HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1075, 1979, 2074         PRINTER'S NO. 2480

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 972 Session of 1993


        INTRODUCED BY BRIGHTBILL, MUSTO, STEWART, SHAFFER, BELAN,
           ROBBINS, FISHER, JUBELIRER, LOEPER, MELLOW, LINCOLN, FUMO,
           BELL, HELFRICK, STAPLETON, RHOADES, JONES, GREENLEAF, PECORA,
           HOLL, SCHWARTZ, PETERSON, DAWIDA, ARMSTRONG, FATTAH, MADIGAN,
           LEWIS, MOWERY, SCANLON, PUNT, WILLIAMS, SALVATORE, SHUMAKER,
           LAVALLE, WENGER, CORMAN, LEMMOND, STOUT, O'PAKE, BAKER,
           REIBMAN, PORTERFIELD, AFFLERBACH, BODACK, BORTNER AND
           STINSON, APRIL 22, 1993

        AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 5, 1994

                                     AN ACT

     1  Providing for the recycling of existing industrial and            <--
     2     commercial sites; further defining the cleanup liability of
     3     new industries and tenants; establishing a framework for
     4     setting environmental remediation standards; establishing the
     5     Voluntary Cleanup Loan Fund and the Industrial Land Recycling
     6     Fund to aid industrial site cleanups; assigning powers and
     7     duties to the Environmental Quality Board and the Department
     8     of Environmental Resources; and making repeals.

     9                         TABLE OF CONTENTS
    10  Chapter 1.  General Provisions
    11  Section 101.  Short title.
    12  Section 102.  Declaration of policy.
    13  Section 103.  Definitions.
    14  Section 104.  Powers and duties.
    15  Section 105.  Cleanup Standards Scientific Advisory Board.
    16  Section 106.  Scope.
    17  Section 107.  Existing standards.

     1  Chapter 3.  Remediation Standards and Review Procedures
     2  Section 301.  Remediation standards.
     3  Section 302.  Background standard.
     4  Section 303.  Statewide health standard.
     5  Section 304.  Site-specific standard.
     6  Section 305.  Special industrial areas.
     7  Section 306.  Privatization.
     8  Section 307.  Deed restrictions.
     9  Section 308.  Immediate response.
    10  Chapter 5.  Cleanup Liability Protection
    11  Section 501.  Cleanup liability protection.
    12  Section 502.  Special industrial sites.
    13  Section 503.  Existing exclusions.
    14  Section 504.  New liability.
    15  Section 505.  Reopeners.
    16  Section 506.  Authority reserved.
    17  Chapter 7.  No-action Determinations
    18  Section 701.  No-action determinations.
    19  Section 702.  Assessment standards.
    20  Section 703.  Review deadline.
    21  Section 704.  Applicability.
    22  Section 705.  Entry.
    23  Section 706.  Transferability.
    24  Section 707.  Third parties.
    25  Chapter 9.  Industrial Land Recycling Fund
    26  Section 901.  Industrial Land Recycling Fund.
    27  Section 902.  Voluntary Cleanup Loan Program.
    28  Section 903.  Fees.
    29  Section 904.  Transfer of funds.
    30  Chapter 11.  Miscellaneous Provisions
    19930S0972B2480                  - 2 -

     1  Section 1101.  Plain language.
     2  Section 1102.  Permits.
     3  Section 1103.  Future actions.
     4  Section 1104.  Relationship to Federal and State programs.
     5  Section 1105.  Enforcement.
     6  Section 1106.  Past penalties.
     7  Section 1107.  Repeals.
     8  Section 1108.  Effective date.
     9  ESTABLISHING STANDARDS AND REQUIREMENTS FOR VOLUNTARY RESPONSE    <--
    10     ACTIONS AT CERTAIN CONTAMINATED SITES; PROVIDING FOR PUBLIC
    11     PARTICIPATION IN VOLUNTARY RESPONSE ACTION; PROVIDING FOR THE
    12     DEVELOPMENT OF CLEANUP STANDARDS AND METHODOLOGIES FOR
    13     RESPONSE ACTIONS; PROVIDING FOR DEED RESTRICTIONS CONCERNING
    14     CERTAIN SITES; CREATING A FUND; AND PROVIDING FOR POWERS AND
    15     DUTIES OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AND THE
    16     ENVIRONMENTAL QUALITY BOARD.

    17                         TABLE OF CONTENTS
    18  CHAPTER 1.  GENERAL PROVISIONS
    19  SECTION 101.  SHORT TITLE.
    20  SECTION 102.  FINDINGS AND DECLARATION OF POLICY.
    21  SECTION 103.  DEFINITIONS.
    22  SECTION 104.  SCOPE.
    23  CHAPTER 3.  DEPARTMENT POWERS AND DUTIES
    24  SECTION 301.  POWERS AND DUTIES OF DEPARTMENT.
    25  SECTION 302.  POWERS AND DUTIES OF BOARD.
    26  CHAPTER 5.  ELIGIBILITY FOR SPECIAL RESPONSE ACTION
    27                 REQUIREMENTS.
    28  SECTION 501.  GENERAL PROVISIONS.
    29  SECTION 502.  DISPUTES REGARDING ELIGIBILITY.
    30  CHAPTER 7.  SPECIAL VOLUNTARY RESPONSE ACTION REQUIREMENTS
    31  SECTION 701.  VOLUNTARY RESPONSE ACTION REQUIREMENTS.
    32  SECTION 702.  REQUIREMENTS FOR SOILS.
    33  SECTION 703.  REQUIREMENTS FOR GROUNDWATER.

    19930S0972B2480                  - 3 -

     1  SECTION 704.  REQUIREMENTS FOR SEDIMENT.
     2  SECTION 705.  PROTECTION OF ECOSYSTEMS.
     3  SECTION 706.  PERMITS.
     4  SECTION 707.  APPLICABLE REQUIREMENTS OF OTHER STATUTES.
     5  SECTION 708.  APPEALS.
     6  CHAPTER 9.  PUBLIC PARTICIPATION
     7  SECTION 901.  LOCAL AGENCY APPROVAL.
     8  SECTION 902.  REVIEW AND COMMENT.
     9  SECTION 903.  PUBLIC NOTICE.
    10  SECTION 904.  PUBLICATION IN NEWSPAPERS.
    11  CHAPTER 11.  IMPLEMENTATION AND TRANSITION
    12  SECTION 1101.  DEVELOPMENT OF GENERIC CLEANUP STANDARDS.
    13  SECTION 1102.  DEVELOPMENT OF METHODOLOGY FOR SPECIFIC RESPONSE
    14                 ACTIONS.
    15  SECTION 1103.  DESIGNATIONS OF CERTAIN LIMITED ACCESS USES.
    16  SECTION 1104.  INTERIM REQUIREMENTS FOR RESPONSE ACTIONS.
    17  SECTION 1105.  SITE CHARACTERIZATION REPORTS AND RESPONSE
    18                 ACTION PLANS.
    19  CHAPTER 13.  FUTURE OBLIGATIONS
    20  SECTION 1301.  FUTURE OBLIGATIONS.
    21  SECTION 1302.  DEED NOTICE AND RESTRICTION.
    22  CHAPTER 15.  REVOLVING LOAN FUND
    23  SECTION 1501.  ENVIRONMENTAL RESPONSE LOAN FUND.
    24  SECTION 1502.  TERMS AND CONDITIONS OF LOAN.
    25  SECTION 1503.  TRANSFER OF FUNDS.
    26  SECTION 1504.  EXPIRATION.
    27  CHAPTER 17.  MISCELLANEOUS PROVISIONS
    28  SECTION 1701.  ENFORCEMENT.
    29  SECTION 1702.  RELATION TO OTHER LAWS.
    30  SECTION 1703.  RELATION TO PERMITTING.
    19930S0972B2480                  - 4 -

     1  SECTION 1704.  EFFECTIVE DATE.
     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4                             CHAPTER 1                              <--
     5                         GENERAL PROVISIONS
     6  Section 101.  Short title.
     7     This act shall be known and may be cited as the Land
     8  Recycling and Environmental Remediation Standards Act.
     9  Section 102.  Declaration of policy.
    10     The General Assembly finds and declares as follows:
    11         (1)  The elimination of public health and environmental
    12     hazards on existing commercial and industrial land across
    13     this Commonwealth is vital to their use and reuse as sources
    14     of employment, housing, recreation and open-space areas. The
    15     reuse of industrial land is an important component of a sound
    16     land-use policy that will help prevent the needless
    17     development of prime farmland, open-space areas and natural
    18     areas and reduce public costs for installing new water, sewer
    19     and highway infrastructure.
    20         (2)  Incentives should be put in place to encourage
    21     responsible persons to voluntarily develop and implement
    22     cleanup plans without the use of taxpayer funds or the need
    23     for adversarial enforcement actions by the Department of
    24     Environmental Resources which frequently only serve to delay
    25     cleanups and increase their cost.
    26         (3)  Public health and environmental hazards cannot be
    27     eliminated without clear, predictable environmental
    28     remediation standards and a process for developing those
    29     standards. Any remediation standards adopted by this
    30     Commonwealth must provide for the protection of public health
    19930S0972B2480                  - 5 -

     1     and the environment.
     2         (4)  It is necessary for the General Assembly to adopt a
     3     statute which sets environmental remediation standards to
     4     provide a uniform framework for cleanup decisions because few
     5     environmental statutes set cleanup standards and to avoid
     6     potentially conflicting and confusing environmental
     7     standards. The General Assembly also has a duty to implement
     8     the provisions of section 27 of Article I of the Constitution
     9     of Pennsylvania with respect to environmental remediation
    10     activities.
    11         (5)  Cleanup plans should be based on the actual risk
    12     that contamination on the site may pose to public health and
    13     the environment, taking into account its future use and the
    14     degree to which contamination can spread offsite and expose
    15     the public or the environment to risk, not on cleanup
    16     policies requiring every site in this Commonwealth to be
    17     returned to a pristine condition.
    18         (6)  The Department of Environmental Resources now
    19     routinely through its permitting policies determines when
    20     contamination will and will not pose a significant risk to
    21     public health or the environment. Similar concepts should be
    22     used in establishing cleanup policies.
    23         (7)  The public is entitled to understand how remediation
    24     standards are applied to a site through a plain language
    25     description of contamination present on a site, the risk it
    26     poses to public health and the environment and any proposed
    27     cleanup measure.
    28  Section 103.  Definitions.
    29     The following words and phrases when used in this act shall
    30  have the meanings given to them in this section unless the
    19930S0972B2480                  - 6 -

     1  context clearly indicates otherwise:
     2     "ASTM."  The American Society for Testing and Materials.
     3     "Aquifer."  A geologic formation, group of formations or part
     4  of a formation capable of a sustainable yield of significant
     5  amount of water to a well or spring.
     6     "Background."  The concentration of a regulated substance
     7  determined by appropriate statistical methods that is present
     8  but is not related to the release of regulated substances at the
     9  site.
    10     "BADCT" or "Best Available Demonstrated Control Technology."
    11  The commercially available engineering technology which has
    12  demonstrated at full scale on a consistent basis that it most
    13  effectively achieves the standard for a remediation action for a
    14  regulated substance at a contaminated site under similar
    15  applications.
    16     "Board."  The Cleanup Standards Scientific Advisory Board
    17  established in section 105.
    18     "Carcinogen."  A cancer-causing agent, chemical, biological
    19  or physical, defined by the Environmental Protection Agency as a
    20  carcinogen.
    21     "Control."  To apply engineering measures, such as capping or
    22  treatment, or institutional measures, such as deed restrictions,
    23  to sites with contaminated media.
    24     "Department."  The Department of Environmental Resources of
    25  the Commonwealth.
    26     "EPA."  The Environmental Protection Agency or its successor
    27  agency.
    28     "Fate and transport."  A term used to describe the
    29  degradation of a chemical over time, and where chemicals are
    30  likely to move given their physical and other properties and the
    19930S0972B2480                  - 7 -

     1  environmental medium they are moving through.
     2     "Groundwater."  Water below the land surface in a zone of
     3  saturation.
     4     "Hazard index."  The sum of more than one hazard quotient for
     5  multiple substances and multiple exposure pathways. The hazard
     6  index is calculated separately for chronic, subchronic and
     7  shorter duration exposures.
     8     "Hazard quotient."  The ratio of a single substance exposure
     9  level over a specified period, e.g. subchronic, to a reference
    10  dose for that substance derived from a similar exposure period.
    11     "Hazardous Sites Cleanup Fund."  The fund established under
    12  the act of October 18, 1988 (P.L.756, No.108), known as the
    13  Hazardous Sites Cleanup Act.
    14     "Industrial activity."  Commercial, manufacturing, public
    15  utility, mining or any other activity done to further either the
    16  development, manufacturing or distribution of goods and
    17  services, including, but not limited to, administration of
    18  business activities, research and development, warehousing,
    19  shipping, transport, remanufacturing, stockpiling, storage,
    20  solid waste management, repair and maintenance of raw materials,
    21  intermediate and final products and solid waste created during
    22  such activities, commercial machinery and equipment.
    23     "Institutional controls."  A measure undertaken to limit or
    24  prohibit certain activities that may interfere with the
    25  integrity of a remedial action or result in exposure to
    26  regulated substances at a site. These include, but are not
    27  limited to, fencing or restrictions on the future use of the
    28  site.
    29     "Medium-specific concentration."  The concentration
    30  associated with a specified environmental medium for potential
    19930S0972B2480                  - 8 -

     1  risk exposures.
     2     "Mitigation measures."  Any remediation action performed by a
     3  person prior to or during implementation of a remediation plan
     4  with the intent to protect human health and the environment.
     5     "Nonresidential property."  Any real property on which
     6  commercial, industrial, manufacturing or any other activity is
     7  done to further either the development, manufacturing or
     8  distribution of goods and services, including, but not limited
     9  to, administration of business activities, research and
    10  development, warehousing, shipping, transport, remanufacturing,
    11  stockpiling of raw materials, storage, repair and maintenance of
    12  commercial machinery and equipment or intermediate and final
    13  products and solid waste management. This term shall not include
    14  schools, nursing homes or other residential-style facilities.
    15     "Person."  An individual, firm, corporation, association,
    16  partnership, consortium, joint venture, commercial entity,
    17  authority, nonprofit corporation, interstate body or other legal
    18  entity which is recognized by law as the subject of rights and
    19  duties. The term includes the Federal Government, State
    20  government, political subdivisions and Commonwealth
    21  instrumentalities.
    22     "Point of compliance."  For the purposes of determining
    23  compliance with groundwater standards, the property boundary at
    24  the time the area of contamination is defined or such point
    25  beyond the property boundary as the Department of Environmental
    26  Resources may determine to be appropriate.
    27     "Practical quantitation limit."  The lowest limit that can be
    28  reliably achieved within specified limits of precision and
    29  accuracy under routine laboratory conditions for a specified
    30  matrix and based on quantitation, precision and accuracy, normal
    19930S0972B2480                  - 9 -

     1  operation of a laboratory and the practical need in a
     2  compliance-monitoring program to have a sufficient number of
     3  laboratories available to conduct the analyses.
     4     "Public utility."  The term shall have the same meaning as
     5  given to it in 66 Pa.C.S. (relating to public utilities).
     6     "Regulated substance."  The term shall include hazardous
     7  substances regulated under the act of October 18, 1988 (P.L.756,
     8  No.108), known as the Hazardous Sites Cleanup Act, and
     9  substances covered by the act of June 22, 1937 (P.L.1987,
    10  No.394), known as The Clean Streams Law, the act of January 8,
    11  1960 (1959 P.L.2119, No.787), known as the Air Pollution Control
    12  Act, the act of July 7, 1980 (P.L.380, No.97), known as the
    13  Solid Waste Management Act, the act of July 13, 1988 (P.L.525,
    14  No.93), referred to as the Infectious and Chemotherapeutic Waste
    15  Law, and the act of July 6, 1989 (P.L.169, No.32), known as the
    16  Storage Tank and Spill Prevention Act.
    17     "Release."  Spilling, leaking, pumping, pouring, emitting,
    18  emptying, discharging, injecting, escaping, leaching, dumping or
    19  disposing of a regulated substance into the environment in a
    20  manner not authorized by the Department of Environmental
    21  Resources. The term includes the abandonment or discarding of
    22  barrels, containers, vessels and other receptacles containing a
    23  regulated substance.
    24     "Remediation."  To clean up, mitigate, correct, abate,
    25  minimize, eliminate, control or prevent a release of a regulated
    26  substance into the environment in order to protect the present
    27  or future public health, safety, welfare or the environment,
    28  including preliminary actions to study or assess the release.
    29     "Residential property."  Any property or portion of the
    30  property which does not meet the definition of "nonresidential
    19930S0972B2480                 - 10 -

     1  property."
     2     "Responsible person."  The term shall have the same meaning
     3  as given to it in the act of October 18, 1988 (P.L.756, No.108),
     4  known as the Hazardous Sites Cleanup Act, and shall include a
     5  person subject to enforcement actions for substances covered by
     6  the act of June 22, 1937 (P.L.1987, No.394), known as The Clean
     7  Streams Law, the act of January 8, 1960 (1959 P.L.2119, No.787),
     8  known as the Air Pollution Control Act, the act of July 7, 1980
     9  (P.L.380, No.97), known as the Solid Waste Management Act, the
    10  act of July 13, 1988 (P.L.525, No.93), referred to as the
    11  Infectious and Chemotherapeutic Waste Law, and the act of July
    12  6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill
    13  Prevention Act.
    14     "Secretary."  The Secretary of Environmental Resources of the
    15  Commonwealth.
    16     "Site."  The extent of contamination and all areas in close
    17  proximity to the contamination necessary for the implementation
    18  of remediation activities.
    19     "Systemic toxicant."  A material that manifests its toxic
    20  effect in humans in a form other than cancer.
    21     "Treatment."  The term shall have the same meaning as given
    22  to it in the act of October 18, 1988 (P.L.756, No.108), known as
    23  the Hazardous Sites Cleanup Act.
    24  Section 104.  Powers and duties.
    25     (a)  Environmental Quality Board.--The Environmental Quality
    26  Board shall have the power and its duty shall be to adopt by
    27  regulation Statewide health standards, appropriate
    28  mathematically valid statistical tests to define compliance with
    29  this act and other regulations that may be needed to implement
    30  the provisions of this act. Any regulations needed to implement
    19930S0972B2480                 - 11 -

     1  this act shall be proposed by the department no later than 12
     2  months after the effective date of this act and shall be
     3  finalized no later than 24 months after the effective date of
     4  this act, unless otherwise specified in this act.
     5     (b)  Department.--The department shall have the power and its
     6  duty shall be to implement the provisions of this act.
     7  Section 105.  Cleanup Standards Scientific Advisory Board.
     8     (a)  Establishment.--There is hereby created a 13-member
     9  Cleanup Standards Scientific Advisory Board for the purpose of
    10  assisting the department and the Environmental Quality Board in
    11  developing Statewide health standards, determining the
    12  appropriate statistically and scientifically valid procedures to
    13  be used, determining the appropriate risk factors and providing
    14  other technical and scientific advice as needed to implement the
    15  provisions of this act.
    16     (b)  Membership.--Five members shall be appointed by the
    17  secretary and two members each by the President pro tempore of
    18  the Senate, the Minority Leader of the Senate, the Speaker of
    19  the House of Representatives and the Minority Leader of the
    20  House of Representatives. Members shall have a background in
    21  engineering, biology, hydrogeology, statistics, medicine,
    22  chemistry, toxicology or other related scientific education or
    23  experience that relates to problems and issues likely to be
    24  encountered in developing health-based cleanup standards and
    25  other procedures needed to implement the provisions of this act.
    26  The board membership shall include representatives of local
    27  government, the public and the regulated community. The members
    28  shall serve for a period of four years. The initial terms of the
    29  members shall be staggered so that at least one-half of the
    30  members' terms expire in two years.
    19930S0972B2480                 - 12 -

     1     (c)  Organization.--The board shall elect a chairperson by
     2  majority vote and may adopt any bylaws or procedures it deems
     3  necessary to accomplish its purpose. Recommendations, positions
     4  or other actions of the board shall be by a majority of its
     5  members.
     6     (d)  Expenses.--Members of the board shall be reimbursed for
     7  their travel expenses to attend meetings as authorized by the
     8  executive board.
     9     (e)  Support.--The department shall provide the appropriate
    10  administrative and technical support needed by the board in
    11  order to accomplish its purpose, including support for surveys
    12  and technical studies the board may wish to undertake. The
    13  department shall publish a notice of meeting dates, times and
    14  locations and a list of topics to be discussed at any meeting no
    15  less than 14 days prior to the meeting, published in the same
    16  manner as required by the act of July 3, 1986 (P.L.388, No.84),
    17  known as the Sunshine Act.
    18     (f)  Interested persons list.--The department shall maintain
    19  a mailing list of persons interested in receiving notice of
    20  meetings and the activities of the board. The department shall
    21  name a contact person to be responsible for board meetings and
    22  to serve as a contact for the public to ask questions and get
    23  information about the board.
    24     (g)  Access to documents.--The board shall have access to all
    25  policies and procedures, draft proposed or final regulations or
    26  issue papers which the board determines are necessary to
    27  achieving its purpose.
    28  Section 106.  Scope.
    29     The environmental remediation standards established under
    30  this act shall be used whenever site remediation and cleanup is
    19930S0972B2480                 - 13 -

     1  conducted under the act of June 22, 1937 (P.L.1987, No.394),
     2  known as The Clean Streams Law, the act of January 8, 1960 (1959
     3  P.L.2119, No.787), known as the Air Pollution Control Act, the
     4  act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
     5  Management Act, the act of July 13, 1988 (P.L.525, No.93),
     6  referred to as the Infectious and Chemotherapeutic Waste Law,
     7  the act of October 18, 1988 (P.L.756, No.108), known as the
     8  Hazardous Sites Cleanup Act, and the act of July 6, 1989
     9  (P.L.169, No.32), known as the Storage Tank and Spill Prevention
    10  Act, to be eligible for cleanup liability protection under
    11  Chapter 5.
    12  Section 107.  Existing standards.
    13     The department may continue to use cleanup standards not
    14  adopted under to the provisions of this act for a period of up
    15  to three years after the effective date of this act, unless such
    16  existing standards are revised or replaced by regulations
    17  adopted under this act. All regulations, policies, guidance
    18  documents and procedures which were not adopted under the
    19  provisions of this act shall expire three years after the
    20  effective date of this act. The standards established in
    21  sections 302, 303(b)(3) and 304 shall be available for use on
    22  the effective date of this act and shall supersede existing
    23  regulations, policies, guidance documents and procedures.
    24                             CHAPTER 3
    25            REMEDIATION STANDARDS AND REVIEW PROCEDURES
    26  Section 301.  Remediation standards.
    27     (a)  Standards.--Any person who proposes to respond to the
    28  release of a regulated substance at a site and to be eligible
    29  for the cleanup liability protection under Chapter 5 shall
    30  select and attain compliance with one or more of the following
    19930S0972B2480                 - 14 -

     1  environmental standards when conducting remediation activities:
     2         (1)  a background standard which achieves background or
     3     the practical quantitation limit as further specified in
     4     section 302;
     5         (2)  a Statewide health standard adopted by the
     6     Environmental Quality Board which achieves a uniform
     7     Statewide health-based level so that any substantial present
     8     or probable future risk to human health and the environment
     9     is eliminated as specified in section 303; or
    10         (3)  a site-specific standard which achieves remediation
    11     levels based on a site-specific risk assessment so that any
    12     substantial present or probable future risk to human health
    13     and the environment is eliminated or reduced to protective
    14     levels based upon the present or currently planned future use
    15     of the property comprising the site as specified in section
    16     304.
    17     (b)  Combination of standards.--A person may use a
    18  combination of the remediation standards to implement a site
    19  remediation plan and may propose to use the site-specific
    20  standard whether or not efforts have been made to attain the
    21  background or Statewide health standard.
    22  Section 302.  Background standard.
    23     (a)  Standard.--Persons selecting the background standard
    24  shall meet a standard that is the greater of either of the
    25  following concentrations for each regulated substance in each
    26  environmental medium:
    27         (1)  background as represented by the results of analyses
    28     of representative samples; or
    29         (2)  the achievable practical quantitation limit.
    30     (b)  Attainment.--Final certification that a site or portion
    19930S0972B2480                 - 15 -

     1  of a site meets the background standard shall be documented in
     2  the following manner:
     3         (1)  Attainment of the background standard shall be
     4     demonstrated by collection and analysis of representative
     5     samples from environmental media of concern, including soils
     6     and groundwater in aquifers in the area where the
     7     contamination occurs through the application of statistical
     8     tests set forth in regulation or, if no regulations have been
     9     adopted, in a demonstration of a mathematically valid
    10     application of statistical tests. The Department of
    11     Environmental Resources shall also recognize those methods of
    12     attainment demonstration generally recognized as appropriate
    13     for that particular remediation.
    14         (2)  A final report that documents attainment of the
    15     background standard shall be submitted to the department
    16     which includes, as appropriate:
    17             (i)  The descriptions of procedures and conclusions
    18         of the site investigation to characterize the nature,
    19         extent, direction, volume and composition.
    20             (ii)  The basis for selecting environmental media of
    21         concern, descriptions of removal or decontamination
    22         procedures performed in remediation, summaries of
    23         sampling methodology and analytical results which
    24         demonstrate that remediation has attained the background
    25         standard.
    26         (3)  Where remediation measures do not involve removal or
    27     treatment of a contaminant to the background standard, the
    28     final report shall demonstrate that any remaining
    29     contaminants on the site will meet Statewide health standards
    30     and show compliance with any postremediation care
    19930S0972B2480                 - 16 -

     1     requirements that may be needed to maintain compliance with
     2     the Statewide health standards.
     3         (4)  Institutional controls such as fencing and future
     4     land use restrictions on a site may not be used to attain the
     5     background standard. Institutional controls may be used to
     6     maintain the background standard after remediation occurs.
     7     (c)  Authority reserved.--If a person fails to demonstrate
     8  attainment of the background standard, the department may
     9  require that additional remediation measures be taken in order
    10  to meet the background standard or the person may select to meet
    11  the requirements of section 303 or 304.
    12     (d)  Deed notice.--Persons attaining and demonstrating
    13  compliance with the background standard for all regulated
    14  substances throughout a site shall not be subject to the deed
    15  acknowledgment requirements of the act of July 7, 1980 (P.L.380,
    16  No.97), known as the Solid Waste Management Act, or the act of
    17  October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites
    18  Cleanup Act. An existing acknowledgment contained in a deed
    19  prior to demonstrating compliance with the background standard
    20  may be removed.
    21     (e)  Notice and review provisions.--Persons utilizing the
    22  background standard shall comply with the following requirements
    23  for notifying the public and the department of planned
    24  remediation activities:
    25         (1)  Notice of intent to initiate remediation activities
    26     shall be made in the following manner:
    27             (i)  A notice of intent to remediate a site shall be
    28         submitted to the department which, to the extent known,
    29         provides a brief description of the location of the site,
    30         a listing of the contaminant or contaminants involved, a
    19930S0972B2480                 - 17 -

     1         description of the intended future use of the property
     2         for employment opportunities, housing, open space,
     3         recreation or other uses, and the proposed remediation
     4         measures. The department shall publish an acknowledgment
     5         noting receipt of the notice of intent in the
     6         Pennsylvania Bulletin.
     7             (ii)  At the same time a notice of intent to
     8         remediate a site is submitted to the department, a copy
     9         of the notice shall be provided to the municipality in
    10         which the site is located and a summary of the notice of
    11         intent shall be published in a newspaper of general
    12         circulation serving the area in which the site is
    13         located.
    14         (2)  Notice of the submission of the final report
    15     demonstrating attainment of the background standard shall be
    16     given to the municipality in which the remediation site is
    17     located, published in a newspaper of general circulation
    18     serving the area and in the Pennsylvania Bulletin.
    19         (3)  The department shall review the final report
    20     demonstrating attainment of the background standard within 45
    21     days of its receipt or notify the person submitting the
    22     report of substantive deficiencies. If the department does
    23     not respond with deficiencies within 45 days, the final
    24     report shall be deemed approved.
    25  Section 303.  Statewide health standard.
    26     (a)  Standard.--The Environmental Quality Board shall
    27  promulgate Statewide health standards for regulated substances
    28  for each environmental medium. The standards shall include any
    29  existing numerical residential and nonresidential health-based
    30  standards adopted by the department and by the Federal
    19930S0972B2480                 - 18 -

     1  Government by regulation or statute. For those health-based
     2  standards not already established by regulation, the department
     3  shall, by regulation, propose residential and nonresidential
     4  medium-specific concentrations within 12 months of the effective
     5  date of this act. The Environmental Quality Board shall also
     6  promulgate, along with the standards, the methods used to
     7  calculate the standards.
     8     (b)  Medium-specific requirements.--The following
     9  requirements shall be used in defining a medium-specific
    10  concentration limit:
    11         (1)  Any discharge or release into surface water
    12     occurring during or after attainment of the Statewide health
    13     standard shall comply with applicable laws and regulations
    14     relating to surface water discharges.
    15         (2)  Any emissions to the outdoor air occurring during or
    16     after attainment of the Statewide health standard shall
    17     comply with applicable laws and regulations relating to
    18     emissions into the outdoor air.
    19         (3)  The concentration of a regulated substance in
    20     groundwater in aquifers used or currently planned to be used
    21     for drinking water or for agricultural purposes shall comply
    22     with the maximum contaminant level established for drinking
    23     water. Where no maximum contaminant level has been
    24     established, the ingestion medium-specific concentration
    25     level for residential exposure shall be used. If the
    26     groundwater at the site has naturally occurring background
    27     total dissolved solids concentrations greater than 2,500
    28     milligrams per liter, the remediation standard for a
    29     regulated substance dissolved in the groundwater may be
    30     adjusted by multiplying the medium-specific concentration for
    19930S0972B2480                 - 19 -

     1     groundwater in aquifers by 100. The resulting value becomes
     2     the maximum contaminant level for groundwater.
     3         (4)  The concentration of a regulated substance
     4     throughout the soil column shall not exceed the lower of the
     5     soil medium-specific concentration based on residential
     6     exposure factors or the soil-to-groundwater pathway numeric
     7     value determined by the following:
     8             (i)  A value which is 100 times the medium-specific
     9         concentration for groundwater.
    10             (ii)  A concentration in soil that does not produce a
    11         leachate in excess of medium-specific concentrations for
    12         groundwater when subjected to the Synthetic Precipitation
    13         Leaching Procedures, Method 1312 of SW 846, Test Methods
    14         for Evaluating Solid Waste, promulgated by EPA. Other
    15         test methods that accurately simulate conditions at the
    16         site may be used in the demonstration in place of this
    17         method.
    18         (5)  Exposure scenarios for medium-specific
    19     concentrations for nonresidential conditions shall be
    20     established using valid scientific methods reflecting worker
    21     exposure.
    22     (c)  Additional limits.--For those regulated substances where
    23  medium-specific concentration limits cannot be established using
    24  the procedures in subsection (b), the medium-specific
    25  concentration limits for the ingestion of groundwater,
    26  inhalation of soils, ingestion and inhalation of volatiles and
    27  particulates from the soils shall be calculated by the
    28  department using valid scientific methods, reasonable exposure
    29  pathway assumptions and exposure factors for residential and
    30  nonresidential land use which are no more stringent than the
    19930S0972B2480                 - 20 -

     1  standard default exposure factors established by EPA based on
     2  the following levels of risk:
     3         (1)  For a regulated substance which is a carcinogen, the
     4     medium-specific concentration is the concentration which
     5     represents an excess upper bound lifetime cancer target risk
     6     of between 1 in 10,000 and 1 in 1,000,000 due to continuous
     7     lifetime exposure for residential scenarios and a
     8     noncontinuous exposure for nonresidential exposure scenarios.
     9         (2)  For a regulated substance which is a systemic
    10     toxicant, the medium-specific concentration is the
    11     concentration to which human populations could be exposed by
    12     direct ingestion or inhalation on a daily basis without
    13     appreciable risk of deleterious effects for the exposed
    14     population.
    15     (d)  Relationship to background.--The concentration of a
    16  regulated substance in an environmental media of concern on a
    17  site where the Statewide health standard has been selected shall
    18  not be required to meet the Statewide health standard if the
    19  Statewide health standard is numerically less than the
    20  achievable practical quantitative limit. In such cases, the
    21  achievable practical quantitative limit shall apply.
    22     (e)  Attainment.--Final certification that a site or portion
    23  of a site meets the Statewide health standard shall be
    24  documented in the following manner:
    25         (1)  Attainment of cleanup levels shall be demonstrated
    26     by collection and analysis of representative samples from the
    27     environmental medium of concern, including soils, and
    28     groundwater in aquifers at the point of compliance through
    29     the application of statistical tests set forth in regulation
    30     or, if no regulations have been adopted, in a demonstration
    19930S0972B2480                 - 21 -

     1     of a mathematically valid application of statistical tests.
     2     The Department of Environmental Resources shall also
     3     recognize those methods of attainment demonstration generally
     4     recognized as appropriate for that particular remediation.
     5         (2)  A final report that documents attainment of the
     6     Statewide health standard shall be submitted to the
     7     department which includes the descriptions of procedures and
     8     conclusions of the site investigation to characterize the
     9     nature, extent, direction, rate of movement off the site and
    10     cumulative effects, if any, volume, composition,
    11     concentration of contaminants in environmental media, the
    12     basis for selecting environmental media of concern,
    13     documentation supporting the selection of residential or
    14     nonresidential exposure factors, descriptions of removal or
    15     decontamination procedures performed in remediation,
    16     summaries of sampling methodology and analytical results
    17     which demonstrate that contaminants have been removed or
    18     decontaminated to applicable levels and documentation of
    19     compliance with postremediation care requirements if they are
    20     needed to maintain the Statewide health standard.
    21         (3)  Institutional controls such as fencing and future
    22     land use restrictions on a site may not be used to attain the
    23     Statewide health standard. Institutional controls may be used
    24     to maintain the Statewide health standard after remediation
    25     occurs.
    26     (f)  Authority reserved.--If a person fails to demonstrate
    27  attainment of the Statewide health standard, the department may
    28  require that additional remediation measures be taken in order
    29  to meet the health standard or the person may select to meet the
    30  requirements of section 302 or 304.
    19930S0972B2480                 - 22 -

     1     (g)  Deed notice.--Persons attaining and demonstrating
     2  compliance with the Statewide health standard considering
     3  residential exposure factors for a regulated substance on the
     4  entire site shall not be subject to the deed acknowledgment
     5  requirements of the act of July 7, 1980 (P.L.380, No.97), known
     6  as the Solid Waste Management Act, or the act of October 18,
     7  1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
     8  Act. An existing acknowledgment contained in a deed prior to
     9  demonstrating compliance with the residential Statewide health
    10  standard may be removed. The deed acknowledgment requirements
    11  shall apply where nonresidential exposure factors were used to
    12  comply with the Statewide health standard.
    13     (h)  Notice and review provisions.--Persons utilizing the
    14  Statewide health standard shall comply with the following
    15  requirements for notifying the public and the department of
    16  planned remediation activities:
    17         (1)  Notice of intent to initiate remediation activities
    18     shall be made in the following manner:
    19             (i)  A notice of intent to remediate a site shall be
    20         submitted to the department which provides, to the extent
    21         known, a brief description of the location of the site, a
    22         listing of the contaminant or contaminants involved, a
    23         description of the intended future use of the property
    24         for employment opportunities, housing, open space,
    25         recreation or other uses and the proposed remediation
    26         measures. The department shall publish an acknowledgment
    27         noting receipt of the notice of intent in the
    28         Pennsylvania Bulletin.
    29             (ii)  At the same time a notice of intent to
    30         remediate a site is submitted to the department, a copy
    19930S0972B2480                 - 23 -

     1         of the notice shall be provided to the municipality in
     2         which the site is located and a summary of the notice of
     3         intent shall be published in a newspaper of general
     4         circulation serving the area in which the site is
     5         located.
     6         (2)  Notice of the submission of the final report
     7     demonstrating attainment of the Statewide health standard
     8     shall be given to the municipality in which the remediation
     9     site is located, published in a newspaper of general
    10     circulation serving the area and in the Pennsylvania
    11     Bulletin.
    12         (3)  The department shall review the final report
    13     demonstrating attainment of the Statewide health standard
    14     within 45 days of its receipt or notify the person submitting
    15     the report of substantive deficiencies. If the department
    16     does not respond with deficiencies within 45 days, the final
    17     report shall be deemed approved.
    18  Section 304.  Site-specific standard.
    19     (a)  General.--Where a site-specific standard is selected as
    20  the environmental remediation standard or where the background
    21  or Statewide health standard is selected but not achieved, site
    22  investigation, risk assessment, cleanup plans and final reports
    23  shall be developed using the procedures and factors established
    24  by this section.
    25     (b)  Carcinogens.--For known or suspected carcinogens, soil
    26  and groundwater cleanup standards shall be established at
    27  exposures which represent an excess upper-bound lifetime risk of
    28  between 1 in 10,000 and 1 in 1,000,000. The cumulative excess
    29  risk to exposed populations, including sensitive subgroups,
    30  shall not be greater than 1 in 10,000.
    19930S0972B2480                 - 24 -

     1     (c)  Systemic toxicants.--For systemic toxicants, soil and
     2  groundwater cleanup standards shall represent levels to which
     3  the human population could be exposed on a daily basis without
     4  appreciable risk of deleterious effect to the exposed
     5  population. Where several systemic toxicants affect the same
     6  target organ or act by the same method of toxicity, the hazard
     7  index shall not exceed one. The hazard index is the sum of the
     8  hazard quotients for multiple systemic toxicants acting through
     9  a single-medium exposure pathway or through multiple-media
    10  exposure pathways.
    11     (d)  Groundwater.--Cleanup standards for groundwater shall be
    12  established using the following considerations:
    13         (1)  For groundwater in aquifers, site-specific standards
    14     shall be established using the following procedures:
    15             (i)  The current and probable future use of
    16         groundwater shall be identified and protected.
    17         Groundwater that has a background total dissolved solids
    18         content greater than 2,500 milligrams per liter or is not
    19         capable of transmitting water to a pumping well in usable
    20         and sustainable quantities shall not be considered a
    21         current or potential source of drinking water.
    22             (ii)  Site-specific sources of contaminants and
    23         potential receptors shall be identified.
    24             (iii)  Natural environmental conditions affecting the
    25         fate and transport of contaminants, such as natural
    26         attenuation, shall be determined by appropriate
    27         scientific methods.
    28         (2)  Groundwater not in aquifers shall be evaluated using
    29     current or probable future exposure scenarios. Appropriate
    30     management actions shall be instituted at the point of
    19930S0972B2480                 - 25 -

     1     exposure where a person is exposed to groundwater by
     2     ingestion or other avenues to protect human health and the
     3     environment. This shall not preclude taking appropriate
     4     source management actions by the responsible party to achieve
     5     the equivalent level of protection.
     6     (e)  Soil.--Concentrations of regulated substances in soil
     7  shall not exceed: values calculated in accordance with
     8  subsections (b) and (c) based on human ingestion of soil where
     9  direct contact exposure to the soil may reasonably occur; values
    10  calculated to protect groundwater in aquifers at levels
    11  determined in accordance with subsections (b), (c) and (d); and
    12  values calculated to satisfy the requirements of subsection (g)
    13  with respect to discharges or releases to surface water or
    14  emissions to the outdoor air. Such determinations shall take
    15  into account the effects of institutional and engineering
    16  controls, if any, and shall be based on sound scientific
    17  principles, including fate and transport analysis of the
    18  migration of a regulated substance in relation to receptor
    19  exposures.
    20     (f)  Factors.--In determining soil and groundwater cleanup
    21  standards under subsections (d) and (e), the following factors
    22  shall also be considered:
    23         (1)  Use of standard exposure factors for the land use of
    24     the site with reference to current and currently planned
    25     future land use and the effectiveness of institutional or
    26     legal controls placed on the future use of the land.
    27         (2)  Use of appropriate statistical techniques,
    28     including, but not limited to, Monte Carlo simulations, to
    29     establish statistically valid cleanup standards.
    30         (3)  The potential of human ingestion of regulated
    19930S0972B2480                 - 26 -

     1     substances in surface water or other site-specific surface
     2     water exposure pathways, if applicable.
     3         (4)  The potential of human inhalation of regulated
     4     substances from the outdoor air and other site-specific air
     5     exposure pathways, if applicable.
     6     (g)  Air and surface water.--Any discharge into surface water
     7  or any emissions to the outdoor air which occur during or after
     8  attainment of the site-specific standard shall comply with
     9  applicable laws and regulations relating to surface water
    10  discharges or emissions into the outdoor air, unless the site
    11  investigation and site assessment demonstrate, using the latest
    12  peer-reviewed toxicological data, that a standard other than
    13  those in applicable laws and regulations would protect public
    14  health and the environment.
    15     (h)  Relationship to background.--The concentration of a
    16  regulated substance in an environmental medium of concern on a
    17  site where the site-specific standard has been selected shall
    18  not be required to meet the site-specific standard if the site-
    19  specific standard is numerically less than the achievable
    20  practical quantitative limit. In such cases, the achievable
    21  practical quantitative limit shall apply.
    22     (i)  Combination of measures.--The standards may be attained
    23  through a combination of remediation activities that can include
    24  treatment, removal, engineering or institutional controls and
    25  can include innovative or other demonstrated measures.
    26     (j)  Remedy evaluation.--The final remediation plan for a
    27  site submitted to the department shall include remediation
    28  alternatives and a final remedy which consider each of the
    29  following factors:
    30         (1)  Long-term risks and effectiveness of the proposed
    19930S0972B2480                 - 27 -

     1     remedy that includes an evaluation of:
     2             (i)  The magnitude of risks remaining after
     3         completion of the remedial action.
     4             (ii)  The type, degree and duration of
     5         postremediation care required, including, but not limited
     6         to, operation and maintenance, monitoring, inspections
     7         and reports and their frequencies or other activities
     8         which will be necessary to protect human health and the
     9         environment.
    10             (iii)  Potential for exposure of human and
    11         environmental receptors to regulated substances remaining
    12         at the site.
    13             (iv)  Long-term reliability of any engineering and
    14         voluntary institutional controls.
    15             (v)  Potential need for repair, maintenance or
    16         replacement of components of the remedy.
    17             (vi)  Time to achieve cleanup standards.
    18         (2)  Reduction of the toxicity, mobility or volume of
    19     regulated substances, including the amount of regulated
    20     substances that will be removed, contained, treated or
    21     destroyed, the degree of expected reduction in toxicity,
    22     mobility or volume and the type, quantity, toxicity and
    23     mobility of regulated substances remaining after
    24     implementation of the remedy.
    25         (3)  Short-term risks and effectiveness of the remedy,
    26     including the short-term risks that may be posed to the
    27     community, workers or the environment during implementation
    28     of the remedy and the effectiveness and reliability of
    29     protective measures to address short-term risks.
    30         (4)  The ease or difficulty of implementing the proposed
    19930S0972B2480                 - 28 -

     1     remedy, including commercially available remedial measures
     2     which are BADCT, degree of difficulty associated with
     3     constructing the remedy, expected operational reliability,
     4     available capacity and location of needed treatment, storage
     5     and disposal services for wastes, time to initiate remedial
     6     efforts and approvals necessary to implement the remedial
     7     efforts.
     8         (5)  The cost of the remediation measure, including
     9     capital costs, operation and maintenance costs, net present
    10     value of capital and operation and maintenance costs and the
    11     total costs and effectiveness of the system.
    12         (6)  The incremental health and economic benefits shall
    13     be evaluated by comparing those benefits to the incremental
    14     health and economic costs associated with implementation of
    15     remedial measures.
    16     (k)  Attainment.--Compliance with the site-specific standard
    17  is attained for a site or portion of a site when a remedy
    18  approved by the department has been implemented in compliance
    19  with the following criteria:
    20         (1)  Soil, groundwater, surface water and air emission
    21     standards as determined under subsections (a) through (h)
    22     have been attained.
    23         (2)  Attainment of the site-specific standard shall be
    24     demonstrated by collection and analysis of samples from
    25     affected media, as applicable, such as surface water, soil,
    26     groundwater in aquifers at the point of compliance through
    27     the application of statistical tests set forth in regulation
    28     or, if no regulations have been adopted, in a demonstration
    29     of a mathematically valid application of statistical tests.
    30     The Department of Environmental Resources shall also
    19930S0972B2480                 - 29 -

     1     recognize those methods of attainment demonstration generally
     2     recognized as appropriate for that particular remediation.
     3     (l)  Site investigation and remedy selection.--Any person
     4  selecting to comply with site-specific standards established by
     5  this section shall submit the following reports and evaluations,
     6  as required under this section, for review and approval by the
     7  department:
     8         (1)  A remedial investigation report shall be submitted
     9     which includes:
    10             (i)  Documentation and descriptions of procedures and
    11         conclusions from the site investigation to characterize
    12         the nature, extent, direction, rate of movement, volume
    13         and composition of regulated substances.
    14             (ii)  The concentration of regulated substances in
    15         environmental media of concern, including summaries of
    16         sampling methodology and analytical results, and
    17         information obtained from attempts to comply with the
    18         background or Statewide health standards, if any.
    19             (iii)  A description of the existing or potential
    20         public benefits of the use or reuse of the property for
    21         employment opportunities, housing, open space, recreation
    22         or other uses.
    23             (iv)  A fate and transport analysis may be included
    24         in the report to demonstrate that no present or future
    25         exposure pathways exist.
    26             (v)  If no exposure pathways exist, a risk assessment
    27         report and cleanup plan are not required and no remedy is
    28         required to be proposed or completed.
    29         (2)  If required, a risk assessment report shall describe
    30     the potential adverse effects under both current and planned
    19930S0972B2480                 - 30 -

     1     future conditions caused by the presence of a regulated
     2     substance in the absence of any further control, remediation
     3     or mitigation measures. A baseline risk assessment report is
     4     not required where it is determined that a specific
     5     remediation measure can be implemented to attain the site-
     6     specific standard.
     7         (3)  A cleanup plan shall evaluate the relative abilities
     8     and effectiveness of potential remedies to achieve the
     9     requirements for remedies described in subsection (k) when
    10     considering the evaluation factors described in subsection
    11     (j). The plan shall select a remedy which achieves the
    12     requirements for remedies described in subsection (k). The
    13     department may require a further evaluation of the selected
    14     remedy or an evaluation of one or more additional remedies in
    15     response to comments received from the community surrounding
    16     the site as a result of the community involvement plan
    17     established in subsection (o) which are based on the factors
    18     described in subsection (j) or as a result of its own
    19     analysis which are based on the evaluation factors described
    20     in subsection (j).
    21         (4)  A final report demonstrating that the approved
    22     remedy has been completed in accordance with the cleanup plan
    23     shall be submitted to the department.
    24         (5)  Nothing in this section shall preclude a person from
    25     submitting a remedial investigation report, risk assessment
    26     report and cleanup plan at one time to the department for
    27     review.
    28         (6)  Decisions by the department involving the reports
    29     and evaluations required under this section shall be
    30     considered appealable actions under the act of July 13, 1988
    19930S0972B2480                 - 31 -

     1     (P.L.530, No.94), known as the Environmental Hearing Board
     2     Act.
     3     (m)  Deed notice.--Persons attaining and demonstrating
     4  compliance with site-specific standards for a regulated
     5  substance on a site shall be subject to the deed acknowledgment
     6  requirements of the act of July 7, 1980 (P.L.380, No.97), known
     7  as the Solid Waste Management Act, or the act of October 18,
     8  1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
     9  Act. The notice shall include whether residential or
    10  nonresidential exposure factors were used to comply with the
    11  site-specific standard.
    12     (n)  Notice and review provisions.--Persons utilizing the
    13  site-specific standard shall comply with the following
    14  requirements for notifying the public and the department of
    15  planned remediation activities:
    16         (1)  (i)  A notice of intent to remediate a site shall be
    17         submitted to the department which provides, to the extent
    18         known, a brief description of the location of the site, a
    19         listing of the contaminant or contaminants involved and
    20         the proposed remediation measures. The department shall
    21         publish an acknowledgment noting receipt of the notice of
    22         intent in the Pennsylvania Bulletin. At the same time a
    23         notice of intent to remediate a site is submitted to the
    24         department, a copy of the notice shall be provided to the
    25         municipality in which the site is located and a summary
    26         of the notice of intent shall be published in a newspaper
    27         of general circulation serving the area in which the site
    28         is located.
    29             (ii)  The notices required by this paragraph shall
    30         include a 30-day public and municipal comment period
    19930S0972B2480                 - 32 -

     1         during which the community can request to be involved in
     2         the development of the cleanup and reuse plans for the
     3         site. If requested by the community, the person
     4         undertaking the cleanup shall develop and implement a
     5         public involvement program plan which meets the
     6         requirements of subsection (o). Persons undertaking the
     7         cleanup are encouraged to develop a proactive approach to
     8         working with the community in developing and implementing
     9         cleanup and reuse plans.
    10         (2)  The following notice and review provisions apply
    11     each time a remedial investigation report, risk assessment
    12     report, cleanup plan and final report demonstrating
    13     compliance with the site-specific standard is submitted to
    14     the department:
    15             (i)  When the report or plan is submitted to the
    16         department, a notice of its submission shall be provided
    17         to the municipality in which the site is located and a
    18         notice summarizing the findings and recommendations of
    19         the report or plan shall be published in a newspaper of
    20         general circulation serving the area in which the site is
    21         located. If the community requested to be involved in the
    22         development of the cleanup and reuse plans, the reports
    23         and plans shall also include the comments submitted by
    24         the community and the responses from the persons
    25         preparing the reports and plans.
    26             (ii)  The department shall review the report or plan
    27         within no more than 45 days of its receipt or notify the
    28         person submitting the report of deficiencies. If the
    29         department does not respond with deficiencies within 45
    30         days, the report shall be deemed approved.
    19930S0972B2480                 - 33 -

     1         (3)  If the remedial investigation report, risk
     2     assessment report and cleanup plan are submitted at the same
     3     time to the department, the department shall notify persons
     4     of any deficiencies in 90 days. If the department does not
     5     respond with deficiencies within 90 days, the reports are
     6     deemed approved.
     7     (o)  Community involvement.--Persons using site-specific
     8  standards are required to develop a community involvement plan
     9  which involves the community in the cleanup and use of the
    10  property if the community requests to be involved in the cleanup
    11  and reuse plans for the site. The plan shall propose measures to
    12  involve the community in the development and review of the
    13  remedial investigation report, risk assessment report, cleanup
    14  plan and final report. Depending on the site involved,
    15  techniques such as developing a proactive community information
    16  and consultation program that includes public meetings and
    17  roundtable discussions, convenient locations where documents
    18  related to a cleanup can be made available to the public and
    19  designating a single contact person to whom community residents
    20  can ask questions; the formation of a community-based group
    21  which is used to solicit suggestions and comments on the various
    22  reports required by this section; if needed, the retention of
    23  trained, independent third parties to facilitate meetings and
    24  discussions and perform mediation services.
    25  Section 305.  Special industrial areas.
    26     (a)  Special sites.--For property used for industrial
    27  activities where there is now no financially viable responsible
    28  person to clean up contamination or for land located within
    29  enterprise zones designated pursuant to the requirements of the
    30  Department of Community Affairs, the review procedures of this
    19930S0972B2480                 - 34 -

     1  section shall apply. Any environmental remediation undertaken
     2  pursuant to this section shall comply with one or more of the
     3  standards established in this chapter.
     4     (b)  Baseline report.--A baseline environmental report shall
     5  be conducted on the property based on a work plan approved by
     6  the department to establish a reference point showing existing
     7  contamination on the site. The report shall describe the
     8  proposed remediation measures to be undertaken within the limits
     9  of cleanup liability found in section 502. The report shall also
    10  include a description of the existing or potential public
    11  benefits of the use or reuse of the property for employment
    12  opportunities, housing, open space, recreation or other use.
    13     (c)  Public review.--Persons undertaking the cleanup and
    14  reuse of sites under this section shall comply with the
    15  following public notice and review requirements:
    16         (1)  A notice of intent to remediate a site shall be
    17     submitted to the department which provides, to the extent
    18     known, a brief description of the location of the site, a
    19     listing of the contaminant or contaminants involved and the
    20     proposed remediation measures. The department shall publish
    21     an acknowledgment noting receipt of the notice of intent in
    22     the Pennsylvania Bulletin. At the same time a notice of
    23     intent to remediate a site is submitted to the department, a
    24     copy of the notice shall be provided to the municipality in
    25     which the site is located and a summary of the notice of
    26     intent shall be published in a newspaper of general
    27     circulation serving the area in which the site is located.
    28         (2)  The notices required by this subsection shall
    29     include a 30-day public and municipal comment period during
    30     which the community can request to be involved in the
    19930S0972B2480                 - 35 -

     1     development of the cleanup and reuse plans for the site. If
     2     requested by the community, the person undertaking the
     3     cleanup shall develop and implement a public involvement
     4     program plan which meets the requirements of section 304(o).
     5     Persons undertaking the cleanup are encouraged to develop a
     6     proactive approach to working with the community in
     7     developing and implementing cleanup and reuse plans.
     8     (d)  Department review.--No later than 90 days after the
     9  completed environmental report is submitted for review, the
    10  department shall determine whether the report adequately
    11  identifies the environmental hazards and risks posed by the
    12  site. The comments obtained as a result of a community
    13  involvement plan developed pursuant to section 304(o) shall also
    14  be considered by the department. The department shall notify the
    15  person submitting the report of deficiencies within 90 days. If
    16  the department does not respond within 90 days, the study is
    17  deemed approved.
    18     (e)  Agreement.--The department and the person undertaking
    19  the reuse of a special industrial site shall enter into an
    20  agreement based on the environmental report which outlines
    21  cleanup liability for the property.
    22     (f)  Department actions.--A person entering into an agreement
    23  pursuant to this section shall not interfere with any subsequent
    24  remediation efforts by the department or others to deal with
    25  contamination identified in the baseline environmental report so
    26  long as it does not disrupt the use of the property.
    27     (g)  Deed notice.--Persons entering into agreements pursuant
    28  to this section shall be subject to the deed acknowledgment
    29  requirements of the act of July 7, 1980 (P.L.380, No.97), known
    30  as the Solid Waste Management Act, or the act of October 18,
    19930S0972B2480                 - 36 -

     1  1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup
     2  Act, where applicable.
     3  Section 306.  Privatization.
     4     (a)  General.--The department shall develop a program to use
     5  private firms to undertake a portion of the technical reviews
     6  required under this act. As part of the program, the department
     7  may:
     8         (1)  Develop a system of prequalified firms which
     9     supervise the development and implementation of cleanup plans
    10     and certify properties as meeting the environmental
    11     remediation standards established in this chapter.
    12         (2)  Develop programs in which private firms perform the
    13     technical review of remedial investigation reports, risk
    14     assessment reports, cleanup plans and final reports required
    15     to be submitted pursuant to this chapter.
    16     (b)  Audits.--The department shall develop an auditing
    17  program sufficient to insure that private firms meet the
    18  requirements of the program.
    19     (c)  Report.--The department shall on October 1 of each year
    20  report to the General Assembly on the activities the department
    21  has undertaken pursuant to this section.
    22  Section 307.  Local land development controls.
    23     This act shall not affect the ability of local governments to
    24  regulate land development under the act of July 31, 1968
    25  (P.L.805, No.247), known as the Pennsylvania Municipalities
    26  Planning Code. The use of the identified property and any deed
    27  restrictions used as part of a remediation plan shall comply
    28  with local land development controls adopted under the
    29  Pennsylvania Municipalities Planning Code.
    30  Section 308.  Immediate response.
    19930S0972B2480                 - 37 -

     1     (a)  Emergency response.--The provisions of this chapter
     2  shall not prevent or impede the immediate response of the
     3  department or responsible person to an emergency which involves
     4  an imminent or actual release of a regulated substance which
     5  threatens public health or the environment. The final
     6  remediation of the site shall comply with the provisions of this
     7  chapter which shall not be prejudiced by the mitigation measures
     8  undertaken to that point.
     9     (b)  Interim response.--The provisions of this chapter shall
    10  not prevent or impede a responsible person from undertaking
    11  mitigation measures to prevent significant impacts on human
    12  health or the environment. Those mitigation measures may include
    13  limiting public access to the release area, installing drainage
    14  controls to prevent runoff, stabilization and maintenance of
    15  containment structures, actions to prevent the migration of
    16  regulated substances, on-site treatment or other measures not
    17  prohibited by the department. The final remediation of the site
    18  shall comply with the provisions of this chapter which shall not
    19  be prejudiced by the mitigation measures undertaken to that
    20  point.
    21                             CHAPTER 5
    22                    CLEANUP LIABILITY PROTECTION
    23  Section 501.  Cleanup liability protection.
    24     (a)  General.--Any person demonstrating compliance with the
    25  environmental remediation standards established in Chapter 3
    26  shall be relieved of further liability for the remediation of
    27  the site under the statutes outlined in section 106 for any
    28  contamination identified in reports submitted to and approved by
    29  the department to demonstrate compliance with these standards
    30  and shall not be subject to citizen suits or other contribution
    19930S0972B2480                 - 38 -

     1  actions brought by responsible persons. The cleanup liability
     2  protection provided by this chapter applies to the following
     3  persons:
     4         (1)  The current or future owner of the identified
     5     property, who participated in the remediation of the site.
     6         (2)  A person who develops or otherwise occupies the
     7     identified site.
     8         (3)  A successor or assign of any person to whom the
     9     liability protection applies.
    10         (4)  A public utility to the extent the public utility
    11     performs activities on the identified site.
    12     (b)  Illegal activities.--The provisions of this chapter do
    13  not create a defense against the imposition of criminal and
    14  civil fines and penalties or administrative penalties imposed as
    15  the result of the illegal disposal of waste or for the pollution
    16  of the land, air or waters of this Commonwealth on the
    17  identified site.
    18  Section 502.  Special industrial sites.
    19     (a)  Agreement.--The department and the person undertaking
    20  the reuse of an abandoned industrial site under section 305
    21  shall enter into an agreement based on the environmental report
    22  which outlines cleanup liability for the site. Any person
    23  included in such an agreement shall not be subject to a citizen
    24  suit or other contribution actions brought by responsible
    25  persons not participating in the environmental remediation of
    26  the site.
    27     (b)  Liability.--The cleanup liabilities for the person
    28  undertaking the report shall include the following:
    29         (1)  The person shall only be responsible for remediation
    30     of any immediate, direct or imminent threats to public health
    19930S0972B2480                 - 39 -

     1     or the environment, such as drummed waste, which would
     2     prevent the site from being occupied for its intended
     3     purpose.
     4         (2)  The person shall not be held responsible for the
     5     remediation of any contamination identified in the
     6     environmental report, other than the contamination noted in
     7     paragraph (1).
     8         (3)  Nothing in this act shall relieve the person from
     9     any cleanup liability for contamination later caused by that
    10     person on the site.
    11     (c)  Developer or occupier.--A person who develops or
    12  occupies the site shall not be considered a responsible person
    13  for purposes of assigning cleanup liability.
    14     (d)  Successor or assign.--A successor or assign of any
    15  person to whom cleanup liability protection applies for a site
    16  shall not be considered a responsible person for purposes of
    17  assigning cleanup liability, provided the successor or assign is
    18  not a person responsible for contamination on the site who did
    19  not participate in the environmental remediation action.
    20     (e)  Public utility.--A public utility shall not be
    21  considered a responsible person for purposes of assigning
    22  cleanup liability to the extent the public utility performs
    23  activities on the identified site, provided the public utility
    24  is not a person responsible for contamination on the property.
    25  Section 503.  Existing exclusions.
    26     The protection from cleanup liability afforded under this act
    27  shall be in addition to the exclusions from being a responsible
    28  person under the statutes listed in section 106.
    29  Section 504.  New liability.
    30     Nothing in this act shall relieve a person receiving
    19930S0972B2480                 - 40 -

     1  protection from cleanup liability under this chapter from any
     2  cleanup liability for contamination later caused by that person
     3  on a site which has demonstrated compliance with one or more of
     4  the environmental remediation standards established in Chapter
     5  3.
     6  Section 505.  Reopeners.
     7     Any person who completes remediation in compliance with this
     8  act shall not be required to undertake additional remediation
     9  actions unless:
    10         (1)  fraud was committed in the certification of the site
    11     that resulted in avoiding the need for further cleanup of the
    12     site;
    13         (2)  new information confirms the existence of an area of
    14     previously unknown contamination;
    15         (3)  the remediation method failed to meet one or a
    16     combination of the three cleanup standards; or
    17         (4)  substantial changes in exposure conditions, such as
    18     a change from nonresidential to a residential use, or new
    19     information about regulated substances associated with the
    20     site which results in the level of risk being increased
    21     beyond the acceptable risk range.
    22  Section 506.  Authority reserved.
    23     Except for the performance of further remediation of the
    24  site, nothing in this act shall affect the ability or authority
    25  of any person to seek any relief available against any party who
    26  may have liability with respect to this site. This act shall not
    27  affect the ability or authority to seek a contribution from any
    28  person who may have liability with respect to the site and did
    29  not participate in the environmental remediation actions.
    30                             CHAPTER 7
    19930S0972B2480                 - 41 -

     1                      NO-ACTION DETERMINATIONS
     2  Section 701.  No-action determinations.
     3     Property owners may request and the department shall issue
     4  written determinations that it will take no enforcement or
     5  cleanup actions against an innocent landowner who owns real
     6  property and is otherwise not responsible for any identified
     7  contamination or a release or threatened release of a regulated
     8  substance where either of the following occurs:
     9         (1)  An environmental assessment or transaction screen
    10     analysis indicates no significant contamination or
    11     contamination which does not pose significant actual risk to
    12     public health and the environment.
    13         (2)  Where the department finds that contamination or a
    14     release or threatened release of a regulated substance
    15     originates from a source on an adjacent or nearby real
    16     property.
    17  Section 702.  Assessment standards.
    18     (a)  Standards.--The department shall, after an opportunity
    19  for public review and comment, adopt standards for conducting
    20  environmental assessments. Until such standards are adopted, the
    21  department shall follow the most recent versions of Standard E-
    22  15-27-93-Standard Practice for Environmental Site Assessments:
    23  Phase I Environmental Site Assessment Process as adopted by
    24  ASTM. Property transaction screens as required by this chapter
    25  shall follow Standard E-15-28-93-Standard Practice for
    26  Environmental Sites Assessments: Transaction Screen Process as
    27  adopted by ASTM.
    28     (b)  Liability.--A person shall not be considered a person
    29  responsible for a release or a threatened release of a regulated
    30  substance simply by virtue of conducting an environmental
    19930S0972B2480                 - 42 -

     1  assessment or transaction screen on a property. Nothing in this
     2  section relieves a person of any liability for failure to
     3  exercise due diligence in performing an environmental assessment
     4  or transaction screen.
     5  Section 703.  Review deadline.
     6     The department shall make a decision on whether or not to
     7  issue a no-action determination no later than 90 days after a
     8  request is made unless the department and the person requesting
     9  the determination agree to an extension of the review to a date
    10  certain.
    11  Section 704.  Applicability.
    12     The no-action determination shall also apply to any person
    13  providing financing to the person named in the determination for
    14  the identified property and to any person developing or
    15  occupying the identified property as the result of a lease or
    16  rent agreement or to the activities of a public utility on the
    17  identified property.
    18  Section 705.  Entry.
    19     The property owner must allow entry to the property by the
    20  department or its representatives for the purpose of taking any
    21  remediation and response actions needed to address contamination
    22  on the adjacent site and not interfere with any response action.
    23  Section 706.  Transferability.
    24     A no-action determination may be transferred by the property
    25  owner to successors and assigns if the successors and assigns
    26  are not otherwise responsible for any contamination on the
    27  adjacent property. A no-action determination shall also be
    28  extended to the successors and assigns of parties identified in
    29  section 704.
    30  Section 707.  Third parties.
    19930S0972B2480                 - 43 -

     1     No person who is the subject of a no-action determination
     2  issued by the department or who is granted liability protection
     3  under section 703 shall be subject to either citizen suits or
     4  other contribution actions brought by responsible persons for a
     5  release or potential release identified in the no-action
     6  determination.
     7                             CHAPTER 9
     8                   INDUSTRIAL LAND RECYCLING FUND
     9  Section 901.  Industrial Land Recycling Fund.
    10     (a)  Fund.--There is hereby established a separate account in
    11  the State Treasury, to be known as the Industrial Land Recycling
    12  Fund, which shall be a special fund administered by the
    13  department.
    14     (b)  Purpose.--The moneys deposited in this fund shall be
    15  used by the department for the purpose of implementing the
    16  provisions of this act. Moneys from the Hazardous Sites Cleanup
    17  Fund shall also be available to the department to remediate a
    18  release or threatened release on a property covered by the
    19  provisions of this act.
    20     (c)  Funds.--In addition to any funds appropriated by the
    21  General Assembly, Federal funds and private contributions and
    22  any fines and penalties assessed under this act shall be
    23  deposited into the fund.
    24     (d)  Annual report.--The department shall on October 1 of
    25  each year report to the General Assembly on the expenditures and
    26  commitments made from the Industrial Land Recycling Fund.
    27  Section 902.  Voluntary Cleanup Loan Program.
    28     (a)  Establishment.--There is hereby established a separate
    29  account in the State Treasury, to be known as the Voluntary
    30  Cleanup Loan Fund, which shall be a special fund administered by
    19930S0972B2480                 - 44 -

     1  the Department of Commerce. Within 60 days of the effective date
     2  of this act, the Department of Commerce shall finalize
     3  guidelines and issue application forms to administer this fund.
     4     (b)  Purpose.--The Voluntary Cleanup Loan Fund is to help
     5  provide funding to persons undertaking the voluntary remediation
     6  of a property. The funding shall be in the form of low-interest
     7  loans and grants for up to 75% of the costs incurred for
     8  completing an environmental study and for implementing a cleanup
     9  plan for the following categories of applicants:
    10         (1)  Local economic development agencies shall be
    11     eligible for grants and for low-interest loans at a rate of
    12     not more than 2% for the purpose of completing environmental
    13     studies and implementing cleanup plans.
    14         (2)  Low-interest loans shall be available at a rate of
    15     not more than 2% for the purpose of completing environmental
    16     studies and implementing cleanup plans by other applicants.
    17     (c)  Funds.--In addition to any funds appropriated by the
    18  General Assembly, at least $5,000,000 shall be transferred on
    19  July 1 of each year from the Hazardous Sites Cleanup Fund
    20  established by the act of October 18, 1988 (P.L.756, No.108),
    21  known as the Hazardous Sites Cleanup Act, to the Voluntary
    22  Cleanup Loan Fund for the purpose of implementing the program
    23  established in this section. Moneys received by the Department
    24  of Commerce as repayment of outstanding loans shall be deposited
    25  in the fund. Any interest earned by moneys in the fund shall
    26  remain in the fund. The first transfer of funds from the
    27  Hazardous Sites Cleanup Fund required by this subsection shall
    28  occur within 60 days of the effective date of this act.
    29     (d)  Annual report.--The Department of Commerce shall on
    30  October 1 of each year report to the General Assembly on the
    19930S0972B2480                 - 45 -

     1  grants, loans, expenditures and commitments made from the fund.
     2  Section 903.  Fees.
     3     (a)  Amount.--The department shall collect the following fees
     4  for the review of reports required to be submitted to implement
     5  the provisions of this act:
     6         (1)  A person utilizing the background or Statewide
     7     health standards for environmental remediation shall pay a
     8     fee of $250 upon submission of the report certifying
     9     compliance with the standards.
    10         (2)  A person utilizing site-specific standards for
    11     environmental remediation shall pay a fee of $250 each upon
    12     the submission of a remedial investigation, risk assessment
    13     and cleanup plan and an additional $500 at the time of
    14     submission of the final report certifying compliance with the
    15     standards.
    16         (3)  A person utilizing a combination of background,
    17     Statewide and site-specific standards shall pay the fees
    18     required by paragraphs (1) and (2), as applicable.
    19         (4)  No fee shall be charged for corrective actions
    20     undertaken under the act of July 6, 1989 (P.L.169, No.32),
    21     known as the Storage Tank and Spill Prevention Act.
    22     (b)  Deposit.--Fees imposed under this section shall be
    23  deposited in the Industrial Land Recycling Fund established
    24  under section 901.
    25  Section 904.  Transfer of funds.
    26     The complement of the department is increased by seven
    27  positions for the purpose of implementing this act. The sum of
    28  $500,000 is hereby appropriated to the Department of
    29  Environmental Resources for fiscal year 1994-1995 from the
    30  Hazardous Sites Cleanup Fund for the purpose of implementing
    19930S0972B2480                 - 46 -

     1  this act.
     2                             CHAPTER 11
     3                      MISCELLANEOUS PROVISIONS
     4  Section 1101.  Plain language.
     5     Remedial investigation, risk assessment, cleanup plans and
     6  other reports and notices required to be submitted to implement
     7  the provisions of this act shall contain a summary or special
     8  section that includes a plain language description of the
     9  information included in the report in order to enhance the
    10  opportunity for public involvement and understanding of the
    11  remediation process.
    12  Section 1102.  Permits.
    13     A State or local permit shall not be required for remediation
    14  activities undertaken entirely on the site if they are
    15  undertaken pursuant to the requirements of this act.
    16  Section 1103.  Future actions.
    17     At any time, a request may be made to the department to
    18  change the land use of the site from nonresidential to
    19  residential. The department shall only approve the request upon
    20  a demonstration that the site meets all the applicable cleanup
    21  standards for residential use of the property. Any existing deed
    22  acknowledgment contained in the deed prior to the demonstrating
    23  compliance with the residential use standard may be removed.
    24  Section 1104.  Relationship to Federal and State programs.
    25     (a)  Federal.--The provisions of this act shall not prevent
    26  the Commonwealth from enforcing specific numerical cleanup
    27  standards, monitoring or compliance requirements required to be
    28  enforced by the Federal Government as a condition of primacy or
    29  to receive Federal funds.
    30     (b)  State priority list.--Any remediation undertaken on a
    19930S0972B2480                 - 47 -

     1  site included on the State priority list established under the
     2  act of October 18, 1988 (P.L.756, No.108), known as the
     3  Hazardous Sites Cleanup Act, shall attain the site-specific
     4  standard established in section 304 and shall be performed in
     5  compliance with the administrative record and other procedural
     6  and public review requirements of Chapter 5 of the Hazardous
     7  Sites Cleanup Act.
     8     (c)  Storage tanks.--The environmental remediation standards
     9  established under this act shall be used in corrective actions
    10  undertaken pursuant to the act of July 6, 1989 (P.L.169, No.32),
    11  known as the Storage Tank and Spill Prevention Act. However, the
    12  procedures in the Storage Tank and Spill Prevention Act for
    13  reviewing and approving corrective actions shall be used in lieu
    14  of the procedures and reviews required by this act.
    15  Section 1105.  Enforcement.
    16     (a)  General.--The department is authorized to use the
    17  enforcement and penalty provisions applicable to the
    18  environmental medium or activity of concern, as appropriate,
    19  established under the act of June 22, 1937 (P.L.1987, No.394),
    20  known as The Clean Streams Law, the act of January 8, 1960 (1959
    21  P.L.2119, No.787), known as the Air Pollution Control Act, the
    22  act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
    23  Management Act, the act of July 13, 1988 (P.L.525, No.93),
    24  referred to as the Infectious and Chemotherapeutic Waste Law,
    25  the act of October 18, 1988 (P.L.756, No.108), known as the
    26  Hazardous Sites Cleanup Act, or the act of July 6, 1989
    27  (P.L.169, No.32), known as the Storage Tank and Spill Prevention
    28  Act, to enforce the provisions of this act.
    29     (b)  Fraud.--Any person who willfully commits fraud
    30  demonstrating attainment with one or more standards established
    19930S0972B2480                 - 48 -

     1  under this act shall, upon conviction, be subject to an
     2  additional penalty of $50,000 for each separate offense or to
     3  imprisonment for a period of not more than one year for each
     4  separate offense, or both. Each day shall be a separate offense.
     5  Section 1106.  Past penalties.
     6     Persons who have no responsibility for contamination on a
     7  site and participate in environmental remediation activities
     8  under this act shall not be responsible for paying any fines or
     9  penalties levied against any person responsible for
    10  contamination on the property.
    11  Section 1107.  Repeals.
    12     (a)  Absolute.--Section 504(b) through (f) and (h) of the act
    13  of October 18, 1988 (P.L.756, No.108), known as the Hazardous
    14  Sites Cleanup Act, are repealed.
    15     (b)  General.--All other acts and parts of acts are repealed
    16  insofar as they are inconsistent with this act and related to
    17  environmental remediation.
    18  Section 1108.  Effective date.
    19     This act shall take effect in 60 days.
    20                             CHAPTER 1                              <--
    21                         GENERAL PROVISIONS
    22  SECTION 101.  SHORT TITLE.
    23     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE INDUSTRIAL
    24  SITES REMEDIATION AND REUSE ACT.
    25  SECTION 102.  FINDINGS AND DECLARATION OF POLICY.
    26     (A)  LEGISLATIVE FINDINGS.--THE GENERAL ASSEMBLY FINDS AS
    27  FOLLOWS:
    28         (1)  THE CITIZENS OF THIS COMMONWEALTH HAVE A RIGHT TO
    29     PURE WATER AND A HEALTHY ENVIRONMENT, AS ESTABLISHED IN
    30     SECTION 27 OF ARTICLE I OF THE CONSTITUTION OF PENNSYLVANIA,
    19930S0972B2480                 - 49 -

     1     AND THE GENERAL ASSEMBLY HAS A RESPONSIBILITY TO ENSURE
     2     PROTECTION OF THAT RIGHT.
     3         (2)  THE CLEANUP OF REGULATED SUBSTANCES IN THIS
     4     COMMONWEALTH IS A MATTER OF SIGNIFICANT PUBLIC POLICY WITH
     5     SERIOUS ECONOMIC AND ENVIRONMENTAL CONSEQUENCES.
     6         (3)  INDUSTRIAL AND COMMERCIAL ACTIVITIES HAVE BEEN
     7     CONDUCTED IN MANY AREAS OF THIS COMMONWEALTH FOR MANY YEARS.
     8         (4)  MANY SITES SUFFER FROM CONTAMINATION WHICH OCCURRED
     9     PRIOR TO ADOPTION OF MODERN ENVIRONMENTAL LAWS.
    10         (5)  THE DIFFICULTY OF REMEDIATING SUCH SITES TO MEET
    11     PRESENTLY APPLICABLE ENVIRONMENTAL STANDARDS DISCOURAGES
    12     THEIR FULL ECONOMIC USE.
    13         (6)  THE REUSE OF THESE SITES IS AN IMPORTANT COMPONENT
    14     OF A SOUND LAND USE POLICY THAT WILL HELP PREVENT THE
    15     NEEDLESS DEVELOPMENT OF PRIME FARMLAND, OPEN SPACE AND
    16     NATURAL AREAS.
    17         (7)  THIS COMMONWEALTH SHOULD IDENTIFY SPECIAL REMEDIAL
    18     REQUIREMENTS TO FACILITATE CLEANUP OF THESE SITES AND
    19     ENCOURAGE THE RETURN OF SUCH SITES TO THEIR FULL AND
    20     PRODUCTIVE USE.
    21         (8)  CLEANUPS WHICH WILL LIMIT FUTURE USES OF SITES
    22     SHOULD BE REVIEWED BY AFFECTED LOCAL INTERESTS.
    23     (B)  DECLARATION OF PURPOSE.--THE GENERAL ASSEMBLY DECLARES
    24  THE FOLLOWING TO BE THE PURPOSES OF THIS ACT:
    25         (1)  TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND
    26     THE ENVIRONMENT, INCLUDING NATURAL RESOURCES OF THIS
    27     COMMONWEALTH, FROM THE SHORT-TERM AND LONG-TERM EFFECTS OF
    28     THE RELEASE OF REGULATED SUBSTANCES.
    29         (2)  TO IMPLEMENT SECTION 27 OF ARTICLE I OF THE
    30     CONSTITUTION OF PENNSYLVANIA.
    19930S0972B2480                 - 50 -

     1         (3)  TO ENCOURAGE THE REUSE OF PREVIOUSLY CONTAMINATED
     2     DEVELOPED SITES.
     3         (4)  TO AUTHORIZE PROMPT DEVELOPMENT OF GENERIC SOIL
     4     CLEANUP STANDARDS BASED UPON LIMITED EXPOSURE TO REGULATED
     5     SUBSTANCES CONSISTENT WITH FUTURE USES OF THE SITE.
     6         (5)  TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL
     7     RESOURCES TO PUBLISH THE NECESSARY GUIDANCE TO CARRY OUT THE
     8     PURPOSES OF THIS ACT.
     9  SECTION 103.  DEFINITIONS.
    10     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    11  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    12  CONTEXT CLEARLY INDICATES OTHERWISE:
    13     "AREA OF PERVASIVE GROUNDWATER CONTAMINATION."  AN AREA WHERE
    14  HYDROLOGICALLY CONNECTED GROUNDWATER BENEATH BOTH A SITE
    15  PROPOSED FOR A VOLUNTARY RESPONSE ACTION AND CONTIGUOUS OR
    16  NEARBY PROPERTIES CONTAINS ONE OR MORE REGULATED SUBSTANCES AT
    17  LEVELS GREATER THAN BACKGROUND AND WHERE AT LEAST ONE SOURCE OF
    18  THE ELEVATED LEVELS IS NOT LOCATED ON THE SITE PROPOSED FOR THE
    19  VOLUNTARY RESPONSE ACTION.
    20     "BACKGROUND."  CONCENTRATION OF A REGULATED SUBSTANCE NOT
    21  NATURALLY OCCURRING, BACKGROUND SHALL BE ANY CONCENTRATION BELOW
    22  THE MINIMUM LEVEL WHICH CAN BE DETECTED WITH RELIABILITY. FOR
    23  REGULATED SUBSTANCES NATURALLY OCCURRING, BACKGROUND SHALL BE
    24  THE MINIMUM LEVEL WHICH CAN BE QUANTIFIED WITH RELIABILITY OR
    25  THE ACTUAL VALUE, WHICHEVER IS HIGHER.
    26     "BOARD."  THE ENVIRONMENTAL QUALITY BOARD.
    27     "CARCINOGEN."  A SUBSTANCE KNOWN OR SUSPECTED TO BE CAPABLE
    28  OF INDUCING A CANCER RESPONSE, INCLUDING, BUT NOT LIMITED TO,
    29  CLASS A AND CLASS B CARCINOGENS AS SPECIFIED IN THE U.S.
    30  ENVIRONMENTAL PROTECTION AGENCY'S INTEGRATED RISK INFORMATION
    19930S0972B2480                 - 51 -

     1  SYSTEM (IRIS) OR ITS SUCCESSOR.
     2     "CLEANUP STANDARD."  CONCENTRATION OF A REGULATED SUBSTANCE,
     3  EXPRESSED AS A NUMERICAL VALUE, WHICH SATISFIES ONE OR MORE
     4  REQUIREMENTS OF SECTION 702, 703 OR 704.
     5     "DEPARTMENT."  THE DEPARTMENT OF ENVIRONMENTAL RESOURCES OF
     6  THE COMMONWEALTH.
     7     "ECOSYSTEM."  A COMMUNITY OF PLANTS, ANIMALS AND MICROBES,
     8  ITS PHYSICAL ENVIRONMENT AND THEIR INTERACTIONS AND
     9  INTERRELATIONSHIPS.
    10     "EMERGENCY MEASURES."  RESPONSE ACTIONS TAKEN IN A TIMELY
    11  MANNER TO ABATE IMMINENT AND SUBSTANTIAL THREATS TO HUMAN HEALTH
    12  AND SAFETY AND THE ENVIRONMENT.
    13     "ENGINEERED CONTROLS."  RESPONSE ACTIONS WHICH GENERALLY RELY
    14  UPON PHYSICAL MEASURES TO CONTAIN OR CONTROL THE MIGRATION  OF
    15  REGULATED SUBSTANCES THROUGH THE ENVIRONMENT OR TO ELIMINATE OR
    16  PREVENT EXPOSURE TO REGULATED SUBSTANCES. THESE INCLUDE, BUT ARE
    17  NOT LIMITED TO: SLURRY WALLS, LINER SYSTEMS, CAPS, LEACHATE
    18  COLLECTION SYSTEMS AND GROUNDWATER RECOVERY TRENCHES, FENCES OR
    19  OTHER SECURITY MEASURES USED TO PREVENT EXPOSURE TO REGULATED
    20  SUBSTANCES.
    21     "FUND."  THE ENVIRONMENTAL RESPONSE LOAN FUND ESTABLISHED
    22  UNDER CHAPTER 15.
    23     "GENERIC CLEANUP STANDARDS."  CLEANUP STANDARDS ESTABLISHED
    24  UNDER CHAPTER 11 THAT MAY BE USED IN A VOLUNTARY RESPONSE ACTION
    25  IN THIS COMMONWEALTH.
    26     "GROUNDWATER."  WATER BENEATH THE SURFACE OF THE GROUND THAT
    27  EXISTS IN A ZONE OF SATURATION. THE TERM DOES NOT INCLUDE WATER
    28  TRAPPED WITHIN AN OIL OR GAS POOL WHICH HAS NO POTENTIAL
    29  DRINKING WATER VALUE OR WATER WHICH HAS A NATURAL CONCENTRATION
    30  OF TOTAL DISSOLVED SOLIDS GREATER THAN 10,000 MILLIGRAMS PER
    19930S0972B2480                 - 52 -

     1  LITER.
     2     "HAZARD INDEX."  AN INDEX WHICH ESTABLISHES THE SYSTEMIC RISK
     3  OR TOXICITY OF ONE, OR ANY COMBINATION OF MORE THAN ONE,
     4  REGULATED SUBSTANCES. THE HAZARD INDEX IS EQUAL TO THE SUM OF
     5  THE RATIOS OF THE EXPOSURE TO EACH SUBSTANCE TO THE REFERENCE
     6  DOSE FOR THAT SUBSTANCE.
     7     "HISTORIC GROUNDWATER OR SOIL CONTAMINATION."  THE PRESENCE
     8  OF REGULATED SUBSTANCES IN GROUNDWATER OR SOIL AT CONCENTRATIONS
     9  GREATER THAN BACKGROUND CAUSED SOLELY BY ONE OR MORE RELEASES
    10  WHICH INITIALLY OCCURRED PRIOR TO JANUARY 1, 1986.
    11     "INDUSTRIAL ACTIVITIES."  MANUFACTURING OR PROCESSING OF
    12  MATERIALS, MARINE TERMINAL AND TRANSPORTATION AREAS AND
    13  FACILITIES, FABRICATION, ASSEMBLY, TREATMENT OR DISTRIBUTION OF
    14  MANUFACTURED PRODUCTS OR STORAGE OF MANUFACTURED MATERIALS.
    15     "INSTITUTIONAL CONTROLS."  RESPONSE ACTIONS DIRECTED
    16  EXCLUSIVELY TOWARD ISOLATING ACTUAL OR POTENTIALLY EXPOSED
    17  RECEPTORS FROM REGULATED SUBSTANCES IN SOIL, GROUNDWATER OR
    18  SEDIMENT. THESE INCLUDE, BUT ARE NOT LIMITED TO: RELOCATION OF
    19  RESIDENTS, BUSINESSES OR COMMUNITY FACILITIES, PROVISION OF
    20  ALTERNATIVE WATER SUPPLIES OR RESTRICTIONS ON FUTURE USE OF THE
    21  SITE.
    22     "LIMITED ACCESS USE."  USE OF PROPERTY AFTER COMPLETION OF A
    23  VOLUNTARY RESPONSE FOR:
    24         (1)  THOSE INDUSTRIAL ACTIVITIES DESIGNATED BY THE BOARD
    25     WHICH PREVENT ACCESS BY THE PUBLIC TO AREAS WHERE REGULATED
    26     SUBSTANCES MAY BE PRESENT IN THE SOIL AND FOR WHICH CLEANUP
    27     STANDARDS MEETING THE REQUIREMENTS OF THIS ACT CAN BE
    28     DEVELOPED BASED UPON SOLELY OCCUPATIONAL EXPOSURE ASSUMPTIONS
    29     CONSISTENT WITH SUCH USE.
    30         (2)  SUCH OTHER PROPERTY USES DESIGNATED BY THE BOARD
    19930S0972B2480                 - 53 -

     1     WHICH LIMIT THE PUBLIC FROM ACCESS TO AREAS WHERE REGULATED
     2     SUBSTANCE MAY BE PRESENT IN THE SOIL AND FOR WHICH CLEANUP
     3     STANDARDS MEETING THE REQUIREMENTS OF THIS ACT CAN BE
     4     DEVELOPED BASED UPON PUBLIC AND OCCUPATIONAL EXPOSURE
     5     ASSUMPTIONS CONSISTENT WITH SUCH USES.
     6     "LOCAL AGENCY."  THE LOCAL OR COUNTY GOVERNMENTAL AGENCY
     7  HAVING JURISDICTION OVER LAND USE DECISIONS.
     8     "NONTHRESHOLD EFFECT."  AN ADVERSE IMPACT, INCLUDING CANCER,
     9  FOR WHICH NO EXPOSURE GREATER THAN ZERO ASSURES PROTECTION TO
    10  THE EXPOSED INDIVIDUAL. THE TERM INCLUDES ADVERSE IMPACTS FROM
    11  REGULATED SUBSTANCES FOR WHICH THERE IS NO REFERENCE DOSE OR
    12  CANCER POTENCY SLOPE FACTOR.
    13     "PERSON."  AN INDIVIDUAL, FIRM, CORPORATION, ASSOCIATION,
    14  PARTNERSHIP, CONSORTIUM, JOINT VENTURE, COMMERCIAL ENTITY,
    15  AUTHORITY, NONPROFIT CORPORATION, INTERSTATE BODY OR OTHER LEGAL
    16  ENTITY WHICH IS RECOGNIZED BY LAW AS THE SUBJECT OF RIGHTS AND
    17  DUTIES. THE TERM INCLUDES THE FEDERAL GOVERNMENT, STATE
    18  GOVERNMENT, POLITICAL SUBDIVISIONS AND COMMONWEALTH
    19  INSTRUMENTALITIES.
    20     "REGULATED SUBSTANCES."  HAZARDOUS SUBSTANCES REGULATED UNDER
    21  THE ACT OF OCTOBER 18, 1988 (P.L.756, NO.108), KNOWN AS THE
    22  HAZARDOUS SITES CLEANUP ACT, REGULATED SUBSTANCES UNDER THE ACT
    23  OF JULY 6, 1989 (P.L.169, NO.32), KNOWN AS THE STORAGE TANK AND
    24  SPILL PREVENTION ACT, AND SUBSTANCES COVERED BY THE ACT OF JUNE
    25  22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS LAW, THE
    26  STORAGE TANK AND SPILL PREVENTION ACT, THE ACT OF JANUARY 8,
    27  1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL
    28  ACT, THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE
    29  SOLID WASTE MANAGEMENT ACT, AND THE ACT OF JULY 13, 1988
    30  (P.L.525, NO.93), REFERRED TO AS THE INFECTIOUS AND
    19930S0972B2480                 - 54 -

     1  CHEMOTHERAPEUTIC WASTE LAW.
     2     "RELEASE."  SPILLING, LEAKING, PUMPING, POURING, EMITTING,
     3  EMPTYING, DISCHARGING, INJECTING, ESCAPING, LEACHING, DUMPING,
     4  PLACING OR DISPOSAL OF ANY REGULATED SUBSTANCES INTO THE
     5  ENVIRONMENT. THE TERM INCLUDES THE ABANDONMENT OR DISCARDING OF
     6  BARRELS, CONTAINERS, VESSELS OR OTHER RECEPTACLES CONTAINING OR
     7  WHICH PREVIOUSLY CONTAINED A REGULATED SUBSTANCE; THE MIGRATION
     8  OF LANDFILL GAS FROM A WASTE MANAGEMENT AREA IN A MANNER OR
     9  DIRECTION CAUSING A POTENTIAL HAZARD TO HUMAN HEALTH AND SAFETY
    10  OR THE ENVIRONMENT; AND THE MIGRATION OF REGULATED SUBSTANCE
    11  FROM SOIL TO GROUNDWATER AND SURFACE WATER.
    12     "REMOVAL."  TRANSPORTING OF REGULATED SUBSTANCES OFFSITE FOR
    13  THE PURPOSES OF TREATMENT OR DISPOSAL.
    14     "RESPONSE ACTION."  AN ACTION TAKEN TO CLEAN UP, MITIGATE,
    15  REMEDIATE, CORRECT, CONTAIN, CONTROL, ABATE, MINIMIZE, ELIMINATE
    16  OR PREVENT A RELEASE OR THREAT OF A RELEASE OR EXPOSURE TO A
    17  REGULATED SUBSTANCE INTO THE ENVIRONMENT IN ORDER TO PROTECT THE
    18  PRESENT OR FUTURE PUBLIC HEALTH, SAFETY AND WELFARE AND THE
    19  ENVIRONMENT.
    20     "RESPONSIBLE PERSON."  THIS TERM SHALL HAVE THE SAME MEANING
    21  AS GIVEN TO IT IN THE ACT OF OCTOBER 18, 1988 (P.L.756, NO.108),
    22  KNOWN AS THE HAZARDOUS SITES CLEANUP ACT, AND SHALL INCLUDE
    23  PERSONS SUBJECT TO ENFORCEMENT ACTIONS FOR SUBSTANCES COVERED BY
    24  THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN
    25  STREAMS LAW, THE ACT OF JULY 6, 1989 (P.L.169, NO.32), KNOWN AS
    26  THE STORAGE TANK AND SPILL PREVENTION ACT, THE ACT OF JANUARY 8,
    27  1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL
    28  ACT, THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE
    29  SOLID WASTE MANAGEMENT ACT, AND THE ACT OF JULY 13, 1988
    30  (P.L.525, NO.93), REFERRED TO AS THE INFECTIOUS AND
    19930S0972B2480                 - 55 -

     1  CHEMOTHERAPEUTIC WASTE LAW.
     2     "SECRETARY."  THE SECRETARY OF ENVIRONMENTAL RESOURCES OF THE
     3  COMMONWEALTH.
     4     "SEDIMENT."  SOLID MATERIAL WHICH IS ASSOCIATED WITH A
     5  DRAINAGE AREA, SWALE, CHANNEL OR STREAM OR OTHER AQUATIC REGIME
     6  AND IS OR HAS BEEN TRANSPORTED BY, SUSPENDED IN, OR DEPOSITED BY
     7  WATER AND WHICH FORMS OR FORMED ON THE EARTH'S SURFACE IN A
     8  LOOSE, UNCONSOLIDATED FORM SUCH AS SAND, GRAVEL, SILT AND MUD.
     9     "SITE."  THE AREA OF THE RELEASE OF THE REGULATED SUBSTANCE
    10  AND ALL LOCATIONS IN CLOSE PROXIMITY NECESSARY FOR THE
    11  IMPLEMENTATION OF VOLUNTARY RESPONSE ACTIONS.
    12     "SOIL."  SOLID FRAGMENTAL MATERIAL, OR A MASS OF SUCH
    13  MATERIAL, EITHER INORGANIC OR ORGANIC, THAT ORIGINATES FROM
    14  WEATHERING OF ROCKS AND ORGANIC MATERIALS AND IS LOCATED OVER
    15  BEDROCK.
    16     "THRESHOLD EFFECT."  AN ADVERSE IMPACT THAT OCCURS IN THE
    17  EXPOSED INDIVIDUAL ONLY AFTER THE INDIVIDUAL'S PROTECTIVE
    18  MECHANISMS ARE OVERCOME. THE TERM INCLUDES MOST SYSTEMIC EFFECTS
    19  AND DEVELOPMENTAL TOXICITY, INCLUDING BIRTH DEFECTS.
    20     "TREATMENT."  AN IN SITU OR EXTRACTIVE METHOD, TECHNIQUE OR
    21  PROCESS, WHICH IS DESIGNED TO CHANGE THE PHYSICAL, CHEMICAL OR
    22  BIOLOGICAL CHARACTER OR COMPOSITION OF A REGULATED SUBSTANCE AND
    23  WHICH RESULTS IN THE REDUCTION IN CONCENTRATION, TOXICITY,
    24  MOBILITY OR VOLUME OF REGULATED SUBSTANCES IN SOIL, GROUNDWATER
    25  OR SEDIMENT.
    26     "TREATMENT OR REMOVAL."  TREATMENT OR REMOVAL OR BOTH.
    27     "VOLUNTARY RESPONSE ACTION."  A RESPONSE ACTION WHICH IS
    28  COMMENCED PRIOR TO INITIATION OF AN ENFORCEMENT ACTION BY THE
    29  DEPARTMENT OF ENVIRONMENTAL RESOURCES OR WHICH IS AGREED TO IN A
    30  LEGALLY BINDING DOCUMENT EXECUTED NO LATER THAN 120 DAYS AFTER
    19930S0972B2480                 - 56 -

     1  THE INITIATION OF AN ENFORCEMENT ACTION BY THE DEPARTMENT. FOR
     2  PURPOSES OF THIS DEFINITION, A RESPONSE ACTION SHALL BE
     3  CONSIDERED COMMENCED IF SUBSTANTIAL AND LEGALLY BINDING
     4  COMMITMENTS FOR THE CONDUCT OF A RESPONSE ACTION SATISFYING THE
     5  REQUIREMENTS OF THIS ACT HAVE BEEN MADE. FOR PURPOSES OF THIS
     6  DEFINITION, INITIATION OF AN ENFORCEMENT ACTION SHALL MEAN THE
     7  ISSUANCE OF AN ADMINISTRATIVE ORDER OR THE INITIATION OF ANY
     8  PROCEEDING IN A COURT OF RECORD BY THE DEPARTMENT OF
     9  ENVIRONMENTAL RESOURCES OR SITE CHARACTERIZATION OR RESPONSE
    10  ACTION OR THE ISSUANCE OF PRELISTING NOTIFICATIONS PURSUANT TO
    11  SECTION 502 OF THE ACT OF OCTOBER 18, 1988 (P.L.756, NO.108),
    12  KNOWN AS THE HAZARDOUS SITES CLEANUP ACT.
    13  SECTION 104.  SCOPE.
    14     THE REQUIREMENTS FOR REGULATED SUBSTANCES ESTABLISHED
    15  PURSUANT TO THIS ACT SHALL BE APPLICABLE WHENEVER A VOLUNTARY
    16  RESPONSE ACTION IS CONDUCTED UNDER THE ACT OF OCTOBER 18, 1988
    17  (P.L.756, NO.108), KNOWN AS THE HAZARDOUS SITES CLEANUP ACT, THE
    18  ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN
    19  STREAMS LAW, THE ACT OF JULY 6, 1989 (P.L.169, NO.32), KNOWN AS
    20  THE STORAGE TANK AND SPILL PREVENTION ACT, THE ACT OF JANUARY 8,
    21  1960 (1959 P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL
    22  ACT, THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE
    23  SOLID WASTE MANAGEMENT ACT, AND THE ACT OF JULY 13, 1988
    24  (P.L.525, NO.93), REFERRED TO AS THE INFECTIOUS AND
    25  CHEMOTHERAPEUTIC WASTE LAW.
    26                             CHAPTER 3
    27                    DEPARTMENT POWERS AND DUTIES
    28  SECTION 301.  POWERS AND DUTIES OF DEPARTMENT.
    29     THE DEPARTMENT SHALL HAVE THE POWER AND ITS DUTIES SHALL BE
    30  TO:
    19930S0972B2480                 - 57 -

     1         (1)  APPOINT OR UTILIZE SUCH ADVISORY COMMITTEES AS THE
     2     SECRETARY DEEMS NECESSARY AND PROPER TO ASSIST THE DEPARTMENT
     3     IN CARRYING OUT THIS ACT. THE SECRETARY IS AUTHORIZED TO PAY
     4     REASONABLE AND NECESSARY EXPENSES INCURRED BY THE MEMBERS OF
     5     THE ADVISORY COMMITTEES IN CARRYING OUT THEIR FUNCTIONS.
     6         (2)  COOPERATE WITH APPROPRIATE FEDERAL, STATE,
     7     INTERSTATE AND LOCAL GOVERNMENT AGENCIES IN CARRYING OUT ITS
     8     DUTIES UNDER THIS ACT.
     9         (3)  INITIATE, CONDUCT AND SUPPORT RESEARCH,
    10     DEMONSTRATION PROJECTS AND INVESTIGATIONS AND COORDINATE ALL
    11     STATE AGENCY RESEARCH PROGRAMS PERTAINING TO TECHNOLOGIES
    12     THAT CAN BE USED IN THE CLEANUP OF REGULATED SUBSTANCE
    13     RELEASES.
    14         (4)  WAIVE STATE PERMITTING AND OR OTHER APPLICABLE
    15     REQUIREMENTS.
    16         (5)  DO ANY AND ALL OTHER ACTS AND THINGS NOT
    17     INCONSISTENT WITH ANY PROVISION OF THIS ACT WHICH IT MAY DEEM
    18     NECESSARY OR PROPER FOR THE EFFECTIVE IMPLEMENTATION OF THIS
    19     ACT.
    20  SECTION 302.  POWERS AND DUTIES OF BOARD.
    21     THE BOARD HAS THE POWER AND DUTY TO PROMULGATE REGULATIONS OF
    22  THE DEPARTMENT TO ACCOMPLISH THE PURPOSES AND TO CARRY OUT THE
    23  PROVISIONS OF THIS ACT, INCLUDING, BUT NOT LIMITED TO,
    24  REGULATIONS RELATING TO GENERIC SOIL CLEANUP STANDARDS,
    25  CRITERIA, METHODOLOGIES AND FACTORS FOR THE CALCULATION OF SOIL,
    26  GROUNDWATER OR SEDIMENT CLEANUP STANDARDS FOR A SPECIFIC
    27  VOLUNTARY RESPONSE ACTION, THE DESIGNATION OF LIMITED ACCESS
    28  USES, THE USE OF AN ALTERNATE METHODOLOGY FOR DETERMINING
    29  EQUIVALENT PROTECTIVE LEVELS FOR REGULATED SUBSTANCES HAVING
    30  THRESHOLD EFFECTS OR OTHER APPROPRIATE REQUIREMENTS FOR
    19930S0972B2480                 - 58 -

     1  VOLUNTARY RESPONSE ACTIONS.
     2                             CHAPTER 5
     3              ELIGIBILITY FOR SPECIAL RESPONSE ACTION
     4                            REQUIREMENTS
     5  SECTION 501.  GENERAL PROVISIONS.
     6     VOLUNTARY RESPONSE ACTIONS ARE ELIGIBLE FOR THE SPECIAL
     7  RESPONSE ACTION REQUIREMENTS OF CHAPTER 7 ONLY IF BOTH OF THE
     8  FOLLOWING REQUIREMENTS ARE MET:
     9         (1)  THE SITE EITHER:
    10             (I)  IS, IN WHOLE OR IN PART, ON A PROPERTY WHICH HAD
    11         INDUSTRIAL ACTIVITIES CONDUCTED ON IT PRIOR TO JANUARY 1,
    12         1986;
    13             (II)  IS IN AN AREA OF PERVASIVE GROUNDWATER
    14         CONTAMINATION; OR
    15             (III)  CONTAINS HISTORIC GROUNDWATER OR SOIL
    16         CONTAMINATION.
    17         (2)  FOLLOWING COMPLETION OF THE VOLUNTARY RESPONSE
    18     ACTION, THIS SITE IS UTILIZED FOR A LIMITED ACCESS USE.
    19  SECTION 502.  DISPUTES REGARDING ELIGIBILITY.
    20     IN ANY DISPUTE REGARDING ELIGIBILITY FOR SPECIAL RESPONSE
    21  ACTION REQUIREMENTS, THE PERSON CONDUCTING OR PROPOSING TO
    22  CONDUCT A VOLUNTARY RESPONSE ACTION SHALL HAVE THE BURDEN OF
    23  DEMONSTRATING THAT THE REQUIREMENTS OF THIS CHAPTER HAVE BEEN
    24  MET.
    25                             CHAPTER 7
    26                 SPECIAL VOLUNTARY RESPONSE ACTION
    27                            REQUIREMENTS
    28  SECTION 701.  VOLUNTARY RESPONSE ACTION REQUIREMENTS.
    29     (A)  GENERAL RULE.--VOLUNTARY RESPONSE ACTIONS SHALL:
    30         (1)  COMPLY WITH THE REQUIREMENTS FOR SOILS CONTAMINATED
    19930S0972B2480                 - 59 -

     1     WITH REGULATED SUBSTANCES AS DESCRIBED IN SECTION 702.
     2         (2)  COMPLY WITH THE REQUIREMENTS FOR GROUNDWATER
     3     CONTAMINATED WITH REGULATED SUBSTANCES AS DESCRIBED IN
     4     SECTION 703.
     5         (3)  COMPLY WITH THE REQUIREMENTS FOR SEDIMENT
     6     CONTAMINATED WITH REGULATED SUBSTANCES AS DESCRIBED IN
     7     SECTION 704.
     8         (4)  COMPLY WITH THE REQUIREMENTS OF SECTION 705 TO
     9     PROTECT ECOSYSTEMS.
    10         (5)  COMPLY WITH ALL APPLICABLE STANDARDS, REQUIREMENTS,
    11     CRITERIA OR LIMITATIONS UNLESS WAIVED BY THE DEPARTMENT
    12     PURSUANT TO SECTIONS 706 AND 707.
    13     (B)  EMERGENCY MEASURES.--NOTHING IN THIS ACT SHALL PREVENT
    14  THE USE OF EMERGENCY MEASURES IN A TIMELY MANNER TO ABATE
    15  IMMINENT AND SUBSTANTIAL THREATS TO HUMAN HEALTH AND SAFETY AND
    16  THE ENVIRONMENT, NOR AFFECT EXISTING OBLIGATIONS UNDER OTHER
    17  LAWS OR REGULATIONS RELATING TO SUCH IMMINENT AND SUBSTANTIAL
    18  THREATS. TO THE EXTENT PRACTICABLE, SUCH MEASURES SHOULD BE
    19  SELECTED TO ATTAIN THE REQUIREMENTS ESTABLISHED IN SUBSECTION
    20  (A).
    21  SECTION 702.  REQUIREMENTS FOR SOILS.
    22     (A)  GENERAL RULE.--VOLUNTARY RESPONSE ACTIONS FOR REGULATED
    23  SUBSTANCES IN SOIL SHALL:
    24         (1)  ENSURE THAT THE HAZARD INDEX DOES NOT EXCEED A VALUE
    25     OF 1.0 FOR REGULATED SUBSTANCES THAT AFFECT THE SAME TARGET
    26     ORGAN OR ACT BY THE SAME METHOD OF TOXICITY, OR AN EQUIVALENT
    27     PROTECTIVE LEVEL WHICH IS ESTABLISHED BY AN ALTERNATE
    28     METHODOLOGY FOR EVALUATING ADVERSE IMPACTS CAUSED BY
    29     REGULATED SUBSTANCES THAT HAVE THRESHOLD EFFECTS AND WHICH IS
    30     ESTABLISHED BY THE BOARD PURSUANT TO SECTION 302.
    19930S0972B2480                 - 60 -

     1         (2)  ENSURE THAT CUMULATIVE CARCINOGENIC RISK DOES NOT
     2     EXCEED A ONE IN ONE MILLION EXCESS CANCER RISK.
     3         (3)  PREVENT ADVERSE IMPACTS TO HUMANS CAUSED BY
     4     REGULATED SUBSTANCES WHICH HAVE NONTHRESHOLD EFFECTS.
     5         (4)  PROTECT GROUNDWATER ON THE PROPERTY SO THAT THE
     6     REQUIREMENTS OF SECTION 703 CAN BE MET AND MAINTAINED.
     7         (5)  PREVENT PUBLIC NUISANCES.
     8     (B)  BASIS FOR CLEANUP STANDARDS.--CLEANUP STANDARDS WHICH
     9  SATISFY THE REQUIREMENTS OF SUBSECTION (A) SHALL BE BASED UPON
    10  LIMITED ACCESS USE EXPOSURE ASSUMPTIONS PROMULGATED PURSUANT TO
    11  SECTION 1101.
    12     (C)  RESPONSE ACTION REQUIREMENTS.--RESPONSE ACTIONS SHALL
    13  MEET THE REQUIREMENTS OF SUBSECTION (A) THROUGH TREATMENT,
    14  REMOVAL OR ENGINEERED CONTROLS, OR ANY COMBINATION THEREOF.
    15     (D)  ALTERNATIVE REQUIREMENTS.--NOTWITHSTANDING THE
    16  PROVISIONS OF SUBSECTION (C), VOLUNTARY RESPONSE ACTIONS MAY
    17  ALTERNATIVELY MEET THE REQUIREMENTS OF SUBSECTION (A)(2) BY
    18  TREATMENT OR REMOVAL WHICH ENSURES THAT CUMULATIVE CARCINOGENIC
    19  RISK DOES NOT EXCEED ONE IN TEN THOUSAND AND WHICH IS THEN
    20  SUPPLEMENTED BY INSTITUTIONAL OR ENGINEERED CONTROLS.
    21  SECTION 703.  REQUIREMENTS FOR GROUNDWATER.
    22     (A)  GENERAL RULE.--VOLUNTARY RESPONSE ACTIONS FOR REGULATED
    23  SUBSTANCES IN GROUNDWATER SHALL:
    24         (1)  ENSURE THAT CONCENTRATIONS OF REGULATED SUBSTANCES
    25     IN GROUNDWATER AT THE PROPERTY BOUNDARY ARE NO GREATER THAN
    26     THE REPRESENTATIVE CONCENTRATION OF REGULATED SUBSTANCES IN
    27     GROUNDWATER IMMEDIATELY UPGRADIENT OF THE PROPERTY.
    28         (2)  PREVENT DEGRADATION TO EITHER GROUNDWATER OR SURFACE
    29     WATER USED FOR DRINKING WATER SUPPLIES OR DEGRADATION OF
    30     WATERS DESIGNATED FOR SPECIAL PROTECTION UNDER THE ACT OF
    19930S0972B2480                 - 61 -

     1     JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS THE CLEAN STREAMS
     2     LAW.
     3         (3)  PREVENT PUBLIC NUISANCES.
     4     (B)  RESPONSE ACTION REQUIREMENTS.--RESPONSE ACTIONS SHALL
     5  MEET THE REQUIREMENTS OF SUBSECTION (A) THROUGH TREATMENT,
     6  REMOVAL OR ENGINEERED CONTROLS, OR ANY COMBINATION THEREOF.
     7     (C)  DETERMINATION OF PROPERTY BOUNDARY.--FOR PURPOSES OF
     8  SUBSECTION (A), THE PROPERTY BOUNDARY SHALL BE DEFINED AS THE
     9  BOUNDARY AS IT EXISTED ON THE EFFECTIVE DATE OF THIS ACT.
    10  SECTION 704.  REQUIREMENTS FOR SEDIMENT.
    11     (A)  GENERAL RULE.--VOLUNTARY RESPONSE ACTIONS FOR REGULATED
    12  SUBSTANCES IN SEDIMENT SHALL:
    13         (1)  ENSURE THAT THE HAZARD INDEX DOES NOT EXCEED A VALUE
    14     OF 1.0 FOR REGULATED SUBSTANCES THAT AFFECT THE SAME TARGET
    15     ORGAN OR THAT ACT BY THE SAME METHOD OF TOXICITY, OR AN
    16     EQUIVALENT PROTECTIVE LEVEL WHICH IS ESTABLISHED BY AN
    17     ALTERNATE METHODOLOGY FOR EVALUATING ADVERSE IMPACTS CAUSED
    18     BY REGULATED SUBSTANCES THAT HAVE THRESHOLD EFFECTS AND WHICH
    19     IS ESTABLISHED BY THE BOARD PURSUANT TO SECTION 302.
    20         (2)  ENSURE THAT CUMULATIVE CARCINOGENIC RISK DOES NOT
    21     EXCEED A ONE IN ONE MILLION EXCESS CANCER RISK.
    22         (3)  PREVENT ADVERSE IMPACTS TO HUMANS CAUSED BY
    23     REGULATED SUBSTANCES WHICH HAVE NONTHRESHOLD EFFECTS.
    24         (4)  PREVENT NEW OR CONTINUING DEGRADATION OF SURFACE
    25     WATER OR GROUNDWATER.
    26     (B)  PROTECTION OF FOOD CHAIN.--VOLUNTARY RESPONSE ACTIONS
    27  FOR REGULATED SUBSTANCES IN SEDIMENT THAT BIOACCUMULATE OR
    28  BIOMAGNIFY SHALL PREVENT THE SUBSTANCES FROM ENTERING THE FOOD
    29  CHAIN.
    30     (C)  RESPONSE ACTION REQUIREMENTS.--RESPONSE ACTIONS SHALL
    19930S0972B2480                 - 62 -

     1  MEET THE REQUIREMENTS OF SUBSECTION (A) AND (B) THROUGH
     2  TREATMENT, REMOVAL OR ENGINEERED CONTROLS, OR ANY COMBINATION
     3  THEREOF.
     4  SECTION 705.  PROTECTION OF ECOSYSTEMS.
     5     VOLUNTARY RESPONSE ACTIONS SHALL ENSURE THAT REGULATED
     6  SUBSTANCES IN SOIL, GROUNDWATER AND SEDIMENT DO NOT CAUSE
     7  ADVERSE IMPACT TO ECOSYSTEMS. PARTICULAR CONSIDERATION SHALL BE
     8  GIVEN TO ECOSYSTEMS WHICH INCLUDE:
     9         (1)  RARE, THREATENED OR ENDANGERED SPECIES AND THEIR
    10     HABITATS AS DEFINED BY THE UNITED STATE DEPARTMENT OF THE
    11     INTERIOR, FISH AND WILDLIFE SERVICE AND BY THE COMMONWEALTH
    12     OF PENNSYLVANIA.
    13         (2)  SPECIES OF SPECIAL CONCERN AS IDENTIFIED BY THE
    14     PENNSYLVANIA GAME COMMISSION, THE PENNSYLVANIA FISH AND BOAT
    15     COMMISSION OR THE DEPARTMENT.
    16         (3)  IMPORTANT HABITATS OF ECOLOGICAL RECEPTORS.
    17         (4)  REGULATED SUBSTANCES THAT BIOACCUMULATE OR
    18     BIOMAGNIFY THROUGH THE FOOD CHAIN.
    19  SECTION 706.  PERMITS.
    20     (A)  GENERAL RULE.--NO PERSON SHALL INITIATE AN ACTIVITY
    21  REQUIRING A PERMIT UNDER OTHER ENVIRONMENTAL STATUTES AND
    22  REGULATIONS IMPLEMENTED BY THE DEPARTMENT WITHOUT HAVING
    23  OBTAINED SUCH PERMIT UNLESS OTHERWISE APPROVED BY THE DEPARTMENT
    24  PURSUANT TO THIS SECTION.
    25     (B)  REQUEST TO INITIATE ACTION WITHOUT PERMIT.--THE
    26  DEPARTMENT MAY, UPON REQUEST, GRANT WRITTEN APPROVAL TO INITIATE
    27  WITHOUT A STATE PERMIT PURSUANT TO SUBSECTION (A) FOR TREATMENT,
    28  PROCESSING, STORAGE, DISCHARGE OR DISPOSAL OF REGULATED
    29  SUBSTANCES AT OR ON THE SITE.
    30     (C)  COMPONENTS OF REQUEST.--REQUESTS FOR APPROVAL SHALL
    19930S0972B2480                 - 63 -

     1  INCLUDE THE SITE CHARACTERIZATION REPORT, THE PROPOSED RESPONSE
     2  ACTION PLAN, A LIST OF THOSE ACTIONS FOR WHICH APPROVAL TO
     3  PROCEED IS BEING SOUGHT AND A DEMONSTRATION THAT THE PROPOSED
     4  ACTIONS COMPLY WITH APPLICABLE SUBSTANTIVE PROTECTIVE MEASURES.
     5  THE REQUEST SHALL BE PUBLICLY NOTICED PURSUANT TO SECTIONS 903
     6  AND 904.
     7     (D)  APPROVAL BY DEPARTMENT.--THE DEPARTMENT SHALL APPROVE
     8  THE REQUEST UNLESS IT DETERMINES THAT THE ACTIVITY AS DEFINED IN
     9  THE PROPOSED RESPONSE ACTION PLAN WILL FAIL TO COMPLY WITH THE
    10  SUBSTANTIVE PROTECTIVE MEASURES DEFINED BY APPLICABLE LAWS. THE
    11  DEPARTMENT MAY CONDITION APPROVALS TO PROCEED WITHOUT A PERMIT
    12  OR LIMIT THE TERM OF THE APPROVAL TO THAT TIME NECESSARY TO
    13  SECURE A PERMIT.
    14     (E)  OTHER LAWS UNAFFECTED.--THE GRANTING OF APPROVAL SHALL
    15  NOT WAIVE, ALTER OR MODIFY THE OBLIGATION TO COMPLY WITH
    16  SUBSTANTIVE MEASURES REQUIRED BY APPLICABLE LAWS.
    17  SECTION 707.  APPLICABLE REQUIREMENTS OF OTHER STATUTES.
    18     (A)  GENERAL RULE.--NO PERSON SHALL IMPLEMENT A VOLUNTARY
    19  RESPONSE ACTION WHICH DOES NOT COMPLY WITH THE REQUIREMENTS
    20  ESTABLISHED UNDER OTHER ENVIRONMENTAL STATUTES AND REGULATIONS
    21  UNLESS THE DEPARTMENT HAS APPROVED A WAIVER OF SUCH REQUIREMENTS
    22  PURSUANT TO THIS SECTION. THE DEPARTMENT MAY NOT WAIVE THE
    23  REQUIREMENTS OF SECTIONS 702, 703, 704 AND 705. THE DEPARTMENT
    24  MAY WAIVE OR MODIFY IN WRITING OTHERWISE APPLICABLE REQUIREMENTS
    25  WHERE A PERSON REQUESTING A WAIVER OR MODIFICATION DEMONSTRATES
    26  THAT ANY OF THE FOLLOWING APPLY:
    27         (1)  COMPLIANCE WITH A REQUIREMENT AT A SITE WILL RESULT
    28     IN GREATER RISK TO HUMAN HEALTH, SAFETY AND WELFARE AND THE
    29     ENVIRONMENT THAN ALTERNATIVE OPTIONS;
    30         (2)  COMPLIANCE WITH A REQUIREMENT AT A SITE WILL
    19930S0972B2480                 - 64 -

     1     SUBSTANTIALLY INTERFERE WITH NATURAL OR ARTIFICIAL STRUCTURES
     2     OR FEATURES; OR
     3         (3)  THE PROPOSED RESPONSE ACTION WILL ATTAIN A STANDARD
     4     OF PERFORMANCE THAT IS EQUIVALENT TO THAT REQUIRED UNDER THE
     5     OTHERWISE APPLICABLE REQUIREMENT THROUGH THE USE OF AN
     6     ALTERNATIVE METHOD OR APPROACH.
     7     (B)  PUBLIC NOTICE OF WAIVER REQUEST.--THE DEPARTMENT MAY AT
     8  ITS DISCRETION REQUIRE PUBLIC NOTICE OF A REQUEST FOR WAIVER
     9  PURSUANT TO THIS SECTION. ANY SUCH PUBLIC NOTICE SHALL BE
    10  PROVIDED IN ACCORDANCE WITH SECTIONS 903 AND 904.
    11  SECTION 708.  APPEALS.
    12     AN APPROVAL OF A REQUEST MADE PURSUANT TO SECTIONS 706 AND
    13  707 IS APPEALABLE TO THE ENVIRONMENTAL HEARING BOARD BY AN
    14  AGGRIEVED PERSON.
    15                             CHAPTER 9
    16                        PUBLIC PARTICIPATION
    17  SECTION 901.  LOCAL AGENCY APPROVAL.
    18     (A)  DETERMINATION BY LOCAL AGENCY.--NO VOLUNTARY RESPONSE
    19  ACTION UNDER THIS ACT SHALL SATISFY THE REQUIREMENTS OF SECTIONS
    20  702, 703, 704 OR 705 UNLESS THE LOCAL AGENCY DETERMINES THAT A
    21  PROPOSED LIMITED ACCESS USE IS APPROPRIATE IN LIGHT OF
    22  HISTORICAL, CURRENT AND REASONABLY EXPECTED FUTURE LAND USE OF
    23  THE PROPERTY AND LAND USE PLANS AND ZONING ORDINANCES, WHERE
    24  EXISTING.
    25     (B)  PRESUMPTION CREATED.--A PROPOSED LIMITED ACCESS USE
    26  WHICH IS CONSISTENT WITH EXISTING ZONING WILL CREATE A
    27  PRESUMPTION IN THE LOCAL AGENCY PROCEEDINGS THAT THE PROPOSED
    28  LIMITED ACCESS USE IS APPROPRIATE IN LIGHT OF HISTORICAL,
    29  CURRENT AND REASONABLY EXPECTED FUTURE LAND USE OF THE PROPERTY
    30  AND LAND USE PLANS. THE LOCAL AGENCY MAY DETERMINED THAT THE
    19930S0972B2480                 - 65 -

     1  PROPOSED LIMITED ACCESS USE IS INAPPROPRIATE ONLY WHERE THIS
     2  PRESUMPTION IS REBUTTED BY SPECIFIC INFORMATION THAT REASONABLY
     3  EXPECTED FUTURE LAND USES WOULD BE IMPEDED BY A PROPOSED LIMITED
     4  ACCESS USE AND THE SPECIAL RESPONSE ACTION REQUIREMENTS OF THIS
     5  ACT.
     6     (C)  PROCEDURE.--PURSUANT TO THE REQUIREMENTS OF 2 PA.C.S.
     7  CH. 5 SUBCH. B (RELATING TO PRACTICE AND PROCEDURE OF LOCAL
     8  AGENCIES), THE LOCAL AGENCY SHALL RENDER A FINAL DETERMINATION
     9  UNDER SUBSECTION (A) NO LATER THAN 90 DAYS AFTER RECEIVING FROM
    10  ANY PERSON A WRITTEN REQUEST FOR DETERMINATION, WHICH REQUEST
    11  SHALL BE ACCOMPANIED BY SUPPORTING ANALYSIS AND INFORMATION.
    12     (D)  FAILURE OF AGENCY TO ACT TIMELY.--IN THE EVENT THAT A
    13  LOCAL AGENCY FAILS TO RENDER A DECISION UPON A REQUEST FOR
    14  DETERMINATION WITHIN 90 DAYS OF RECEIPT, THE PROPOSED LIMITED
    15  ACCESS USE SHALL BE DEEMED APPROPRIATE IN LIGHT OF HISTORICAL,
    16  CURRENT AND REASONABLY EXPECTED FUTURE LAND USE OF THE PROPERTY
    17  AND LAND USE PLANS AND ZONING ORDINANCES, WHERE EXISTING.
    18     (E)  PUBLIC NOTICE REQUIRED.--PERSONS REQUESTING
    19  DETERMINATIONS UNDER THIS CHAPTER SHALL PROVIDE PUBLIC NOTICE
    20  PURSUANT TO SECTION 903(B).
    21     (F)  REVIEW OF LOCAL AGENCY DETERMINATION.--JUDICIAL REVIEW
    22  OF A LOCAL AGENCY DETERMINATION SHALL BE SOUGHT IN ACCORDANCE
    23  WITH 2 PA.C.S. CH. 7 SUBCH. B. (RELATING TO JUDICIAL REVIEW OF
    24  LOCAL AGENCY ACTION). ANY APPEAL SHALL BE TAKEN WITHIN 30 DAYS
    25  AFTER RECEIPT OF NOTICE OF THE DETERMINATION OR NOTICE THAT A
    26  DEEMED DECISION HAS BEEN MADE UNDER SUBSECTION (D).
    27  SECTION 902.  REVIEW AND COMMENT.
    28     (A)  GENERAL RULE.--NO VOLUNTARY RESPONSE ACTION SHALL BE
    29  ELIGIBLE TO MEET THE REQUIREMENTS OF THIS ACT UNLESS:
    30         (1)  PERSONS PROPOSING TO CONDUCT A VOLUNTARY RESPONSE
    19930S0972B2480                 - 66 -

     1     ACTION PROVIDE PUBLIC NOTICE OF AVAILABILITY OF THE SITE
     2     CHARACTERIZATION REPORT AND PROPOSED RESPONSE ACTION PLAN AT
     3     LEAST 60 DAYS PRIOR TO COMMENCEMENT OF THE VOLUNTARY RESPONSE
     4     ACTION.
     5         (2)  THE PUBLIC NOTICE INCLUDES A STATEMENT THAT PERSONS
     6     MAY SUBMIT COMMENTS ON THE SITE CHARACTERIZATION REPORT AND
     7     PROPOSED RESPONSE ACTION PLAN FOR A PERIOD OF 30 DAYS
     8     FOLLOWING THE DATE OF NOTICE AND PROVIDES AN ADDRESS TO WHICH
     9     COMMENTS SHOULD BE SENT.
    10         (3)  COPIES OF THE SITE CHARACTERIZATION REPORT AND
    11     PROPOSED RESPONSE ACTION PLAN ARE AVAILABLE AT LOCAL PUBLIC
    12     LOCATIONS SUCH AS LIBRARIES OR MUNICIPAL OFFICES AND TO THE
    13     DEPARTMENT PRIOR TO THE PUBLIC NOTICE.
    14     (B)  EMERGENCY MEASURES.--THE REVIEW AND COMMENT PROCEDURES
    15  OF SUBSECTION (A) SHALL NOT APPLY TO THE USE OF EMERGENCY
    16  MEASURES IN A TIMELY MANNER TO ABATE IMMINENT AND SUBSTANTIAL
    17  THREATS TO HUMAN HEALTH AND THE ENVIRONMENT.
    18  SECTION 903.  PUBLIC NOTICE.
    19     (A)  DOCUMENTATION.--WITHIN TEN DAYS OF SUBMISSION OF A
    20  REQUEST UNDER SECTION 706 OR A REQUEST BY THE DEPARTMENT UNDER
    21  SECTION 707(B), PERSONS SHALL DOCUMENT THAT THE REQUIRED PUBLIC
    22  NOTICE HAS BEEN PROVIDED.
    23     (B)  SUMMARY OF INFORMATION.--THE NOTICE SHALL INCLUDE A
    24  SUMMARY OF THE INFORMATION CONTAINED IN THE REQUEST TO THE
    25  DEPARTMENT.
    26  SECTION 904.  PUBLICATION IN NEWSPAPERS.
    27     PUBLIC NOTICE UNDER SECTIONS 706, 707(B), 902 AND 903 SHALL
    28  BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE
    29  GEOGRAPHICAL AREA OF THE RESPONSE ACTION.
    30                             CHAPTER 11
    19930S0972B2480                 - 67 -

     1                   IMPLEMENTATION AND TRANSITION
     2  SECTION 1101.  DEVELOPMENT OF GENERIC CLEANUP STANDARDS.
     3     WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE BOARD
     4  WILL PUBLISH A NOTICE OF PROPOSED RULEMAKING IN THE PENNSYLVANIA
     5  BULLETIN CONTAINING GENERIC CLEANUP STANDARDS WHICH MEET THE
     6  REQUIREMENTS OF SECTION 702(A) AND (B) FOR THOSE INDUSTRIAL
     7  ACTIVITIES WHICH PREVENT ACCESS BY THE PUBLIC TO AREAS WHERE
     8  REGULATED SUBSTANCES MAY BE PRESENT IN THE SOIL AND FOR WHICH
     9  CLEANUP STANDARDS CAN BE DEVELOPED BASED UPON SOLELY
    10  OCCUPATIONAL EXPOSURE ASSUMPTIONS CONSISTENT WITH SUCH USE.
    11  SECTION 1102.  DEVELOPMENT OF METHODOLOGY FOR SPECIFIC RESPONSE
    12                 ACTIONS.
    13     WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE BOARD
    14  WILL PUBLISH A NOTICE OF PROPOSED RULEMAKING IN THE PENNSYLVANIA
    15  BULLETIN CONTAINING:
    16         (1)  CRITERIA, METHODOLOGIES AND FACTORS FOR DEVELOPING
    17     CLEANUP STANDARDS FOR REGULATED SUBSTANCES IN SOIL FOR WHICH
    18     NO GENERIC CLEANUP STANDARDS HAVE BEEN DEVELOPED PURSUANT TO
    19     THIS CHAPTER WHICH MEET THE REQUIREMENTS OF SECTION 702(A)
    20     AND (B).
    21         (2)  CRITERIA, METHODOLOGIES AND FACTORS FOR DEVELOPING
    22     CLEANUP STANDARDS FOR REGULATED SUBSTANCES IN GROUNDWATER FOR
    23     A SPECIFIC RESPONSE ACTION AT A LIMITED ACCESS USE PROPERTY
    24     WHICH MEET THE REQUIREMENTS OF SECTION 703.
    25  SECTION 1103.  DESIGNATIONS OF CERTAIN LIMITED ACCESS USES.
    26     WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE BOARD
    27  WILL PUBLISH A NOTICE OF PROPOSED RULEMAKING IN THE PENNSYLVANIA
    28  BULLETIN DESIGNATING THOSE INDUSTRIAL ACTIVITIES WHICH PREVENT
    29  ACCESS BY THE PUBLIC TO AREAS WHERE REGULATED SUBSTANCES MAY BE
    30  PRESENT IN THE SOIL AND FOR WHICH CLEANUP STANDARDS MEETING THE
    19930S0972B2480                 - 68 -

     1  REQUIREMENTS OF THIS ACT CAN BE DEVELOPED BASED UPON SOLELY
     2  OCCUPATIONAL EXPOSURE ASSUMPTIONS CONSISTENT WITH SUCH USE.
     3  SECTION 1104.  INTERIM REQUIREMENTS FOR RESPONSE ACTIONS.
     4     (A)  COMPLIANCE WITH EXISTING STANDARDS.--UNTIL THE NOTICE OF
     5  PROPOSED RULEMAKING IS PUBLISHED IN THE PENNSYLVANIA BULLETIN
     6  PURSUANT TO SECTION 1101, RESPONSE ACTIONS SHALL COMPLY WITH
     7  EXISTING DEPARTMENT GUIDANCE OR DEPARTMENT CLEANUP STANDARDS OR
     8  OTHER STANDARDS APPROVED BY THE DEPARTMENT FOR A SPECIFIC
     9  RESPONSE ACTION FOR REGULATED SUBSTANCES IN SOIL, GROUNDWATER
    10  AND SEDIMENT.
    11     (B)  EFFECTIVE DATE OF REGULATIONS.--PROPOSED REGULATIONS
    12  PUBLISHED PURSUANT TO SECTIONS 1101, 1102 AND 1103 SHALL BE
    13  EFFECTIVE AND ESTABLISH ENFORCEABLE AND BINDING LEGAL
    14  REQUIREMENTS 30 DAYS AFTER PUBLICATION IN THE PENNSYLVANIA
    15  BULLETIN AS PROPOSED RULEMAKING.
    16     (C)  PROPOSED REGULATIONS.--THE PROPOSED REGULATIONS SHALL
    17  HAVE NO EFFECT AFTER ADOPTION OF THE FINAL REGULATIONS OR AFTER
    18  THE EXPIRATION OF THE TIME PERIOD ESTABLISHED UNDER SECTION
    19  5(B.4) OF THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS
    20  THE REGULATORY REVIEW ACT.
    21     (D)  FINAL REGULATIONS.--NOTWITHSTANDING THE PROVISIONS OF
    22  SUBSECTION (C), THE BOARD SHALL EXPEDITIOUSLY PROMULGATE FINAL
    23  REGULATIONS AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD.
    24  SECTION 1105.  SITE CHARACTERIZATION REPORTS AND RESPONSE ACTION
    25                 PLANS.
    26     (A)  NOTICE OF PROPOSED GUIDANCE FOR SITE CHARACTERIZATION
    27  REPORTS.--WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
    28  DEPARTMENT WILL PUBLISH A NOTICE OF PROPOSED GUIDANCE IN THE
    29  PENNSYLVANIA BULLETIN CONTAINING REQUIREMENTS FOR SITE
    30  CHARACTERIZATION REPORTS. THE GUIDANCE SHALL DEFINE THOSE
    19930S0972B2480                 - 69 -

     1  ACTIVITIES WHICH ARE NECESSARY TO DETERMINE AN APPROPRIATE
     2  RESPONSE ACTION, INCLUDING BUT NOT LIMITED TO, THE COLLECTION,
     3  EVALUATION AND INTERPRETATION OF PHYSICAL SITE CHARACTERISTIC
     4  INFORMATION, ENVIRONMENTAL DATA IN ORDER TO DETERMINED THE
     5  DEGREE AND LOCATION OF RELEASED REGULATED SUBSTANCES, DATA IN
     6  ORDER TO DETERMINED THE ACTUAL AND POTENTIAL PATHWAYS OF
     7  EXPOSURE TO THE ENVIRONMENT, AND HUMAN AND ECOLOGICAL RECEPTORS
     8  AND THE RISK POSED BY EXPOSURE THROUGH IDENTIFIED PATHWAYS.
     9     (B)  NOTICE OF PROPOSED GUIDANCE FOR RESPONSE ACTION PLAN.--
    10  WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS ACT, THE
    11  DEPARTMENT WILL PUBLISH A NOTICE OF PROPOSED GUIDANCE IN THE
    12  PENNSYLVANIA BULLETIN CONTAINING REQUIREMENTS FOR RESPONSE
    13  ACTION PLAN. THE GUIDANCE SHALL DEFINED THOSE ACTIVITIES WHICH
    14  ARE NECESSARY TO DESCRIBE A PROPOSED RESPONSE ACTION WHICH MEETS
    15  THE REQUIREMENTS OF CHAPTER 7, INCLUDING, BUT NOT LIMITED TO, A
    16  DESCRIPTION OF EACH PHASE OF THE PROPOSED RESPONSE ACTION
    17  INCLUDING OPERATIONAL AND DISCHARGE PARAMETERS, REPRESENTATIVE
    18  SAMPLING AND ANALYTICAL PLANS DESIGNED TO DEMONSTRATE COMPLIANCE
    19  WITH SECTION 701(A)(1), (2), (3) AND (4) AND A DESCRIPTION AND
    20  SCHEDULE FOR RELEVANT POST-RESPONSE REQUIREMENTS.
    21                             CHAPTER 13
    22                         FUTURE OBLIGATIONS
    23  SECTION 1301.  FUTURE OBLIGATIONS.
    24     (A)  GENERAL RULE.--NO FURTHER RESPONSE ACTION WILL BE
    25  REQUIRED SO LONG AS A VOLUNTARY RESPONSE ACTION CONTINUES TO
    26  MEET AND MAINTAIN THE REQUIREMENTS OF CHAPTER 7 AND THE USE OF
    27  THE PROPERTY AND EXPOSURE PATHWAYS REMAIN CONSISTENT WITH THE
    28  EXPOSURE ASSUMPTIONS UPON WHICH THE CLEANUP STANDARDS OF THE
    29  VOLUNTARY RESPONSE ACTION WAS BASED.
    30     (B)  ADDITIONAL RESPONSE ACTION.--NOTHING IN THIS CHAPTER
    19930S0972B2480                 - 70 -

     1  SHALL PREVENT AN OWNER OR OPERATOR FROM CONDUCTING ADDITIONAL
     2  RESPONSE ACTION TO EXPAND THE PERMISSIBLE USES OF THE PROPERTY.
     3  SECTION 1302.  DEED NOTICE AND RESTRICTION.
     4     (A)  OTHER LAWS UNAFFECTED.--NOTHING IN THIS ACT SHALL ALTER
     5  OR OTHERWISE AFFECT THE APPLICABLE DEED ACKNOWLEDGEMENT
     6  REQUIREMENTS OF THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN
     7  AS THE SOLID WASTE MANAGEMENT ACT, OR THE ACT OF OCTOBER 18,
     8  1988 (P.L.756, NO.108), KNOWN AS THE HAZARDOUS SITES CLEANUP
     9  ACT.
    10     (B)  CONTENTS OF DEED RESTRICTION.--THE FOLLOWING DEED
    11  RESTRICTION REQUIREMENTS APPLY TO RESPONSE ACTIONS COMMENCED OR
    12  COMPLETED AFTER THE EFFECTIVE DATE OF THIS ACT:
    13         (1)  THE GRANTOR, IN EVERY DEED FOR CONVEYANCE OF
    14     PROPERTY AT WHICH INSTITUTIONAL OR ENGINEERED CONTROLS ARE
    15     EMPLOYED IN A RESPONSE ACTION, SHALL INCLUDE IN THE PROPERTY
    16     DESCRIPTION SECTION OF THE DEED A DESCRIPTION OF THE CONTROLS
    17     EMPLOYED AND LIMITATION PLACED ON THE USE OF THE PROPERTY.
    18     THE DEED SHALL STATE THAT THE PROPERTY SHALL NOT BE PUT TO A
    19     USE WHICH WOULD DISTURB OR BE INCONSISTENT WITH THE USE OF
    20     THESE CONTROLS.
    21         (2)  THE GRANTOR, IN EVERY DEED FOR CONVEYANCE OF
    22     PROPERTY AT WHICH A RESPONSE ACTION PURSUANT TO THIS ACT HAS
    23     BEEN CONDUCTED, SHALL INCLUDE IN THE PROPERTY DESCRIPTION
    24     SECTION OF THE DEED A DESCRIPTION OF THE LIMITED ACCESS USE
    25     DETERMINED BY THE LOCAL AGENCY OR THE DEPARTMENT TO BE
    26     CONSISTENT WITH APPLICABLE LAND USE PLANS, ZONING ORDINANCES
    27     AND HISTORICAL, CURRENT AND REASONABLY EXPECTED FUTURE USE OF
    28     THE PROPERTY. THE DEED SHALL STATE THAT THE PROPERTY SHALL
    29     NOT BE PUT TO A USE FOR WHICH CLEANUP STANDARDS BASED ON
    30     LIMITED EXPOSURE ASSUMPTIONS ARE NOT APPROPRIATE.
    19930S0972B2480                 - 71 -

     1     (C)  OTHER RESTRICTIONS UNAFFECTED.--NOTHING IN THIS
     2  SUBSECTION SHALL ALTER OR OTHERWISE AFFECT EXISTING DEED
     3  RESTRICTION REQUIREMENTS IMPOSED BY LAW OR AGREEMENT.
     4                             CHAPTER 15
     5                        REVOLVING LOAN FUND
     6  SECTION 1501.  ENVIRONMENTAL RESPONSE LOAN FUND.
     7     THERE IS HEREBY CREATED IN THE STATE TREASURY THE
     8  ENVIRONMENTAL RESPONSE LOAN FUND. REPAYMENT OF PRINCIPAL AND
     9  INTEREST ON ALL LOANS MADE UNDER THIS ACT SHALL BE DEPOSITED IN
    10  THE FUND. ALL MONEYS IN THE FUND ARE HEREBY APPROPRIATED, UPON
    11  APPROVAL OF THE GOVERNOR, TO THE DEPARTMENT OF COMMERCE TO MAKE
    12  LOANS FOR THE PURPOSES OF THIS ACT.
    13  SECTION 1502.  TERMS AND CONDITIONS OF LOAN.
    14     (A)  INTEREST RATE AND LENGTH OF LOAN.--MONEY IN THE FUND
    15  SHALL BE LOANED TO QUALIFYING ENTITIES FOR CHARACTERIZATION AND
    16  CLEANUP OF CONTAMINATED SITES PURSUANT TO THIS ACT AT AN ANNUAL
    17  INTEREST RATE AT LEAST EQUAL TO THE PENNSYLVANIA INDUSTRIAL
    18  DEVELOPMENT AUTHORITY'S RATE FOR THE AREA IN WHICH THE PROJECT
    19  IS LOCATED, AND THE MAXIMUM TERM OF A LOAN SHALL BE TEN YEARS.
    20     (B)  MAXIMUM LOAN AMOUNT.--THE MAXIMUM LOAN AMOUNT OF A LOAN
    21  FOR CHARACTERIZATION SHALL BE $100,000, AND THE MAXIMUM AMOUNT
    22  OF A LOAN FOR RESPONSE ACTION SHALL BE $1,500,000. NO SITE SHALL
    23  BE ELIGIBLE FOR MORE THAN ONE LOAN FOR CHARACTERIZATION AND ONE
    24  LOAN FOR RESPONSE ACTION.
    25     (C)  CRITERIA FOR CHARACTERIZATION LOANS.--IN REVIEWING
    26  APPLICATIONS FOR LOANS FOR SITE CHARACTERIZATION, THE DEPARTMENT
    27  OF COMMERCE SHALL CONSIDER THE FOLLOWING:
    28         (1)  THE ECONOMIC DEVELOPMENT POTENTIAL OF THE SITE.
    29         (2)  THE FINANCIAL NEEDS OF THE APPLICANT.
    30         (3)  THE APPLICANT ABILITY TO REPAY THE LOAN.
    19930S0972B2480                 - 72 -

     1     (D)  CRITERIA FOR RESPONSE ACTION LOANS.--IN REVIEWING
     2  APPLICATIONS FOR LOANS FOR RESPONSE ACTION, THE DEPARTMENT OF
     3  COMMERCE SHALL CONSIDER THE FOLLOWING:
     4         (1)  THE RISK TO HUMAN HEALTH AND THE ENVIRONMENT POSED
     5     BY THE SITE PRIOR TO A RESPONSE ACTION.
     6         (2)  THE OVERALL ENVIRONMENTAL BENEFIT ACCRUED AS A
     7     RESULT OF THE PROPOSED RESPONSE ACTION.
     8         (3)  THE ECONOMIC DEVELOPMENT POTENTIAL OF THE SITE.
     9         (4)  THE FINANCIAL NEEDS OF THE APPLICANT.
    10         (5)  THE APPLICANT ABILITY TO REPAY THE LOAN.
    11  SECTION 1503.  TRANSFER OF FUNDS.
    12     (A)  TRANSFER FROM HAZARDOUS SITES CLEANUP FUND.--THE
    13  GOVERNOR IS HEREBY AUTHORIZED TO TRANSFER $10,000,000, OR AS
    14  MUCH THEREOF AS MAY BE NECESSARY, FROM THE HAZARDOUS SITES
    15  CLEANUP FUND, ESTABLISHED IN SECTION 602.3 OF THE ACT OF MARCH
    16  4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, TO
    17  THE ENVIRONMENTAL RESPONSE LOAN FUND.
    18     (B)  REPAYMENT OF TRANSFERRED FUNDS.--ALL MONEY TRANSFERRED
    19  FROM THE HAZARDOUS SITES CLEANUP FUND SHALL BE REPAID TO THAT
    20  FUND FROM REPAYMENTS TO THE ENVIRONMENTAL RESPONSE LOAN FUND IN
    21  THE FOLLOWING MANNER:
    22         (1)  BEGINNING IN THE FIFTH YEAR AFTER THE EFFECTIVE DATE
    23     OF THIS ACT, ALL PRINCIPAL REPAYMENTS TO THE ENVIRONMENTAL
    24     RESPONSE LOAN FUND SHALL BE TRANSFERRED BY THE DEPARTMENT OF
    25     COMMERCE TO THE HAZARDOUS SITES CLEANUP FUND UNTIL THE ENTIRE
    26     $10,000,000 HAS BEEN REPAID.
    27         (2)  AT THE END OF THE TEN-YEAR PERIOD FROM THE EFFECTIVE
    28     DATE OF THIS ACT, ANY FUNDS REMAINING IN THE ENVIRONMENTAL
    29     RESPONSE LOAN FUND SHALL BE TRANSFERRED TO THE HAZARDOUS
    30     SITES CLEANUP FUND.
    19930S0972B2480                 - 73 -

     1         (3)  ANY PRINCIPAL AND INTEREST PAYMENT ON OUTSTANDING
     2     LOANS SHALL BE PAID INTO THE HAZARDOUS SITES CLEANUP FUND.
     3         (4)  THE TRANSFER OF FUNDS FROM THE ENVIRONMENTAL
     4     RESPONSE LOAN FUND SHALL BE MADE BY WARRANT OF THE STATE
     5     TREASURER UPON REQUISITION OF THE GOVERNOR.
     6  SECTION 1504.  EXPIRATION.
     7     THE ENVIRONMENTAL RESPONSE LOAN FUND SHALL TERMINATE TEN
     8  YEARS FROM THE EFFECTIVE DATE OF THIS ACT.
     9                             CHAPTER 17
    10                      MISCELLANEOUS PROVISIONS
    11  SECTION 1701.  ENFORCEMENT.
    12     (A)  ENFORCEMENT OF FEDERAL STANDARDS.--THE PROVISIONS OF
    13  THIS ACT SHALL NOT PREVENT THE COMMONWEALTH FROM IMPLEMENTING OR
    14  ENFORCING CLEANUP STANDARDS OR OTHER APPLICABLE REQUIREMENTS
    15  THAT ARE APPROVED BY THE FEDERAL GOVERNMENT OR REQUIRED BY
    16  FEDERAL LAW AS A CONDITION TO THE COMMONWEALTH'S RECEIPT OF
    17  PROGRAM AUTHORIZATION, DELEGATION OR PRIMACY TO ADMINISTER
    18  ENVIRONMENTAL PROGRAMS IN THIS COMMONWEALTH OR TO RECEIVE
    19  FEDERAL FUNDS.
    20     (B)  AUTHORITY OF DEPARTMENT.--NOTHING IN THIS ACT SHALL
    21  EXPAND OR LIMIT THE DEPARTMENT'S AUTHORITY UNDER APPLICABLE
    22  STATUTES AND REGULATIONS TO ORDER OR OTHERWISE DIRECT A
    23  RESPONSIBLE PERSON TO CONDUCT A RESPONSE ACTION ON A SITE OR TO
    24  PURSUE ENFORCEMENT ACTIONS AGAINST RESPONSIBLE PERSONS,
    25  INCLUDING INJUNCTIVE ACTIONS, ACTIONS TO RECOVER NATURAL
    26  RESOURCE DAMAGES AND CIVIL AND CRIMINAL PENALTIES.
    27  SECTION 1702.  RELATION TO OTHER LAWS.
    28     (A)  ENFORCEMENT OF SPECIFIC FEDERAL STANDARDS.--THE
    29  PROVISIONS OF THIS ACT SHALL NOT PREVENT THE COMMONWEALTH FROM
    30  ENFORCING SPECIFIC CLEANUP STANDARDS OR TECHNICAL PERFORMANCE
    19930S0972B2480                 - 74 -

     1  STANDARDS REQUIRED TO BE ENFORCED BY THE FEDERAL GOVERNMENT AS A
     2  CONDITION OF PRIMACY OR TO RECEIVE FEDERAL FUNDS.
     3     (B)  REQUIREMENTS FOR ACTION TAKEN UNDER OTHER STATUTES.--
     4  THIS ACT ESTABLISHES REQUIREMENTS FOR VOLUNTARY RESPONSE ACTIONS
     5  UNDERTAKEN PURSUANT TO THE STATUTES IDENTIFIED IN SECTION 104.
     6  NOTHING IN THIS ACT SHALL REPEAL, AMEND OR OTHERWISE MODIFY ANY
     7  PROVISION IN THESE STATUTES OR IN ANY OTHER STATUTE UNLESS
     8  EXPRESSLY INCONSISTENT WITH THE PROVISIONS OF THIS ACT.
     9  SECTION 1703.  RELATION TO PERMITTING.
    10     NOTHING IN THIS ACT SHALL LIMIT OR OTHERWISE AFFECT THE
    11  DEPARTMENT'S AUTHORITY UNDER APPLICABLE ENVIRONMENTAL STATUTES
    12  AND REGULATIONS TO ESTABLISH NEW, OR MAINTAIN OR REVISE,
    13  PERMITTING STANDARDS AND LIMITATIONS INTENDED TO MINIMIZE,
    14  PREVENT OR OTHERWISE CONTROL THE RELEASE OF REGULATED SUBSTANCES
    15  INTO THE WATERS, AIR, SEDIMENT AND SOIL OF THIS COMMONWEALTH.
    16  SECTION 1704.  EFFECTIVE DATE.
    17     THIS ACT SHALL TAKE EFFECT IN 60 DAYS.









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