PRINTER'S NO. 962
No. 837 Session of 2001
INTRODUCED BY CONTI, MUSTO, TOMLINSON, GREENLEAF, WAGNER,
TARTAGLIONE AND STACK, MAY 2, 2001
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 2, 2001
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 payment of certain claims from the
7 Underground Storage Tank Indemnification Fund.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 704(b) of the act of July 6, 1989
11 (P.L.169, No.32), known as the Storage Tank and Spill Prevention
12 Act, amended January 30, 1998 (P.L. 46, No.13), is amended to
13 read:
14 Section 704. Underground Storage Tank Indemnification Fund.
15 * * *
16 (b) Limit of payments to owners or operators.--
17 (1) Payments to eligible owners or operators shall be
18 limited to the actual costs of corrective action and the
19 amount of an award of damages by a court of competent
20 jurisdiction for bodily injury, property damage or both, not
1 to exceed a total of [$1,000,000] $3,000,000 per tank per
2 occurrence.
3 (2) Payments of claims against the fund shall be subject
4 to a deductible as provided in section 705. Payments shall be
5 made only for releases resulting from storage tanks that are
6 located within this Commonwealth.
7 (3) Payments shall not exceed:
8 (i) an annual aggregate of [$1,000,000] $3,000,000
9 for each owner and operator of 100 or less underground
10 storage tanks; or
11 (ii) an annual aggregate of [$2,000,000] $4,000,000
12 for each owner and operator of 101 or more underground
13 storage tanks, up to the total of [$1,000,000] $3,000,000
14 per tank per occurrence or the total eligible costs or
15 damages.
16 * * *
17 Section 2. The amendment of section 704(b) of the act shall
18 apply to claims filed by eligible owners or operators on and
19 after August 6, 1989.
20 Section 3. This act shall take effect immediately.
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