PRINTER'S NO. 2304
No. 1912 Session of 1991
INTRODUCED BY REBER, JULY 17, 1991
REFERRED TO COMMITTEE ON CONSERVATION, JULY 17, 1991
AN ACT
1 Imposing restrictions and prohibitions on the distribution, sale
2 and use of halogenated hydrocarbon chemicals and aromatic
3 hydrocarbon chemicals as sewage system cleaners; requiring
4 the disclosure of contents of sewage system cleaners;
5 requiring the Department of Environmental Resources to
6 administer and enforce certain provisions; providing for the
7 powers and duties of the Environmental Quality Board; and
8 imposing penalties.
9 TABLE OF CONTENTS
10 Section 1. Short title.
11 Section 2. Legislative findings; declaration of purpose.
12 Section 3. Definitions.
13 Section 4. Powers and duties of department.
14 Section 5. Powers and duties of Environmental Quality Board.
15 Section 6. Prohibited acts.
16 Section 7. Enforcement orders.
17 Section 8. Public nuisance.
18 Section 9. Procedure and enforcement.
19 Section 10. Civil penalties.
20 Section 11. Criminal penalties.
1 Section 12. Fines and penalties collected.
2 Section 13. Savings provision.
3 Section 14. Severability.
4 Section 15. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Sewage System
9 Cleaner Control Act.
10 Section 2. Legislative findings; declaration of purpose.
11 (a) Findings.--It is hereby determined and declared as a
12 matter of legislative finding that halogenated hydrocarbon
13 chemicals and aromatic hydrocarbon chemicals used as sewage
14 system cleaners and additives are a significant and unnecessary
15 source of water pollution and groundwater contamination and
16 economic loss.
17 (b) Purpose.--It is the purpose of this act to:
18 (1) Eliminate the introduction of these toxic chemicals
19 into the surface water and groundwater of this Commonwealth.
20 (2) Prohibit the sale, distribution and use of sewage
21 system cleaners and additives that contain these toxic
22 chemicals.
23 (3) Require the disclosure of the contents of sewage
24 system cleaners or additives that are sold or distributed or
25 used in this Commonwealth.
26 Section 3. Definitions.
27 The following words and phrases when used in this act shall
28 have the meanings given to them in this section unless the
29 context clearly indicates otherwise:
30 "Board." The Environmental Quality Board.
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1 "Community sewage system." Any system, whether publicly or
2 privately owned, for the collection of sewage or industrial
3 wastes of a liquid nature from two or more lots and the
4 treatment or disposal of the sewage or industrial waste on one
5 or more of the lots or at any other site.
6 "Department." The Department of Environmental Resources of
7 the Commonwealth and its authorized representatives.
8 "Individual sewage system." A wastewater system or any part
9 of a wastewater system consisting of piping, tanks or other
10 facilities serving a single lot and collecting and disposing of
11 sewage in whole or in part into the soil or into any waters of
12 this Commonwealth or by means of conveyance to another site for
13 final disposal; an alternate individual sewage system shall mean
14 any individual sewage system not heretofore recognized by rules,
15 regulations and standards of the department.
16 "Person." Any individual, partnership, corporation,
17 association, institution, cooperative enterprise, municipal
18 authority, the Federal Government and its agencies, State
19 institutions and agencies (including, but not limited to, the
20 Department of General Services and the State Public School
21 Building Authority), municipalities or other legal entity
22 whatsoever which is recognized by law as the subject of rights
23 and duties. In any provision prescribing a fine or imprisonment
24 or penalty, or any combination of the foregoing, the term
25 "person" shall include the officers and directors of any
26 corporation or other legal entity having officers and directors.
27 "Restricted chemical material." A chemical material
28 containing concentrations in excess of one part per hundred, by
29 weight of any of the following:
30 (1) Any halogenated hydrocarbon chemical, aliphatic or
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1 aromatic, including, but not limited to, trichloroethane,
2 trichloroethylene, tetrachloroethylene, methylene chloride,
3 halogenated benzenes and carbon tetrachloride.
4 (2) An aromatic hydrocarbon chemical, including, but not
5 limited to, benzene, toluene and naphthalene.
6 (3) A phenol derivative in which a hydroxy group and two
7 or more halogen atoms are bonded directly to a six-carbon
8 aromatic ring, including, but not limited to, trichlorophenol
9 or pentachlorophenol.
10 (4) Acrolein, acrylonitrile or benzidine.
11 The term does not include perfumes, coloring agents or any
12 chemical material which is biodegradable and not a significant
13 source of contamination of the groundwaters of this
14 Commonwealth.
15 "Sewage system." Any part of any community sewage system or
16 individual sewage system including, but not limited to, all
17 toilets, piping, drains, sewers, septic tanks, distribution
18 boxes, absorption fields, seepage pits, cesspools and dry wells.
19 "Sewage system cleaner or additive." Any solid or liquid
20 material intended or used primarily for the purpose of cleaning,
21 treating or unclogging any part of a sewer system, but excluding
22 those products intended to scour, clean, treat, disinfect or
23 deodorize the surface of common fixtures, including, but not
24 limited to, sinks, tubs, showers and toilets.
25 Section 4. Powers and duties of department.
26 The department shall have the following powers and duties:
27 (1) To administer the sewage system cleaner control
28 program pursuant to the provisions of this act.
29 (2) To cooperate with appropriate Federal, State and
30 interstate agencies, local units of government and
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1 appropriate private organizations in carrying out its duties
2 under this act.
3 (3) To report to the General Assembly from time to time
4 on further assistance that will be needed to administer the
5 sewage system cleaner control program.
6 (4) To initiate, conduct and support research,
7 demonstration projects and investigations and to coordinate
8 all State agency research programs pertaining to this act.
9 (5) To regulate the distribution, sale, use and
10 consumption of restricted chemicals as provided in this act.
11 (6) To enter into any premises, place, establishment or
12 building for the purpose of conducting inspections to
13 determine compliance with this act or rules, regulations and
14 standards issued pursuant to this act.
15 (7) To conduct any investigations necessary to determine
16 compliance with this act or rules, regulations and standards
17 issued pursuant to this act.
18 Section 5. Powers and duties of the Environmental Quality
19 Board.
20 (a) Rules and regulations.--The board shall have the power
21 and duty to adopt rules and regulations to accomplish the
22 purposes of this act.
23 (b) Standards.--The board may promulgate regulations
24 establishing analytical standards for sewage system cleaners and
25 additives.
26 (c) Effects of product on health and environment.--The board
27 may promulgate regulations requiring manufacturers of sewage
28 system cleaners or additives distributed, sold or offered for
29 sale in this Commonwealth to furnish to the department, in a
30 form the department may prescribe, existing information
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1 regarding those products, including a certified list of chemical
2 components of products, updated on an annual basis, and the
3 effects of the products on the groundwaters or surface waters of
4 this Commonwealth.
5 (d) Prohibition or restriction of product.--When the board
6 finds, after investigation by the department and any public
7 hearings which the board deems necessary, that any ingredient,
8 in addition to a restricted chemical material, in a sewage
9 system cleaner or additive distributed, sold, offered or exposed
10 for sale in this Commonwealth will have an adverse affect on
11 human health or the environment, it shall by regulation prohibit
12 or restrict the sale, distribution, offer or exposure for sale
13 or use by any person of sewage system cleaners or additives
14 containing the ingredient.
15 (e) Authorization after investigation or hearing.--Whenever
16 the board finds, after investigation by the department and any
17 public hearings which the board deems necessary, that any
18 restricted chemical material will not have any adverse affect on
19 human health or the environment when used as a sewage system
20 cleaner or additive, it may authorize the use of the chemical
21 material in the products, notwithstanding any provisions of this
22 act.
23 (f) Confidential information.--The board and the department
24 shall hold confidential any information obtained pursuant to
25 subsection (c) when shown by any manufacturer that such
26 information, if made public, would divulge competitive business
27 information, methods or processes entitled to protection as
28 trade secrets of the manufacturer.
29 Section 6. Prohibited acts.
30 (a) Distribution.--No person shall distribute, sell, offer
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1 or expose for sale any sewage system cleaner or additive
2 containing any restricted chemical material.
3 (b) Use.--No person shall use, introduce or apply or cause
4 any other person to use, introduce or apply in any sewage
5 system, surface water or groundwaters, any sewage cleaner or
6 additive containing any restricted chemical material.
7 (c) Sales restricted.--No person shall distribute, sell,
8 manufacture, or offer or expose for sale any sewage system
9 cleaner or additive covered by this act, unless a list of the
10 components of the covered product has been provided to the
11 department. These lists must be updated annually at a time
12 designated by the board.
13 Section 7. Enforcement orders.
14 The department may issue such orders to persons,
15 distributors, manufacturers, dealers, retailers and consumers as
16 are necessary to aid in the enforcement of the provisions of
17 this act. The orders may include orders requiring cessation of
18 the use, sale, manufacture or distribution of any substance or
19 chemical or product which is in violation of any provision of
20 this act. An order issued under this act shall take effect upon
21 notice unless the order specifies otherwise. The right of the
22 department to issue an order under this act is in addition to
23 any penalty which may be imposed pursuant to this act.
24 Section 8. Public nuisance.
25 Any violation of this act, rules and regulations promulgated
26 pursuant to this act, or order of the department shall
27 constitute a public nuisance.
28 Section 9. Procedure and enforcement.
29 Any activity or condition declared by this act to be a
30 nuisance shall be abatable in the manner provided by law or
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1 equity for the abatement of public nuisances. In addition, suits
2 to abate such nuisances or suits to restrain or prevent any
3 violation of this act may be instituted in equity or at law in
4 the name of the Commonwealth upon relation of the Attorney
5 General, upon relation of any district attorney of any county or
6 upon relation of the solicitor of any municipality affected,
7 after notice has first been served upon the Attorney General of
8 the intention of the district attorney or solicitor to so
9 proceed. The court may provide for payment of a civil penalty as
10 specified in section 10.
11 Section 10. Civil penalties.
12 Any person violating this act or orders, rules, regulations
13 or standards issued or promulgated under this act may be
14 assessed a civil penalty of not more than $25,000 per day for
15 each violation. The penalty may be assessed whether or not the
16 violation was willful. In determining the amount of the civil
17 penalty, the department shall consider the willfulness of the
18 violation, damage or injury to the Commonwealth or its citizens,
19 cost of restoration and other relevant factors. Violations on
20 separate days shall be considered separate and distinct offenses
21 under this section. The person charged with the penalty shall
22 have 30 days to pay the proposed penalty in full or, if the
23 person wishes to contest either the amount of the penalty or the
24 fact of the violation, the person shall within the 30-day period
25 file an appeal with the Environmental Hearing Board. Failure to
26 appeal within 30 days shall result in a waiver of all legal
27 rights to contest the violation or the amount of the penalty.
28 Section 11. Criminal penalties.
29 (a) Summary offense.--Any person violating this act or
30 orders, rules, regulations or standards issued or promulgated
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1 under this act, commits a summary offense and shall, upon
2 conviction, be sentenced to pay a fine of not less than $100 nor
3 more than $1,000 and costs and, in default of payment of the
4 fine and costs, shall undergo imprisonment for not more than 30
5 days.
6 (b) Misdemeanor.--Any person who willfully violates any
7 provision of this act, any rule or regulation of the department
8 or any order of the department, commits a misdemeanor of the
9 third degree and shall, upon conviction, be sentenced to pay a
10 fine of not less than $1,000 nor more than $25,000 per day for
11 each violation or to imprisonment for a period of not more than
12 one year, or both.
13 (c) Subsequent offense.--Any person who, within two years
14 after a conviction of a misdemeanor for any violation of this
15 act, violates any provision of this act, any rule or regulation
16 of the department or any order of the department, commits a
17 misdemeanor of the second degree and shall, upon conviction, be
18 sentenced to pay a fine of not less than $2,500 nor more than
19 $50,000 for each violation or to imprisonment for a period of
20 not more than two years, or both.
21 (d) Separate offenses.--Violations on separate days shall be
22 considered separate and distinct offenses under subsections
23 (a),(b) and (c).
24 Section 12. Fines and penalties collected.
25 All fines and penalties collected under the provisions of
26 this act shall be paid into the Clean Water Fund provided for in
27 the act of June 22, 1937 (P.L.1987, No.394), known as The Clean
28 Streams Law.
29 Section 13. Savings provision.
30 Nothing in this act shall be construed as estopping the
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1 Commonwealth or any district attorney from proceeding in courts
2 of law or equity to abate pollution forbidden under the laws of
3 the Commonwealth or to abate nuisances under existing law.
4 Nothing contained in this act shall in any way abridge or alter
5 rights of action or remedies now or hereafter existing in
6 equity, or under the common law or statutory law, criminal or
7 civil. No provisions of this act shall be construed as estopping
8 the Commonwealth, persons or municipalities, in the exercise of
9 their rights under the common law or decisional law or in
10 equity, from proceeding in courts of law or equity to suppress
11 nuisances, to abate any pollution now or hereafter existing or
12 to enforce common law or statutory rights.
13 Section 14. Severability.
14 If any provision of this act or the application thereof to
15 any person or circumstances is held invalid, such invalidity
16 shall not affect other provisions or applications of the act
17 which can be given effect without the invalid provision or
18 application, and to this end the provisions of this act are
19 declared to be severable.
20 Section 15. Effective date.
21 This act shall take effect in 180 days.
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