PLANS. 5 SECTION 902. CONTENT OF SPILL PREVENTION RESPONSE PLAN. 6 (A) DESCRIPTION OF FACILITY.--THE PLAN SHALL IDENTIFY AND 7 DESCRIBE THE INDUSTRIAL OR COMMERCIAL ACTIVITY WHICH OCCURS AT 8 THE SITE, INCLUDING A SPECIFIC LISTING AND INVENTORY OF ALL 9 TYPES OF PRODUCTS STORED, AMOUNT OF PRODUCTS STORED AND WASTES 10 GENERATED WHICH ARE STORED AT THE ABOVEGROUND STORAGE TANK OR 11 TANK FACILITY. THE PLAN SHALL INCLUDE DRAWINGS OF THE 12 ABOVEGROUND STORAGE TANK FACILITY, INCLUDING LOCATION OF ALL 13 DRAINAGE PIPES AND WATER OUTLETS. 14 (B) DESCRIPTION OF THE ORGANIZATION STRUCTURE FOR PLAN 15 IMPLEMENTATION.--THE PLAN SHALL IDENTIFY ALL FACILITY RELATED 16 INDIVIDUALS AND THEIR DUTIES AND RESPONSIBILITIES FOR 17 DEVELOPING, IMPLEMENTING AND MAINTAINING THE FACILITIES' PLAN. 18 THE PLAN SHALL DESCRIBE IN DETAIL THE CHAIN OF COMMAND AT THE 19 ABOVEGROUND STORAGE TANK OR STORAGE TANK FACILITY AND LIST ALL 20 FACILITY EMERGENCY COORDINATORS, AND EMERGENCY RESPONSE 21 CONTRACTORS. 22 (C) SPILL LEAK PREVENTION AND RESPONSE.--THE PLAN SHALL 23 PROVIDE A PREVENTIVE MAINTENANCE PROGRAM THAT INCLUDES 24 MONITORING AND INSPECTION PROCEDURES, INCLUDING IDENTIFICATION 25 OF STRESS POINTS, EMPLOYEE TRAINING PROGRAM AND SECURITY SYSTEM. 26 THE PLAN SHALL INCLUDE A DESCRIPTION OF POTENTIAL SOURCES AND 27 AREAS WHERE SPILLS AND LEAKS MAY OCCUR BY DRAWINGS AND PLOT 28 PLANS AND SHALL IDENTIFY SPECIFIC SPILL PREVENTION MEASURES FOR 29 THOSE IDENTIFIED AREAS. 30 (D) COUNTERMEASURE.--THE PLAN SHALL EXPLAIN IN DETAIL THE 19890S0280B1405 - 102 -
1 SPECIFIC RESPONSE THAT STORAGE TANK FACILITY AND CONTRACT 2 EMERGENCY PERSONNEL SHALL TAKE UPON THE OCCURRENCE OF ANY 3 RELEASE AT THE FACILITY. 4 (E) EMERGENCY SPILL CONTROL NETWORK.--THE PLAN SHALL INCLUDE 5 INFORMATION OBTAINED BY THE OWNER OF THE ABOVEGROUND STORAGE 6 TANK FACILITY FROM THE COUNTY AND MUNICIPAL EMERGENCY MANAGEMENT 7 AGENCIES. THE PLAN SHALL ALSO CONTAIN INFORMATION RELATING TO 8 PERSONS TO BE NOTIFIED IN THE EVENT OF A SPILL. 9 (F) OTHER INFORMATION.--THE OWNER SHALL PROVIDE THE 10 DEPARTMENT WITH ALL OTHER INFORMATION REQUIRED BY THE DEPARTMENT 11 TO CARRY OUT ITS DUTIES UNDER THIS ACT. 12 SECTION 903. ABOVEGROUND STORAGE TANK FACILITY EMERGENCY <-- 13 RESPONSE PLAN. 14 (A) COUNTY EMERGENCY RESPONSE PLAN.--THE COUNTY EMERGENCY 15 MANAGEMENT AGENCY, AS DEFINED IN REGULATION FOR PLANNING 16 THRESHOLD, SHALL DEVELOP A COMPREHENSIVE ABOVEGROUND STORAGE 17 TANK EMERGENCY RESPONSE PLAN WHICH IS SITE-SPECIFIC TO THOSE 18 ABOVEGROUND STORAGE TANK FACILITIES WHICH REQUIRE ONSITE 19 EMERGENCY RESPONSE PLANS UNDER SECTION 901. ALL PLANS SHALL BE 20 COMPLETED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS 21 SECTION. THE PLAN SHALL BE CONSISTENT WITH ESTABLISHED EMERGENCY 22 RESPONSE PLANNING PROCEDURES AS ESTABLISHED BY THE PENNSYLVANIA 23 EMERGENCY MANAGEMENT COUNCIL AND THE PENNSYLVANIA EMERGENCY 24 MANAGEMENT AGENCY AND SHALL INCLUDE THE TIMELY NOTIFICATION OF 25 ALL DOWNSTREAM WATER COMPANIES AND DOWNSTREAM INDUSTRIAL 26 FACILITIES WHICH INTAKE WATER FROM POTENTIALLY CONTAMINATED 27 RIVERS, STREAMS AND CREEKS WITHIN 20 MILES OF THE ABOVEGROUND 28 STORAGE TANK FACILITY. THE COUNTY SHALL COORDINATE THE 29 DEVELOPMENT OF EACH ABOVEGROUND STORAGE TANK FACILITY EMERGENCY 30 RESPONSE PLAN WHICH SHALL BE CODEVELOPED WITH AFFECTED MUNICIPAL 19890S0280B1405 - 103 -
1 EMERGENCY MANAGEMENT AGENCIES AND THE FACILITY OPERATOR. THE 2 COUNTY SHALL SUBMIT COMPLETED PLANS TO THE PENNSYLVANIA 3 EMERGENCY MANAGEMENT AGENCY FOR REVIEW AND APPROVAL. AT LEAST 4 BIENNIAL UPDATES WILL BE REQUIRED. 5 (B) COUNTY PLANS REVIEW.--UPON RECEIPT OF COUNTY ABOVEGROUND 6 STORAGE TANK EMERGENCY RESPONSE PLANS, THE PENNSYLVANIA 7 EMERGENCY MANAGEMENT AGENCY SHALL REVIEW EACH PLAN TO ENSURE 8 CONSISTENCY AND COMPLIANCE WITH EXISTING FEDERAL AND STATE 9 EMERGENCY PLANNING REQUIREMENTS. THE PENNSYLVANIA EMERGENCY 10 MANAGEMENT AGENCY WILL NOTIFY THE COUNTY EMERGENCY MANAGEMENT 11 AGENCY IF CORRECTIONS OR CHANGES ARE NECESSARY AND THE 12 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY SHALL REQUIRE 13 CORRECTION OF THE PLANS BY THE COUNTY EMERGENCY MANAGEMENT 14 AGENCY, AS DESCRIBED IN 35 PA.C. S. § 7313 (RELATING TO POWERS 15 AND DUTIES). 16 (C) RULES AND REGULATIONS.--THE PENNSYLVANIA EMERGENCY 17 MANAGEMENT AGENCY SHALL HAVE THE AUTHORITY TO DEVELOP 18 REGULATIONS TO IMPLEMENT PROVISIONS OF THIS SECTION INCLUDING 19 REQUIREMENTS TO DEVELOP COUNTY ABOVEGROUND STORAGE TANK PLANS 20 BASED UPON A PLANNING THRESHOLD STANDARD AND TO EXERCISE COUNTY 21 ABOVEGROUND STORAGE TANK EMERGENCY RESPONSE PLANS ON A REGULAR 22 BASIS. 23 SECTION 904 903. REVIEW OF SPILL PREVENTION RESPONSE PLANS. <-- 24 (A) WRITTEN NOTICE.--THE OWNER OF THE ABOVEGROUND STORAGE 25 TANK FACILITY LOCATED ADJACENT TO SURFACE WATERS SHALL ANNUALLY 26 PROVIDE PUBLIC NOTICE TO ALL DOWNSTREAM MUNICIPALITIES, 27 DOWNSTREAM WATER COMPANIES AND DOWNSTREAM INDUSTRIAL USERS 28 WITHIN 20 MILES OF THE ABOVEGROUND STORAGE TANK FACILITY SITE 29 AND THE LOCAL MUNICIPALITY AND COUNTY IN WHICH THE FACILITY IS 30 LOCATED. THE NOTICE SHALL PROVIDE A DETAILED INVENTORY OF THE 19890S0280B1405 - 104 -
1 TYPE AND QUANTITY OF MATERIAL IN STORAGE AT THE FACILITY. THE 2 FACILITY OPERATOR SHALL BIENNIALLY ANNUALLY PROVIDE A COPY OF <-- 3 THE FACILITY EMERGENCY RESPONSE PLAN SPILL PREVENTION RESPONSE <-- 4 PLAN OR UPDATES TO THAT PLAN AFTER ITS INITIAL PREPARATION TO 5 THE COUNTY AND MUNICIPAL EMERGENCY MANAGEMENT AGENCY AND THE 6 DEPARTMENT. 7 (B) DEPARTMENT ACTION.--THE DEPARTMENT SHALL APPROVE THE 8 FACILITY SPILL PREVENTION RESPONSE PLAN OR DISAPPROVE THE PLAN <-- 9 AND PROVIDE THE OWNER OF THE STORAGE TANK OR TANK FACILITY WITH 10 SPECIFIC REASONS FOR THE DISAPPROVAL. IF DISAPPROVED, THE OWNER 11 OF THE STORAGE TANK OR TANK FACILITY SHALL SUBMIT A REVISED PLAN 12 TO THE DEPARTMENT. 13 SECTION 905 904. NOTIFICATION. <-- 14 (A) PROCEDURE FOR OFFSITE SPILL NOTIFICATION.--UPON THE <-- 15 OCCURRENCE OF AN OFFSITE A RELEASE AT THE ABOVEGROUND STORAGE <-- 16 TANK, THE OWNER OR OPERATOR OF A STORAGE TANK SHALL IMMEDIATELY 17 NOTIFY THE COUNTY EMERGENCY MANAGEMENT AGENCY, THE PENNSYLVANIA 18 EMERGENCY MANAGEMENT AGENCY AND THE DEPARTMENT. ALL DOWNSTREAM 19 WATER COMPANIES, DOWNSTREAM MUNICIPALITIES AND DOWNSTREAM 20 INDUSTRIAL USERS WITHIN 20 MILES OF THE ABOVEGROUND STORAGE TANK 21 LOCATED ADJACENT TO SURFACE WATERS SHALL BE NOTIFIED ON A 22 PRIORITY BASIS BASED ON THE PROXIMITY OF THE RELEASE BY THE 23 OWNER OR OPERATOR OF THE AGENT OF THE OWNER OR OPERATOR OF THE 24 ABOVEGROUND STORAGE TANK WITHIN TWO HOURS OF ANY RELEASE WHICH 25 ENTERS A WATER SUPPLY OR WHICH THREATENS THE WATER SUPPLY OF 26 DOWNSTREAM USERS. WHERE THE OWNER OR OPERATOR OR HIS AGENT <-- 27 FAILED TO NOTIFY OR IS INCAPABLE OF NOTIFYING DOWNSTREAM WATER 28 USERS, THE COUNTY EMERGENCY MANAGEMENT AGENCY SHALL MAKE THE 29 REQUIRED NOTIFICATIONS. 30 (B) PROCEDURE FOR ONSITE SPILL NOTIFICATION.--UPON THE <-- 19890S0280B1405 - 105 -
1 OCCURRENCE OF AN ONSITE RELEASE WITH LIMITED POTENTIAL FOR 2 OFFSITE IMPACT AT THE ABOVEGROUND STORAGE TANK, THE OWNER OR 3 OPERATOR OF A STORAGE TANK SHALL IMMEDIATELY NOTIFY THE 4 DEPARTMENT. IF AN EMERGENCY RESPONSE IS REQUIRED, THE 5 ABOVEGROUND STORAGE TANK OWNER OR OPERATOR SHALL NOTIFY THE 6 COUNTY EMERGENCY MANAGEMENT AGENCY. 7 (C) (B) NOTIFICATION LIST.--THE OWNER OF THE ABOVEGROUND 8 STORAGE TANK OR TANK FACILITY LOCATED ADJACENT TO SURFACE WATERS 9 SHALL ANNUALLY OBTAIN AND ANNUALLY UPDATE A LIST FROM THE LOCAL 10 EMERGENCY MANAGEMENT AGENCY OF ALL DOWNSTREAM MUNICIPAL WATER 11 USERS, WATER COMPANIES AND INDUSTRIAL USERS WITHIN 20 MILES OF 12 THE TANK FACILITY. 13 (D) COUNTY NOTIFICATION.--UPON NOTIFICATION OF AN OFFSITE <-- 14 ACTUAL RELEASE OR POTENTIAL FAILURE OF AN ABOVEGROUND STORAGE 15 TANK, THE COUNTY EMERGENCY MANAGEMENT AGENCY SHALL NOTIFY THE 16 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND SHALL THEN CONTACT 17 ALL DOWNSTREAM USERS WITHIN 20 MILES OF THE ABOVEGROUND STORAGE 18 TANK LOCATED ADJACENT TO SURFACE WATERS TO INITIATE APPROPRIATE 19 EMERGENCY RESPONSE ACTIONS. 20 (E) STATE VERIFICATION.--UPON NOTIFICATION OF AN ACTUAL 21 RELEASE OR POTENTIAL FAILURE OF AN ABOVEGROUND STORAGE TANK, THE 22 DEPARTMENT SHALL VERIFY NOTIFICATION AND BE AVAILABLE TO RESPOND 23 TO REQUESTS FOR TECHNICAL ADVICE ON A PRIORITY BASIS BASED ON 24 THE PROXIMITY OF THE RELEASE WHICH THREATENS THE WATER SUPPLY OF 25 DOWNSTREAM USERS. 26 (F) (C) STATE AGENCY.--NOTWITHSTANDING ANY FEDERAL LAW TO 27 THE CONTRARY, THE DEPARTMENT IS HEREBY DESIGNATED AS THE STATE 28 AGENCY EMPOWERED TO DIRECT EMERGENCY CLEANUP EFFORTS ONSITE AT A 29 RELEASE SITE UPON THE OCCURRENCE OF A RELEASE. 30 (G) (D) OTHER EMERGENCY RESPONSE PLANS.--NOTWITHSTANDING <-- 19890S0280B1405 - 106 -
1 CHAPTER 9 TO THE CONTRARY, THE ABOVEGROUND STORAGE TANK FACILITY <-- 2 EMERGENCY SPILL PREVENTION RESPONSE PLAN SHALL BE DEVELOPED <-- 3 JOINTLY BY THE OWNER OF THE ABOVEGROUND STORAGE TANK AND IN <-- 4 CONSULTATION WITH THE LOCAL AND COUNTY EMERGENCY MANAGEMENT 5 AGENCY AND REVIEWED BY THE PENNSYLVANIA EMERGENCY MANAGEMENT <-- 6 AGENCY CONSISTENT WITH THE EMERGENCY MANAGEMENT PROCEDURES 7 DEVELOPED BY LOCAL EMERGENCY MANAGEMENT AGENCIES UNDER TITLE III 8 OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 9 (PUBLIC LAW 99-499, 100 STAT. 1613). 10 CHAPTER 11 11 SITING OF NEW ABOVEGROUND STORAGE TANK FACILITY 12 AND REGULATIONS 13 SECTION 1101. NOTIFICATION. 14 (A) PROCEDURE.--THE OWNER OR OPERATOR OF AN EXISTING OR 15 PROPOSED ABOVEGROUND TANK FACILITY SHALL PROVIDE WRITTEN 16 NOTIFICATION TO THE LOCAL MUNICIPALITY AND COUNTY IN WHICH THE 17 ABOVEGROUND TANK FACILITY IS SITUATED OR TO BE LOCATED PRIOR TO 18 SUBMITTING AN APPLICATION FOR AN ABOVEGROUND STORAGE PERMIT TO 19 CONSTRUCT OR RECONSTRUCT AN ADDITIONAL ABOVEGROUND STORAGE TANK 20 AT THE ABOVEGROUND STORAGE TANK FACILITY OR CONSTRUCT A NEW 21 ABOVEGROUND STORAGE TANK FACILITY. THIS CHAPTER SHALL NOT APPLY 22 TO ABOVEGROUND STORAGE TANKS WITH A CAPACITY EQUAL TO OR LESS 23 THAN 21,000 GALLONS. 24 (B) PUBLIC HEARINGS.--UPON SUBMISSION TO THE DEPARTMENT OF 25 THE PERMIT APPLICATION TO CONSTRUCT ANY NEW ABOVEGROUND TANK 26 FACILITY, THE DEPARTMENT MAY HOLD A PUBLIC HEARING IN THE 27 MUNICIPALITY OR COUNTY IN WHICH THE ABOVEGROUND TANK FACILITY IS 28 PROPOSED TO BE LOCATED. THE DEPARTMENT SHALL PUBLISH THE PERMIT 29 APPLICATION IN THE PENNSYLVANIA BULLETIN UPON RECEIPT OF THE 30 PERMIT APPLICATION AND PROVIDE NOT MORE THAN A 60-DAY COMMENT 19890S0280B1405 - 107 -
1 PERIOD. 2 (C) PUBLIC COMMENT ON ABOVEGROUND STORAGE TANK PERMIT.--THE 3 DEPARTMENT SHALL PUBLISH THE ABOVEGROUND STORAGE TANK FACILITY 4 PERMIT APPLICATION IN THE PENNSYLVANIA BULLETIN UPON RECEIPT OF 5 THE PERMIT APPLICATION AND PROVIDE A 30-DAY COMMENT PERIOD FOR 6 NEW ABOVEGROUND STORAGE TANK FACILITIES. 7 SECTION 1102. SITING REGULATIONS. 8 THE ENVIRONMENTAL QUALITY BOARD SHALL DEVELOP SITING 9 REGULATIONS FOR NEW ABOVEGROUND STORAGE TANK FACILITIES WHICH 10 SHALL CONTAIN DETAILED PROVISIONS WHICH AN APPLICANT SHALL USE 11 TO EVALUATE A POTENTIAL SITE. THE REGULATIONS SHALL INCLUDE, BUT 12 NOT BE LIMITED TO, CONSIDERATION FOR PUBLIC HEALTH AND SAFETY, 13 PROTECTION OF WATER SUPPLY SOURCES, WATER QUALITY, AIR QUALITY, 14 FLOODING, TOPOGRAPHY, SOIL CONDITIONS AND HYDROGEOLOGY. THE 15 BOARD SHALL HOLD AT LEAST ONE PUBLIC HEARING ON THE SITING 16 REGULATIONS AND SHALL SOLICIT AND TAKE INTO CONSIDERATION 17 WRITTEN PUBLIC COMMENTS, PRIOR TO FINAL ADOPTION. 18 CHAPTER 13 19 ENFORCEMENT 20 SECTION 1301. WITHHOLDING PERMIT. 21 THE DEPARTMENT SHALL NOT ISSUE ANY PERMIT PURSUANT TO THIS 22 ACT OR AMEND ANY PERMIT ISSUED UNDER THIS ACT, AND MAY REVOKE 23 ANY PERMIT PREVIOUSLY ISSUED UNDER THIS ACT, IF IT FINDS, AFTER 24 INVESTIGATION AND AN OPPORTUNITY FOR INFORMAL HEARING, THAT: 25 (1) THE APPLICANT HAS FAILED AND CONTINUES TO FAIL TO 26 COMPLY WITH ANY PROVISIONS OF FEDERAL OR STATE LAW WHICH ARE 27 IN ANY WAY CONNECTED WITH OR RELATED TO THE REGULATION OF 28 STORAGE TANKS OR OF ANY RELEVANT RULE, REGULATION, PERMIT OR 29 ORDER OF THE DEPARTMENT OR RELATED TO THE REGULATION OF 30 STORAGE TANKS. 19890S0280B1405 - 108 -
1 (2) THE APPLICANT HAS SHOWN A LACK OF ABILITY OR 2 INTENTION TO COMPLY WITH ANY LAW, RULE, REGULATION, PERMIT OR 3 ORDER OF THE DEPARTMENT ISSUED PURSUANT TO THIS ACT AS 4 INDICATED BY PAST OR CONTINUING VIOLATIONS. ANY PERSON, 5 PARTNERSHIP, ASSOCIATION OR CORPORATION WHICH HAS VIOLATED 6 THIS ACT, RULE, REGULATION, ORDER OF THE DEPARTMENT, OR ANY 7 CONDITION OF ANY PERMIT ISSUED PURSUANT TO THIS ACT, OR WHICH 8 HAS A PARTNER, ASSOCIATE, OFFICER, PARENT CORPORATION, 9 SUBSIDIARY CORPORATION, CONTRACTOR OR SUBCONTRACTOR WHICH HAS 10 ENGAGED IN SUCH VIOLATION SHALL BE DENIED ANY PERMIT REQUIRED 11 BY THIS ACT UNLESS THE PERMIT APPLICATION DEMONSTRATES THAT 12 THE VIOLATION IS BEING CORRECTED TO THE SATISFACTION OF THE 13 DEPARTMENT. 14 SECTION 1302. RESPONSIBILITIES OF OWNERS AND OPERATORS. 15 (A) ORDER TO CORRECT CONDITION.--WHENEVER THE DEPARTMENT 16 FINDS THAT A RELEASE OR DANGER OF A RELEASE IS OR MAY BE 17 RESULTING FROM A STORAGE TANK IN THIS COMMONWEALTH, THE 18 DEPARTMENT MAY ORDER THE OWNER, OPERATOR, LANDOWNER OR OCCUPIER 19 TO TAKE CORRECTIVE ACTION IN A MANNER SATISFACTORY TO THE 20 DEPARTMENT OR IT MAY ORDER SUCH OWNER, OPERATOR, LANDOWNER OR 21 OCCUPIER TO ALLOW ACCESS TO THE LAND BY THE DEPARTMENT OR A 22 THIRD PARTY TO TAKE SUCH ACTION. 23 (B) ASSESSMENT OF EXPENSES.--FOR PURPOSES OF COLLECTING OR 24 RECOVERING THE EXPENSE INVOLVED IN TAKING CORRECTIVE AND COST 25 RECOVERY ACTION PURSUANT TO AN ORDER OR OTHERWISE, OR RECOVERING <-- 26 THE COST OF INVESTIGATION, CORRECTIVE ACTION, LITIGATION, <-- 27 OVERSIGHT, MONITORING, SAMPLING, TESTING, INVESTIGATION RELATED <-- 28 TO A CORRECTIVE ACTION AND OTHER EXPENSES. NECESSARY TO RESPOND <-- 29 TO A VIOLATION OF THIS ACT, THE THE DEPARTMENT MAY COLLECT THE <-- 30 AMOUNT IN THE SAME MANNER AS CIVIL PENALTIES ARE COLLECTED UNDER 19890S0280B1405 - 109 -
1 THE PROVISIONS OF SECTION 1307(B). 2 (C) CONTRACTS.--THE DEPARTMENT IS AUTHORIZED TO ENTER INTO 3 CONTRACTS AND TO DEVELOP STREAMLINED CONTRACT PROCEDURES, 4 POLICIES, RULES AND REGULATIONS THAT PROVIDE FOR: 5 (1) THE IDENTIFICATION, INVESTIGATION, CONTAINMENT, 6 REMEDIATION, DISPOSAL, MONITORING AND MAINTENANCE OF LEAKING 7 UNDERGROUND STORAGE TANKS. 8 (2) CONDUCTING AND FUNDING PROGRAMS FOR RESEARCH INTO 9 INNOVATIVE AND ALTERNATIVE METHODS FOR SITE REMEDIATION. 10 (3) THE PURCHASE, LEASE OR RENTAL OF EQUIPMENT, AND 11 OTHER NECESSARY EXPENSES. 12 (4) EMERGENCY HOUSING, REPLACEMENT WATER SUPPLIES AND 13 WATER SOURCES. 14 SECTION 1303. PROTECTION OF WATER SUPPLIES. 15 (A) REGULATIONS.--IN ADDITION TO THE POWERS AND AUTHORITY 16 HEREINBEFORE GRANTED, POWER AND AUTHORITY IS HEREBY CONFERRED 17 UPON THE DEPARTMENT TO MAKE, ADOPT, PROMULGATE AND ENFORCE 18 ORDERS, AND REGULATIONS FOR THE PROTECTION OF ANY SOURCE OF 19 WATER FOR PRESENT OR FUTURE SUPPLY TO THE PUBLIC OR OTHER 20 LEGITIMATE USE, PROHIBITING THE POLLUTION OF ANY SUCH SOURCE OF 21 WATER WHICH WOULD RENDER THE SAME INIMICAL OR INJURIOUS TO THE 22 PUBLIC HEALTH OR OBJECTIONABLE FOR THE PURPOSES SERVED BY THE 23 WATER SUPPLY AND FOR THE REPLACEMENT OF ANY WATER SUPPLY 24 AFFECTED, POLLUTED, DIMINISHED OR THREATENED BY A RELEASE FROM A 25 STORAGE TANK. FOR PURPOSES OF THIS SECTION, WATER SUPPLY TO THE 26 PUBLIC SHALL INCLUDE A WATER SUPPLY SERVING ONE OR MORE PERSONS. 27 (B) AFFECTED OR DIMINISHED SUPPLY.--ANY OWNER OR OPERATOR 28 OF A STORAGE TANK WHO AFFECTS OR DIMINISHES A WATER SUPPLY AS A 29 RESULT OF A RELEASE SHALL RESTORE OR REPLACE THE AFFECTED SUPPLY 30 WITH AN ALTERNATE SOURCE OF WATER ADEQUATE IN QUANTITY AND 19890S0280B1405 - 110 -
1 QUALITY FOR THE PURPOSES SERVED BY THE SUPPLY, AT NO COST TO THE <-- 2 OWNER OF THE AFFECTED WATER SUPPLY. 3 SECTION 1304. PUBLIC NUISANCES. 4 A VIOLATION OF THIS ACT OR OF ANY ORDER OR REGULATION ADOPTED 5 BY THE DEPARTMENT OR OF PERMITS ISSUED BY THE DEPARTMENT SHALL 6 CONSTITUTE A PUBLIC NUISANCE. THE DEPARTMENT SHALL HAVE THE 7 AUTHORITY TO ORDER ANY PERSON CAUSING A PUBLIC NUISANCE OR THE <-- 8 OWNER OR OPERATOR OF A STORAGE TANK, THE LANDOWNER OR OCCUPIER, 9 TO ABATE THE PUBLIC NUISANCE. IN ADDITION, THE DEPARTMENT OR ANY 10 COMMONWEALTH AGENCY WHICH UNDERTAKES TO ABATE A PUBLIC NUISANCE 11 MAY RECOVER THE COSTS OF ABATEMENT IN AN ACTION IN EQUITY 12 BROUGHT BEFORE ANY COURT OF COMPETENT JURISDICTION. WHENEVER 13 SUCH NUISANCE SHALL BE MAINTAINED OR CONTINUED CONTRARY TO THIS 14 ACT OR SUCH ORDERS, POLICIES, REGULATIONS OR PERMITS THE SAME <-- 15 MAY BE ABATABLE IN THE MANNER PROVIDED BY THIS ACT. ANY PERSON 16 WHO CAUSES SUCH PUBLIC NUISANCE SHALL BE LIABLE FOR THE COST OF 17 ABATEMENT. 18 SECTION 1305. SUITS TO ABATE NUISANCES AND RESTRAIN VIOLATIONS. 19 (A) SUITS TO ABATE NUISANCES.--ANY ACTIVITY OR CONDITION 20 DECLARED BY THIS ACT TO BE A NUISANCE, OR WHICH IS OTHERWISE IN 21 VIOLATION OF THIS ACT, SHALL BE ABATABLE IN THE MANNER PROVIDED 22 BY LAW OR EQUITY FOR THE ABATEMENT OF PUBLIC NUISANCES. IN 23 ADDITION, IN ORDER TO RESTRAIN OR PREVENT ANY VIOLATION OF THIS 24 ACT AND OF THE RULES, REGULATIONS OR ORDERS ISSUED THEREUNDER, 25 OR TO RESTRAIN THE MAINTENANCE AND THREAT OF PUBLIC NUISANCE, 26 SUITS MAY BE INSTITUTED IN EQUITY OR AT LAW IN THE NAME OF THE 27 COMMONWEALTH UPON RELATION OF THE ATTORNEY GENERAL, THE GENERAL 28 COUNSEL OR UPON RELATION OF ANY DISTRICT ATTORNEY OF ANY COUNTY, 29 OR UPON RELATION OF THE SOLICITOR OF ANY MUNICIPALITY AFFECTED, 30 AFTER NOTICE HAS FIRST BEEN SERVED UPON THE ATTORNEY GENERAL OF 19890S0280B1405 - 111 -
1 THE INTENTION OF THE GENERAL COUNSEL, DISTRICT ATTORNEY OR 2 SOLICITOR TO SO PROCEED. SUCH PROCEEDINGS MAY BE PROSECUTED IN 3 THE COMMONWEALTH COURT, OR IN THE COURT OF COMMON PLEAS OF THE 4 COUNTY WHERE THE ACTIVITY HAS TAKEN PLACE, THE CONDITION EXISTS, 5 OR THE PUBLIC IS AFFECTED, AND TO THAT END JURISDICTION IS 6 HEREBY CONFERRED IN LAW AND EQUITY UPON SUCH COURTS. EXCEPT IN 7 CASES OF EMERGENCY WHERE, IN THE OPINION OF THE COURT, THE 8 EXIGENCIES OF THE CASE REQUIRE IMMEDIATE ABATEMENT OF THE 9 NUISANCE, THE COURT MAY, IN ITS DECREE, FIX A REASONABLE TIME 10 DURING WHICH THE PERSON RESPONSIBLE FOR THE NUISANCE MAY MAKE 11 PROVISION FOR THE ABATEMENT OF THE SAME. 12 (B) MANDATORY AND SPECIAL INJUNCTIONS.--IN CASES WHERE THE 13 CIRCUMSTANCES REQUIRE IT OR THE PUBLIC HEALTH IS ENDANGERED, A 14 MANDATORY PRELIMINARY INJUNCTION, SPECIAL INJUNCTION OR 15 TEMPORARY RESTRAINING ORDER MAY BE ISSUED UPON THE TERMS 16 PRESCRIBED BY THE COURT, NOTICE OF THE APPLICATION THEREFOR 17 HAVING BEEN GIVEN TO THE DEFENDANT IN ACCORDANCE WITH THE RULES 18 OF EQUITY PRACTICE, AND IN ANY SUCH CASE THE ATTORNEY GENERAL, 19 THE GENERAL COUNSEL, THE DISTRICT ATTORNEY OR THE SOLICITOR OF 20 ANY MUNICIPALITY SHALL NOT BE REQUIRED TO GIVE BOND. IN ANY SUCH 21 PROCEEDING THE COURT SHALL, UPON MOTION OF THE COMMONWEALTH, 22 ISSUE A PROHIBITORY OR MANDATORY PRELIMINARY INJUNCTION IF IT 23 FINDS THAT THE DEFENDANT IS ENGAGING IN UNLAWFUL CONDUCT AS 24 DEFINED BY THIS ACT OR IS ENGAGED IN CONDUCT WHICH IS CAUSING 25 IMMEDIATE AND IRREPARABLE HARM TO THE PUBLIC. IN ADDITION TO AN 26 INJUNCTION, THE COURT IN SUCH EQUITY PROCEEDINGS MAY LEVY CIVIL 27 PENALTIES IN THE SAME MANNER AS THE DEPARTMENT IN ACCORDANCE 28 WITH SECTION 1307. 29 (C) PRIVATE ACTIONS.--EXCEPT AS PROVIDED IN SUBSECTION (D), 30 ANY PERSON HAVING AN INTEREST WHICH IS OR MAY BE AFFECTED MAY 19890S0280B1405 - 112 -
1 COMMENCE A CIVIL ACTION ON HIS BEHALF TO COMPEL COMPLIANCE WITH 2 THIS ACT OR ANY RULE, REGULATION, ORDER OR PERMIT ISSUED 3 PURSUANT TO THIS ACT BY ANY OWNER, OPERATOR, LANDOWNER OR 4 OCCUPIER ALLEGED TO BE IN VIOLATION OF ANY PROVISION OF THIS ACT 5 OR ANY RULE, REGULATION, ORDER OR PERMIT ISSUED PURSUANT TO THIS 6 ACT. EXCEPT WHERE 42 PA.C.S. (RELATING TO JUDICIARY AND JUDICIAL 7 PROCEDURE) REQUIRES OTHERWISE, THE COURTS OF COMMON PLEAS SHALL 8 HAVE JURISDICTION OF SUCH ACTIONS, AND VENUE IN SUCH ACTIONS 9 SHALL BE AS SET FORTH IN THE RULES OF CIVIL PROCEDURE CONCERNING 10 CIVIL ACTIONS IN ASSUMPSIT. NO SUCH ACTION MAY BE COMMENCED IF 11 THE DEPARTMENT HAS COMMENCED AND IS DILIGENTLY PROSECUTING A 12 CIVIL ACTION IN A COURT OF THE UNITED STATES OR OF THE 13 COMMONWEALTH OR IS IN LITIGATION BEFORE THE ENVIRONMENTAL 14 HEARING BOARD TO REQUIRE THE ALLEGED VIOLATOR TO COMPLY WITH 15 THIS ACT OR ANY RULE, REGULATION, ORDER OR PERMIT ISSUED 16 PURSUANT TO THIS ACT, BUT IN ANY SUCH ACTION IN A COURT OF THE 17 UNITED STATES OR OF THE COMMONWEALTH, ANY PERSON HAVING OR 18 REPRESENTING AN INTEREST WHICH IS OR MAY BE ADVERSELY AFFECTED 19 MAY INTERVENE AS A MATTER OF RIGHT WITHOUT POSTING BOND. 20 (D) NOTICE OF PRIVATE ACTION.--NO ACTION PURSUANT TO 21 SUBSECTION (C) MAY BE COMMENCED PRIOR TO 60 DAYS AFTER THE 22 PLAINTIFF HAS GIVEN NOTICE, IN WRITING, OF THE VIOLATION TO THE 23 DEPARTMENT AND TO ANY ALLEGED VIOLATOR. 24 (E) NOTICE NOT REQUIRED.--THE 60-DAY NOTICE PROVISIONS OF 25 SUBSECTION (D) TO THE CONTRARY NOTWITHSTANDING, ANY ACTION 26 PURSUANT TO SUBSECTION (C) MAY BE INITIATED IMMEDIATELY UPON 27 WRITTEN NOTIFICATION TO THE DEPARTMENT IN THE CASE WHERE THE 28 VIOLATION OR ORDER COMPLAINED OF CONSTITUTES AN IMMINENT THREAT 29 TO THE HEALTH OR SAFETY OF THE PLAINTIFF OR WOULD IMMEDIATELY 30 AFFECT A LEGAL INTEREST OF THE PLAINTIFF. 19890S0280B1405 - 113 -
1 (F) FEES AND COSTS.--THE COURT, IN ISSUING ANY FINAL ORDER 2 IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION, MAY AWARD COSTS 3 OF LITIGATION (INCLUDING ATTORNEY AND EXPERT WITNESS FEES) TO 4 ANY PARTY, WHENEVER THE COURT DETERMINES SUCH AWARD IS 5 APPROPRIATE. EXCEPT AS PROVIDED IN SUBSECTION (B), THE COURT 6 MAY, IF A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION 7 IS SOUGHT, REQUIRE THE FILING OF A BOND OR EQUIVALENT SECURITY 8 IN ACCORD WITH THE RULES OF CIVIL PROCEDURE. 9 SECTION 1306. CRIMINAL PENALTIES. 10 (A) SUMMARY OFFENSE.--ANY PERSON WHO VIOLATES ANY PROVISION 11 OF THIS ACT, ANY RULE OR REGULATION OF THE DEPARTMENT, ANY ORDER 12 OF THE DEPARTMENT, OR ANY CONDITION OR TERM OF ANY PERMIT OR 13 CERTIFICATION ISSUED PURSUANT TO THIS ACT COMMITS A SUMMARY 14 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE 15 OF NOT LESS THAN $100 NOR MORE THAN $1,000 FOR EACH SEPARATE 16 OFFENSE, AND, IN DEFAULT OF THE PAYMENT OF SUCH FINE, MAY BE 17 SENTENCED TO IMPRISONMENT FOR 90 DAYS. EMPLOYEES OF THE 18 DEPARTMENT ARE HEREBY DECLARED TO BE LAW ENFORCEMENT OFFICERS 19 FOR PURPOSES OF ISSUING CITATIONS FOR SUMMARY VIOLATIONS UNDER 20 THIS ACT. 21 (B) MISDEMEANOR.-- 22 (1) ANY PERSON WHO WILLFULLY OR NEGLIGENTLY VIOLATES ANY 23 PROVISION OF THIS ACT, ANY RULE OR REGULATION OF THE 24 DEPARTMENT, ANY ORDER OF THE DEPARTMENT, OR ANY CONDITION OR 25 TERM OF ANY PERMIT ISSUED PURSUANT TO THIS ACT COMMITS A 26 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, 27 BE SENTENCED TO PAY A FINE OF NOT LESS THAN $2,500 NOR MORE 28 THAN $25,000 PER DAY FOR EACH SEPARATE OFFENSE OR TO 29 IMPRISONMENT FOR A PERIOD OF NOT MORE THAN ONE YEAR, OR BOTH. 30 (2) ANY PERSON WHO, AFTER A CONVICTION OF A MISDEMEANOR 19890S0280B1405 - 114 -
1 FOR ANY VIOLATION AS PROVIDED IN PARAGRAPH (1), WILLFULLY OR 2 NEGLIGENTLY VIOLATES ANY PROVISION OF THIS ACT, ANY RULE OR 3 REGULATION OF THE DEPARTMENT, ANY ORDER OF THE DEPARTMENT, OR 4 ANY CONDITION OR TERM OF ANY PERMIT ISSUED PURSUANT TO THIS 5 ACT COMMITS A MISDEMEANOR OF THE SECOND DEGREE AND SHALL, 6 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF NOT LESS THAN 7 $5,000 NOR MORE THAN $50,000 FOR EACH SEPARATE OFFENSE OR TO 8 IMPRISONMENT FOR A PERIOD OF NOT MORE THAN TWO YEARS, OR 9 BOTH. 10 (C) CONTINUING VIOLATIONS.--EACH DAY OF CONTINUED VIOLATION 11 AND EACH VIOLATION OF ANY PROVISION OF THIS ACT, ANY RULE OR 12 REGULATION OF THE DEPARTMENT, ANY ORDER OF THE DEPARTMENT, OR 13 ANY CONDITION OR TERM OF ANY PERMIT ISSUED PURSUANT TO THIS ACT 14 SHALL CONSTITUTE A SEPARATE OFFENSE. 15 SECTION 1307. CIVIL PENALTIES. 16 (A) ASSESSMENT.--IN ADDITION TO PROCEEDING UNDER ANY OTHER 17 REMEDY AVAILABLE AT LAW OR IN EQUITY FOR A VIOLATION OF A 18 PROVISION OF THIS ACT, RULE, REGULATION, ORDER OF THE 19 DEPARTMENT, OR A CONDITION OR TERM OF ANY PERMIT ISSUED PURSUANT 20 TO THIS ACT, THE DEPARTMENT MAY ASSESS A CIVIL PENALTY FOR THE 21 VIOLATION. THIS PENALTY MAY BE ASSESSED WHETHER OR NOT THE 22 VIOLATION WAS WILLFUL. THE CIVIL PENALTY SO ASSESSED SHALL NOT 23 EXCEED $10,000 PER DAY FOR EACH VIOLATION. IN DETERMINING THE 24 AMOUNT OF THE PENALTY, THE DEPARTMENT SHALL CONSIDER THE 25 WILLFULNESS OF THE VIOLATION; DAMAGE TO AIR, WATER, LAND OR 26 OTHER NATURAL RESOURCES OF THIS COMMONWEALTH OR THEIR USES; COST 27 OF RESTORATION AND ABATEMENT; SAVINGS RESULTING TO THE PERSON IN 28 CONSEQUENCE OF THE VIOLATION; DETERRENCE OF FUTURE VIOLATIONS; 29 AND OTHER RELEVANT FACTORS. EACH VIOLATION OF ANY PROVISION OF 30 THIS ACT, RULE, REGULATION, ORDER OF THE DEPARTMENT OR CONDITION 19890S0280B1405 - 115 -
1 OF A PERMIT AND EACH DAY OF VIOLATION SHALL CONSTITUTE A 2 SEPARATE VIOLATION. 3 (B) COLLECTION.--WHEN THE DEPARTMENT OR ANY STATE AGENCY, 4 FEDERAL AGENCY, COUNTY, JOINT COUNTY AUTHORITY OR MULTIMUNICIPAL 5 AUTHORITY DELEGATED AUTHORITY TO ASSESS CIVIL PENALTIES UNDER 6 SECTION 107(A) PROPOSES TO ASSESS A CIVIL PENALTY, IT SHALL 7 INFORM THE PERSON OF THE PROPOSED AMOUNT OF THE PENALTY. THE 8 PERSON CHARGED WITH THE PENALTY SHALL THEN HAVE 30 DAYS TO PAY 9 THE PROPOSED PENALTY IN FULL OR, IF THE PERSON WISHES TO CONTEST 10 THE AMOUNT OF THE PENALTY OR THE FACT OF THE VIOLATION, FORWARD 11 THE PROPOSED AMOUNT OF THE PENALTY TO THE DEPARTMENT WITHIN THE 12 30-DAY PERIOD FOR PLACEMENT IN AN ESCROW ACCOUNT WITH THE STATE 13 TREASURER OR ANY PENNSYLVANIA BANK, OR POST AN APPEAL BOND TO 14 THE DEPARTMENT WITHIN 30 DAYS IN THE AMOUNT OF THE PROPOSED 15 PENALTY, PROVIDED THAT SUCH BOND IS EXECUTED BY A SURETY 16 LICENSED TO DO BUSINESS IN THIS COMMONWEALTH AND IS SATISFACTORY 17 TO THE DEPARTMENT. IF, THROUGH ADMINISTRATIVE OR FINAL JUDICIAL 18 REVIEW OF THE PROPOSED PENALTY, IT IS DETERMINED THAT NO 19 VIOLATION OCCURRED OR THAT THE AMOUNT OF THE PENALTY SHALL BE 20 REDUCED, THE DEPARTMENT SHALL WITHIN 30 DAYS REMIT THE 21 APPROPRIATE AMOUNT TO THE PERSON WITH ANY INTEREST ACCUMULATED 22 BY THE ESCROW DEPOSIT. FAILURE TO FORWARD THE MONEY OR THE 23 APPEAL BOND SHALL RESULT IN A WAIVER OF ALL LEGAL RIGHTS TO 24 CONTEST THE VIOLATION OR THE AMOUNT OF THE PENALTY. THE AMOUNT 25 ASSESSED AFTER ADMINISTRATIVE HEARING OR AFTER WAIVER OF 26 ADMINISTRATIVE HEARING SHALL BE PAYABLE TO THE COMMONWEALTH OF 27 PENNSYLVANIA AND SHALL BE COLLECTIBLE IN ANY MANNER PROVIDED BY 28 LAW FOR THE COLLECTION OF DEBTS. IF ANY PERSON LIABLE TO PAY ANY 29 SUCH PENALTY NEGLECTS OR REFUSES TO PAY THE SAME AFTER DEMAND, 30 THE AMOUNT, TOGETHER WITH INTEREST AND ANY COSTS THAT MAY 19890S0280B1405 - 116 -
1 ACCRUE, SHALL CONSTITUTE A JUDGMENT IN FAVOR OF THE COMMONWEALTH 2 UPON THE PROPERTY OF SUCH PERSON FROM THE DATE IT HAS BEEN 3 ENTERED AND DOCKETED ON RECORD BY THE PROTHONOTARY OF THE COUNTY 4 WHERE SUCH IS SITUATED. THE DEPARTMENT MAY, AT ANY TIME, 5 TRANSMIT TO THE PROTHONOTARIES OF THE RESPECTIVE COUNTIES 6 CERTIFIED COPIES OF ALL SUCH JUDGMENTS, AND IT SHALL BE THE DUTY 7 OF EACH PROTHONOTARY TO ENTER AND DOCKET THEM OF RECORD IN HIS 8 OFFICE, AND TO INDEX THE SAME AS JUDGMENTS ARE INDEXED, WITHOUT 9 REQUIRING THE PAYMENT OF COSTS AS A CONDITION PRECEDENT TO THE 10 ENTRY THEREOF. 11 SECTION 1308. PROCEEDINGS WHERE WATERS ARE POLLUTED FROM MANY 12 SOURCES. 13 NOTHING CONTAINED IN THE LAWS OF THIS COMMONWEALTH SHALL 14 ESTOP THE DEPARTMENT FROM PROCEEDING UNDER THE PROVISIONS OF 15 THIS ACT AGAINST ANY PERSON RELEASING ANY REGULATED SUBSTANCE 16 INTO THE WATERS OF THE COMMONWEALTH EVEN THOUGH SAID WATERS ARE, 17 AT THE TIME, POLLUTED FROM OTHER SOURCES. 18 SECTION 1309. ENFORCEMENT ORDERS. 19 THE DEPARTMENT MAY ISSUE SUCH ORDERS AS ARE NECESSARY TO AID 20 IN THE ENFORCEMENT OF THE PROVISIONS OF THIS ACT. SUCH ORDERS 21 SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, ORDERS MODIFYING, 22 SUSPENDING OR REVOKING PERMITS OR CERTIFICATIONS, ORDERS 23 REQUIRING PERSONS TO CEASE UNLAWFUL ACTIVITIES OR CEASE 24 OPERATION OF AN ESTABLISHMENT WHICH, IN THE COURSE OF ITS 25 OPERATION, IS IN VIOLATION OF ANY PROVISION OF THIS ACT, RULE OR 26 REGULATION PROMULGATED HEREUNDER, PERMIT, ORDER TO TAKE 27 CORRECTIVE ACTION OR TO ABATE A PUBLIC NUISANCE, OR AN ORDER 28 REQUIRING THE TESTING, SAMPLING OR MONITORING OF ANY TANK. SUCH 29 AN ORDER MAY BE ISSUED IF THE DEPARTMENT FINDS THAT ANY 30 CONDITION EXISTING IN OR ON THE FACILITY OR OPERATION INVOLVED 19890S0280B1405 - 117 -
1 IS CAUSING OR IS CREATING A DANGER OF POLLUTION OF THE WATERS OF 2 THIS COMMONWEALTH, INCLUDING ANY PUBLIC OR PRIVATE WATER SUPPLY, 3 SURFACE WATER OR GROUNDWATER OR IF IT FINDS THAT THE PERMITTEE, 4 OR ANY PERSON IS IN VIOLATION OF ANY PROVISION OF THIS ACT, OR 5 OF ANY RULE, REGULATION OR ORDER OF THE ENVIRONMENTAL HEARING 6 BOARD OR REGULATION, ORDER, PERMIT OR CERTIFICATION OF THE 7 DEPARTMENT, PROVIDED, HOWEVER, THAT AN ORDER ADDRESSED TO AN 8 OPERATION NOT DIRECTLY RELATED TO THE CONDITION OR VIOLATION IN 9 QUESTION MAY BE ISSUED ONLY IF THE DEPARTMENT FINDS THAT THE 10 OTHER ENFORCEMENT PROCEDURES, PENALTIES AND REMEDIES AVAILABLE 11 UNDER THIS ACT WOULD NOT BE ADEQUATE TO EFFECTUATE PROMPT OR 12 EFFECTIVE CORRECTION OF THE CONDITION OR VIOLATION. THE 13 DEPARTMENT MAY, IN ITS ORDER, REQUIRE COMPLIANCE WITH SUCH 14 CONDITIONS AS ARE NECESSARY TO PREVENT OR ABATE POLLUTION OR 15 EFFECT THE PURPOSES OF THIS ACT. AN ORDER ISSUED UNDER THIS 16 SECTION SHALL TAKE EFFECT UPON NOTICE, UNLESS THE ORDER 17 SPECIFIES OTHERWISE. AN APPEAL TO THE ENVIRONMENTAL HEARING 18 BOARD OF THE DEPARTMENT'S ORDER SHALL NOT ACT AS A SUPERSEDEAS, 19 PROVIDED, HOWEVER, THAT, UPON APPLICATION AND FOR CAUSE SHOWN, 20 THE ENVIRONMENTAL HEARING BOARD MAY ISSUE SUCH A SUPERSEDEAS. 21 THE RIGHT OF THE DEPARTMENT TO ISSUE AN ORDER UNDER THIS SECTION 22 IS IN ADDITION TO ANY REMEDY OR PENALTY WHICH MAY BE IMPOSED 23 PURSUANT TO THIS ACT. THE FAILURE TO COMPLY WITH ANY SUCH ORDER 24 IS HEREBY DECLARED TO BE A NUISANCE. 25 SECTION 1310. UNLAWFUL CONDUCT. 26 IT SHALL BE UNLAWFUL TO FAIL TO COMPLY WITH, OR TO CAUSE OR 27 ASSIST IN THE VIOLATION OF, ANY OF THE PROVISIONS OF THIS ACT OR 28 RULES AND REGULATIONS ADOPTED HEREUNDER; OR TO FAIL TO COMPLY 29 WITH ANY ORDER, PERMIT, REGISTRATION, OR CERTIFICATION 30 REQUIREMENT OF THE DEPARTMENT; OR TO CAUSE A PUBLIC NUISANCE; OR 19890S0280B1405 - 118 -
1 TO CAUSE AIR, SOIL OR WATER POLLUTION; OR TO HINDER, OBSTRUCT, 2 PREVENT OR INTERFERE WITH THE DEPARTMENT OR ITS PERSONNEL IN THE 3 PERFORMANCE OF ANY DUTY HEREUNDER; OR TO VIOLATE THE PROVISIONS 4 OF 18 PA.C.S. § 4903 (RELATING TO FALSE SWEARING) OR 4904 5 (RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES) IN REGARD TO 6 PAPERS REQUIRED TO BE SUBMITTED UNDER THIS ACT. THE OWNER OR 7 OPERATOR OF A STORAGE TANK AND THE LANDOWNER OR OCCUPIER ON 8 WHOSE LAND A STORAGE TANK IS OR WAS LOCATED SHALL NOT ALLOW 9 POLLUTION RESULTING FROM, OR A RELEASE TO OCCUR FROM, A STORAGE 10 TANK. 11 SECTION 1311. PRESUMPTION. 12 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), IT 13 SHALL BE PRESUMED AS A REBUTTABLE PRESUMPTION OF LAW IN CIVIL 14 AND ADMINISTRATIVE PROCEEDINGS THAT A PERSON WHO OWNS OR 15 OPERATES AN ABOVEGROUND OR UNDERGROUND STORAGE TANK SHALL BE 16 LIABLE, WITHOUT PROOF OF FAULT, NEGLIGENCE, OR CAUSATION FOR ALL 17 DAMAGES, CONTAMINATION OR POLLUTION WITHIN 2,500 FEET OF THE 18 PERIMETER OF THE SITE OF A STORAGE TANK CONTAINING OR WHICH 19 CONTAINED A REGULATED SUBSTANCE OF THE TYPE WHICH CAUSED THE 20 DAMAGE, CONTAMINATION OR POLLUTION. SUCH PRESUMPTION MAY BE 21 OVERCOME BY CLEAR AND CONVINCING EVIDENCE THAT THE PERSON SO 22 CHARGED DID NOT CONTRIBUTE TO THE DAMAGE, CONTAMINATION OR 23 POLLUTION. 24 (B) DEFENSES.--IN ORDER TO OVERCOME THE PRESUMPTION OF 25 LIABILITY ESTABLISHED IN SUBSECTION (A), THE OWNER OR OPERATOR 26 MUST AFFIRMATIVELY PROVE, BY CLEAR AND CONVINCING EVIDENCE, ONE 27 OF THE FOLLOWING: 28 (1) THE DAMAGES, CONTAMINATION OR POLLUTION EXISTED 29 PRIOR TO THE USE OF ANY STORAGE TANK AT THE FACILITY TO 30 CONTAIN AN ACCUMULATION OF REGULATED SUBSTANCES, AS 19890S0280B1405 - 119 -
1 DETERMINED BY SURVEYS OF THE SITE AND WITHIN 2,500 FEET OF 2 THE PERIMETER OF THE STORAGE TANK OR FACILITY. 3 (2) AN ADJACENT LANDOWNER REFUSED TO ALLOW THE OWNER OR 4 OPERATOR OF A STORAGE TANK AT A NEW FACILITY ACCESS TO PROPERTY 5 WITHIN 2,500 FEET OF THE PERIMETER OF A STORAGE TANK FACILITY TO 6 CONDUCT A SURVEY. 7 (3) THE DAMAGE, CONTAMINATION OR POLLUTION WAS NOT 8 WITHIN 2,500 FEET OF THE PERIMETER OF A STORAGE TANK. 9 (4) THE OWNER OR OPERATOR DID NOT CONTRIBUTE TO THE 10 DAMAGES, CONTAMINATION OR POLLUTION. 11 SECTION 1312. EXISTING RIGHTS AND REMEDIES PRESERVED. 12 THE COLLECTION OF ANY PENALTY IMPOSED UNDER THE PROVISIONS OF 13 THIS ACT SHALL NOT BE CONSTRUED AS ESTOPPING THE COMMONWEALTH, 14 OR ANY DISTRICT ATTORNEY OR SOLICITOR OF A MUNICIPALITY, FROM 15 PROCEEDING IN COURTS OF LAW OR EQUITY TO ABATE POLLUTIONS 16 FORBIDDEN UNDER THIS ACT, OR ABATE NUISANCES UNDER EXISTING LAW. 17 IT IS HEREBY DECLARED TO BE THE PURPOSE OF THIS ACT TO PROVIDE 18 ADDITIONAL AND CUMULATIVE REMEDIES TO PREVENT AND ABATE THE 19 POLLUTION CAUSED BY STORAGE TANKS, AND NOTHING CONTAINED IN THIS 20 ACT SHALL IN ANY WAY ABRIDGE OR ALTER RIGHTS OF ACTION OR 21 REMEDIES NOW OR HEREAFTER EXISTING IN EQUITY, OR UNDER THE 22 COMMON LAW OR STATUTORY LAW, CRIMINAL OR CIVIL, NOR SHALL ANY 23 PROVISION IN THIS ACT, OR THE GRANTING OF ANY PERMIT UNDER THIS 24 ACT, OR ANY ACT DONE BY VIRTUE OF THIS ACT, BE CONSTRUED AS 25 ESTOPPING THE COMMONWEALTH, PERSONS OR MUNICIPALITIES, IN THE 26 EXERCISE OF THEIR RIGHTS UNDER THE COMMON LAW OR DECISIONAL LAW 27 OR IN EQUITY, FROM PROCEEDING IN COURTS OF LAW OR EQUITY TO 28 SUPPRESS NUISANCES, OR TO ABATE ANY POLLUTION NOW OR HEREAFTER 29 EXISTING, OR ENFORCE COMMON LAW OR STATUTORY RIGHTS. 30 SECTION 1313. APPEALABLE ACTIONS. 19890S0280B1405 - 120 -
1 ANY PERSON AGGRIEVED BY AN ORDER OR OTHER ADMINISTRATIVE 2 ACTION OF THE DEPARTMENT ISSUED PURSUANT TO THIS ACT SHALL HAVE 3 THE RIGHT, WITHIN 30 DAYS, TO APPEAL THE ACTION TO THE 4 ENVIRONMENTAL HEARING BOARD IN ACCORDANCE WITH 2 PA.C.S. CH. 5 5 SUBCH. A (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH 6 AGENCIES) AND THE ACT OF JULY 13, 1988 (P.L.530, NO.94), KNOWN 7 AS THE ENVIRONMENTAL HEARING BOARD ACT. 8 SECTION 1314. LIMITATION ON ACTION. 9 THE PROVISIONS OF ANY OTHER STATUTE TO THE CONTRARY 10 NOTWITHSTANDING ACTIONS FOR CIVIL OR CRIMINAL PENALTIES UNDER 11 THIS ACT MAY BE COMMENCED AT ANY TIME WITHIN A PERIOD OF 20 12 YEARS FROM THE DATE THE OFFENSE IS DISCOVERED. 13 SECTION 1315. COLLECTION OF FINES AND PENALTIES. 14 ALL FINES AND PENALTIES SHALL BE COLLECTIBLE IN ANY MANNER 15 PROVIDED BY LAW FOR THE COLLECTION OF DEBTS. IF ANY PERSON 16 LIABLE TO PAY ANY SUCH PENALTY NEGLECTS OR REFUSES TO PAY THE 17 SAME AFTER DEMAND, THE AMOUNT TOGETHER WITH INTEREST AND ANY 18 COSTS THAT MAY ACCRUE, SHALL BE A JUDGMENT IN FAVOR OF THE 19 COMMONWEALTH UPON THE PROPERTY OF SUCH PERSON, BUT ONLY AFTER 20 SAME HAS BEEN ENTERED AND DOCKETED OF RECORD BY THE PROTHONOTARY 21 OF THE COUNTY WHERE SUCH PROPERTY IS SITUATED. THE DEPARTMENT 22 MAY AT ANY TIME TRANSMIT TO THE PROTHONOTARIES OF THE RESPECTIVE 23 COUNTIES CERTIFIED COPIES OF ALL SUCH JUDGMENTS, AND IT SHALL BE 24 THE DUTY OF EACH PROTHONOTARY TO ENTER AND DOCKET THE SAME OF 25 RECORD IN HIS OFFICE, AND TO INDEX THE SAME AS JUDGMENTS ARE 26 INDEXED, WITHOUT REQUIRING THE PAYMENT OF COSTS AS A CONDITION 27 PRECEDENT TO THE ENTRY THEREOF. 28 CHAPTER 21 29 MISCELLANEOUS PROVISIONS 30 SECTION 2101. START-UP COSTS. 19890S0280B1405 - 121 -
1 THE GOVERNOR IS HEREBY AUTHORIZED TO TRANSFER $2,500,000, OR 2 AS MUCH THEREOF AS MAY BE NECESSARY, FROM THE HAZARDOUS SITES 3 CLEANUP FUND CREATED BY SECTION 602.3 OF THE ACT OF MARCH 4, 4 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, TO THE 5 STORAGE TANK FUND TO BEGIN DEVELOPMENT AND OPERATION OF THE 6 ABOVEGROUND AND UNDERGROUND STORAGE TANK PROGRAMS AND TO THE 7 UNDERGROUND STORAGE TANK INDEMNIFICATION FUND TO BE USED FOR THE 8 INITIAL ADMINISTRATIVE EXPENSES OF THE UNDERGROUND STORAGE TANK 9 INDEMNIFICATION BOARD. ALL TRANSFERRED FUNDS FROM THE HAZARDOUS 10 SITES CLEANUP FUND SHALL BE REPAID TO THAT FUND FROM FUNDS IN 11 THE STORAGE TANK FUND OR THE UNDERGROUND STORAGE TANK 12 INDEMNIFICATION FUND WITHIN TWO YEARS OF THE TRANSFER. SUCH 13 TRANSFERS SHALL BE MADE HEREUNDER UPON WARRANT OF THE STATE 14 TREASURER UPON REQUISITION BY THE GOVERNOR. 15 SECTION 2102. SAVED FROM REPEAL. 16 THE FOLLOWING ACTS WHICH ARE REPEALED IN SECTION 2104 ARE 17 SAVED FROM REPEAL TO THE EXTENT THAT SUCH ACTS PROVIDE AUTHORITY 18 FOR THE REGULATION AND PREVENTION OF FIRE OR EXPLOSIVE HAZARDS 19 AT ABOVEGROUND OR UNDERGROUND STORAGE TANKS: 20 ACT OF JUNE 8, 1911 (P.L.705, NO.281), ENTITLED "AN ACT 21 CREATING THE OFFICE OF FIRE MARSHAL, TO BE ATTACHED TO THE 22 DEPARTMENT OF PUBLIC SAFETY IN CITIES OF THE FIRST CLASS; 23 PRESCRIBING HIS DUTIES AND POWERS; AND PROVIDING PENALTIES FOR 24 VIOLATIONS OF THE PROVISIONS OF THE ACT; AND PROVIDING FOR THE 25 METHOD OF APPOINTMENT, COMPENSATION, AND FOR THE MAINTENANCE OF 26 HIS OFFICE." 27 ACT OF APRIL 27, 1927 (P.L.450, NO.291), REFERRED TO AS THE 28 STATE FIRE MARSHAL LAW. 29 ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND 30 CLASS COUNTY CODE. 19890S0280B1405 - 122 -
1 SECTION 2103. SEVERABILITY. 2 THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY PROVISION OF 3 THIS ACT OR ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS 4 HELD INVALID, THE INVALIDITY SHALL NOT AFFECT OTHER PROVISIONS 5 OR APPLICATIONS OF THIS ACT WHICH CAN BE GIVEN EFFECT WITHOUT 6 THE INVALID PROVISION OR APPLICATION. 7 SECTION 2104. REPEALS. 8 THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED TO THE 9 EXTENT SPECIFIED: 10 ACT OF JUNE 8, 1911 (P.L.705, NO.281), ENTITLED "AN ACT 11 CREATING THE OFFICE OF FIRE MARSHAL, TO BE ATTACHED TO THE 12 DEPARTMENT OF PUBLIC SAFETY IN CITIES OF THE FIRST CLASS; 13 PRESCRIBING HIS DUTIES AND POWERS; AND PROVIDING PENALTIES FOR 14 VIOLATIONS OF THE PROVISIONS OF THE ACT; AND PROVIDING FOR THE 15 METHOD OF APPOINTMENT, COMPENSATION, AND FOR THE MAINTENANCE OF 16 HIS OFFICE," INSOFAR AS IT IS INCONSISTENT WITH THIS ACT. 17 ACT OF APRIL 27, 1927 (P.L.450, NO.291), REFERRED TO AS THE 18 STATE FIRE MARSHAL LAW, INSOFAR AS THE STATE FIRE MARSHAL AND 19 THE PENNSYLVANIA STATE POLICE ARE AUTHORIZED TO ADOPT AND 20 ENFORCE RULES AND REGULATIONS GOVERNING THE USE, STORAGE AND 21 SALE AND RETENTION OF GASOLINE, NAPHTHALENE, KEROSENE, FUEL OIL 22 OR OTHER SUBSTANCES OF LIKE CHARACTER, ONLY TO THE EXTENT THAT 23 SAID ACT, RULES AND REGULATIONS ARE INCONSISTENT WITH THE 24 PROVISIONS OF THIS ACT. 25 ACT OF JULY 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND 26 CLASS COUNTY CODE, INSOFAR AS IT IS INCONSISTENT WITH THIS ACT. 27 ACT OF NOVEMBER 26, 1978 (P.L.1300, NO. 314), KNOWN AS THE 28 UNDERGROUND STORAGE ACT, INSOFAR AS IT IS INCONSISTENT WITH THIS 29 ACT. 30 SECTION 2105. EFFECTIVE DATE. 19890S0280B1405 - 123 -
1 THIS ACT SHALL TAKE EFFECT IN 30 DAYS. A18L58DGS/19890S0280B1405 - 124 -