PRIOR PRINTER'S NO. 962 PRINTER'S NO. 1220
No. 837 Session of 2001
INTRODUCED BY CONTI, MUSTO, TOMLINSON, GREENLEAF, WAGNER,
TARTAGLIONE AND STACK, MAY 2, 2001
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 18, 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) SECTIONS 704(B) AND 706 of the act <--
11 of July 6, 1989 (P.L.169, No.32), known as the Storage Tank and
12 Spill Prevention Act, amended January 30, 1998 (P.L. 46, No.13),
13 is ARE amended to 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
1 jurisdiction for bodily injury, property damage or both, not
2 to exceed a total of [$1,000,000] $3,000,000 per tank per
3 occurrence.
4 (2) Payments of claims against the fund shall be subject
5 to a deductible as provided in section 705. Payments shall be
6 made only for releases resulting from storage tanks that are
7 located within this Commonwealth.
8 (3) Payments shall not exceed:
9 (i) an annual aggregate of [$1,000,000] $3,000,000
10 for each owner and operator of 100 or less underground
11 storage tanks; or
12 (ii) an annual aggregate of [$2,000,000] $4,000,000
13 for each owner and operator of 101 or more underground
14 storage tanks, up to the total of [$1,000,000] $3,000,000
15 per tank per occurrence or the total eligible costs or
16 damages.
17 (4) PAYMENTS SHALL BE MADE TO ELIGIBLE OWNERS OR <--
18 OPERATORS WITHOUT REGARD FOR THE DATE OF THE FILING OF THE
19 CLAIM OR THE TIME WHEN PAYMENTS WERE FIRST MADE ON THE CLAIM
20 TO THE ELIGIBLE OWNER OR OPERATOR, PROVIDED THAT THE CLAIM
21 WAS MADE AFTER FEBRUARY 1, 1994.
22 * * *
23 SECTION 706. ELIGIBILITY OF CLAIMANTS. <--
24 (A) GENERAL RULE.--IN ORDER TO RECEIVE A PAYMENT FROM THE
25 UNDERGROUND STORAGE TANK INDEMNIFICATION FUND, A CLAIMANT SHALL
26 MEET THE FOLLOWING ELIGIBILITY REQUIREMENTS:
27 (1) THE CLAIMANT IS THE OWNER, OPERATOR OR CERTIFIED
28 TANK INSTALLER OF THE TANK WHICH IS THE SUBJECT OF THE CLAIM.
29 (2) THE CURRENT FEE REQUIRED UNDER SECTION 705 HAS BEEN
30 PAID.
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1 (3) THE TANK HAS BEEN REGISTERED IN ACCORDANCE WITH THE
2 REQUIREMENTS OF SECTION 503.
3 (4) THE OWNER, OPERATOR OR CERTIFIED TANK INSTALLER HAS
4 OBTAINED THE APPROPRIATE PERMIT OR CERTIFICATION AS REQUIRED
5 UNDER SECTIONS 108, 501 AND 504.
6 (5) THE CLAIMANT DEMONSTRATES TO THE SATISFACTION OF THE
7 BOARD THAT THE RELEASE THAT IS THE SUBJECT OF THE CLAIM
8 OCCURRED AFTER THE DATE ESTABLISHED BY THE BOARD FOR PAYMENT
9 OF THE FEE REQUIRED BY SECTION 705(D).
10 (6) ADDITIONAL ELIGIBILITY REQUIREMENTS WHICH THE BOARD
11 MAY ADOPT BY REGULATION.
12 (B) PREVIOUS CLAIMS.--
13 (1) THE OWNER, OPERATOR OR CERTIFIED TANK INSTALLER
14 SHALL REMAIN ELIGIBLE FOR PAYMENT FROM THE FUND, UP TO A
15 TOTAL OF $3,000,000 PER-TANK-PER-OCCURRENCE, EVEN WHERE THE
16 FUND INITIALLY PAID ALL OR PART OF ANY AMOUNT CLAIMED PRIOR
17 TO THE EFFECTIVE DATE OF THIS SUBSECTION, AS A PER TANK PER
18 OCCURRENCE AMOUNT, PROVIDED THAT THE FULL AMOUNT OF THE CLAIM
19 HAS NOT BEEN PAID AS OF JUNE 1, 2001.
20 (2) THIS SUBSECTION SHALL NOT APPLY TO CLAIMS SETTLED OR
21 CLOSED PRIOR TO JUNE 1, 2001.
22 Section 2. The amendment of section 704(b) of the act shall <--
23 apply to claims filed by eligible owners or operators on and
24 after August 6, 1989.
25 Section 3 2. This act shall take effect immediately. <--
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