HOUSE AMENDED PRIOR PRINTER'S NOS. 1075, 1979, 2074 PRINTER'S NO. 2480
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. D19L27SFG/19930S0972B2480 - 75 -