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PRIOR PRINTER'S NO. 1598
PRINTER'S NO. 2239
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1105
Session of
2019
INTRODUCED BY NELSON, TURZAI, KAUFER, MIHALEK, KAIL, FRITZ,
TOOHIL, PUSKARIC, O'NEAL, GILLESPIE, GREINER, ROTHMAN,
BERNSTINE, MOUL, B. MILLER, KAUFFMAN, CAUSER, ZIMMERMAN,
OWLETT, SCHMITT, MILLARD, GLEIM, HERSHEY, GILLEN, STRUZZI,
SCHEMEL, WALSH, EVERETT, RADER, SANKEY, WARNER, RYAN,
DIAMOND, MARSHALL, PICKETT, ECKER, MASSER, HEFFLEY, DOWLING
AND GABLER, APRIL 29, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 24, 2019
AN ACT
Amending the act of May 19, 1995 (P.L.4, No.2), entitled "An act
providing for the recycling of existing industrial and
commercial sites; further defining the cleanup liability of
new industries and tenants; establishing a framework for
setting environmental remediation standards; establishing the
Voluntary Cleanup Loan Fund, the Industrial Land Recycling
Fund and the Industrial Sites Cleanup Fund to aid industrial
site cleanups; assigning powers and duties to the
Environmental Quality Board and the Department of
Environmental Resources; and making repeals," in
miscellaneous provisions, further providing for permits and
other requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 902 of the act of May 19, 1995 (P.L.4,
No.2), known as the Land Recycling and Environmental Remediation
Standards Act, is amended by adding a subsection to read:
Section 902. Permits and other requirements.
* * *
(c) Consolidated standards permit.--A person conducting
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remediation activities under this act may obtain a consolidated
standards permit. A person who is issued a consolidated
standards permit in connection with the remediation activities
under this act is not required to obtain a permit, license, plan
approval or other approval in connection with the activity under
the act of June 22, 1937 (P.L.1987, No.394), known as The Clean
Streams Law, the act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act, the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act, the
act of July 13, 1988 (P.L.525, No.93), referred to as the
Infectious and Chemotherapeutic Waste Law, or the act of July 6,
1989 (P.L.169, No.32), known as the Storage Tank and Spill
Prevention Act. A person who obtains a consolidated standards
permit under this subsection is deemed to be in compliance with
the requirement to obtain a permit, license, plan approval or
other approval in connection with the activity under the
applicable provisions of those acts and regulations. The
department shall grant or deny a consolidated standards permit
within 120 calendar days from its receipt of an application.
(C) CONSOLIDATED STANDARDS PERMIT.--A PERSON CONDUCTING
REMEDIATION ACTIVITIES UNDER THIS ACT MAY OBTAIN A CONSOLIDATED
STANDARDS PERMIT. THE FOLLOWING SHALL APPLY:
(1) A PERSON WHO IS ISSUED A CONSOLIDATED STANDARDS
PERMIT IN CONNECTION WITH THE REMEDIATION ACTIVITIES UNDER
THIS ACT IS NOT REQUIRED TO OBTAIN A PERMIT, LICENSE, PLAN
APPROVAL OR OTHER APPROVAL IN CONNECTION WITH THE ACTIVITY
UNDER THE ACT OF JUNE 22, 1937 (P.L.1987, NO.394), KNOWN AS
THE CLEAN STREAMS LAW, THE ACT OF JANUARY 8, 1960 (1959
P.L.2119, NO.787), KNOWN AS THE AIR POLLUTION CONTROL ACT,
THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE SOLID
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WASTE MANAGEMENT ACT, THE ACT OF JULY 13, 1988 (P.L.525,
NO.93), REFERRED TO AS THE INFECTIOUS AND CHEMOTHERAPEUTIC
WASTE LAW, THE ACT OF JULY 6, 1989 (P.L.169, NO.32), KNOWN AS
THE STORAGE TANK AND SPILL PREVENTION ACT OR OTHER FEDERAL
STATUTES RELATING TO ENVIRONMENTAL PROTECTION OR THE
PROTECTION OF PUBLIC HEALTH. A PERSON WHO OBTAINS A
CONSOLIDATED STANDARDS PERMIT UNDER THIS SUBSECTION IS DEEMED
TO BE IN COMPLIANCE WITH THE REQUIREMENT TO OBTAIN A PERMIT,
LICENSE, PLAN APPROVAL OR OTHER APPROVAL IN CONNECTION WITH
THE ACTIVITY UNDER THE APPLICABLE PROVISIONS OF THOSE ACTS
AND REGULATIONS.
(2) THE DEPARTMENT SHALL GRANT OR DENY A CONSOLIDATED
STANDARDS PERMIT WITHIN 120 CALENDAR DAYS FROM ITS RECEIPT OF
AN APPLICATION. THE DEPARTMENT MAY EXTEND THE REVIEW UNDER
THIS PARAGRAPH TO COMPLY WITH REQUIRED FEDERAL NOTICE
REQUIREMENTS.
(3) NO LATER THAN JANUARY 1 OF EACH YEAR, THE DEPARTMENT
SHALL SUBMIT A REPORT TO THE ENVIRONMENTAL RESOURCES AND
ENERGY COMMITTEE OF THE SENATE AND THE ENVIRONMENTAL
RESOURCES AND ENERGY COMMITTEE OF THE HOUSE OF
REPRESENTATIVES ON THE UTILIZATION OF THE CONSOLIDATED
STANDARDS PERMIT.
Section 2. This act shall take effect in 60 days.
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