PRINTER'S NO. 909
No. 815 Session of 2007
INTRODUCED BY MUSTO, BOSCOLA, PUNT, LAVALLE, FONTANA,
TARTAGLIONE, FOLMER, ERICKSON, M. WHITE, GORDNER, O'PAKE,
LOGAN, COSTA, McILHINNEY, WAUGH, CORMAN, RAFFERTY, ROBBINS,
STOUT AND WASHINGTON, APRIL 27, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 27, 2007
AN ACT
1 Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as
2 amended, "An act providing for the regulation of storage
3 tanks and tank facilities; imposing additional powers and
4 duties on the Department of Environmental Protection and the
5 Environmental Quality Board; and making an appropriation,"
6 further providing for underground storage tank environmental
7 cleanup program and for underground storage tank pollution
8 prevention program.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 710(b.2) and (f) of the act of July 6,
12 1989 (P.L.169, No.32), known as the Storage Tank and Spill
13 Prevention Act, amended or added January 30, 1998 (P.L.46,
14 No.13) and July 5, 2005 (P.L.97, No.36), are amended to read:
15 Section 710. Underground Storage Tank Environmental Cleanup
16 Program.
17 * * *
18 (b.2) Additional allocation.--No more than $500,000 of the
19 annual allocation for the Underground Storage Tank Environmental
20 Cleanup Program may be used for costs of corrective action to
1 assist owners of underground storage tanks with a capacity of
2 3,000 gallons or less used for storing heating oil for
3 consumption on the premises where stored. Payments made for
4 eligible releases shall be limited in amount to the actual costs
5 of corrective action or to $5,000, whichever is less. The amount
6 allowed shall be subject to a $1,000 deductible which shall be
7 paid first by the claimant. [This subsection shall expire June
8 30, 2007. On or before that date the board shall make a report
9 to the General Assembly with recommendations.] The board may
10 promulgate regulations to carry out the provisions of this
11 subsection.
12 * * *
13 (f) Sunset.--The Underground Storage Tank Environmental
14 Cleanup Program shall cease to exist on June 30, [2007] 2012,
15 unless it is reestablished by action of the General Assembly.
16 Section 2. Section 711 of the act, added January 30, 1998
17 (P.L.46, No.13), is amended to read:
18 Section 711. Underground Storage Tank Pollution Prevention
19 Program.
20 (a) Establishment.--The board is hereby authorized to
21 establish an Underground Storage Tank Pollution Prevention
22 Program for the purpose of reimbursing eligible owners, as
23 defined in subsection (d), for the costs of removing regulated
24 substances from and sealing the fill pipes of underground
25 storage tanks which have not been upgraded to comply with the
26 technical requirements of Federal and State regulations. The
27 board shall establish guidelines for eligible expenses and
28 procedures for reimbursement from the Underground Storage Tank
29 Indemnification Fund.
30 (b) Allocation.--The board may allocate up to $1,000,000
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1 annually from the Underground Storage Tank Indemnification Fund
2 for the Underground Storage Tank Pollution Prevention Program as
3 long as the allocation does not impede the actuarial soundness
4 of the fund's ability to pay claims.
5 (c) Implementation.--The Department of Environmental
6 Protection shall assist the board with the implementation of
7 this program and shall be reimbursed by the board from the fund
8 for actual reimbursements made to eligible owners, but in no
9 event shall the department be reimbursed from the fund for any
10 administrative costs.
11 (d) Eligibility.--Owners of six or fewer underground storage
12 tanks shall be eligible to participate in this program.
13 (e) Annual report.--The board shall annually transmit to the
14 General Assembly a report outlining actions taken and
15 expenditures made under this section for the preceding
16 Commonwealth fiscal year.
17 (f) Sunset.--The Underground Storage Tank Pollution
18 Prevention Program shall cease to exist on June 30, [2007] 2012,
19 unless it is reestablished by action of the General Assembly.
20 Section 3. This act shall take effect immediately.
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