HOUSE AMENDED
PRIOR PRINTER'S NOS. 962, 1220 PRINTER'S NO. 1361
No. 837 Session of 2001
INTRODUCED BY CONTI, MUSTO, TOMLINSON, GREENLEAF, WAGNER,
TARTAGLIONE AND STACK, MAY 2, 2001
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL RESOURCES AND
ENERGY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 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; AND PROVIDING <--
8 FOR CERTAIN NOTIFICATION WHEN THERE ARE RELEASES FROM STORAGE
9 TANKS.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Sections 704(b) and 706 of the act of July 6,
13 1989 (P.L.169, No.32), known as the Storage Tank and Spill
14 Prevention Act, amended January 30, 1998 (P.L.46, No.13), are
15 amended to read:
16 Section 704. Underground Storage Tank Indemnification Fund.
17 * * *
18 (b) Limit of payments to owners or operators.--
19 (1) Payments to eligible owners or operators shall be
1 limited to the actual costs of corrective action and the
2 amount of an award of damages by a court of competent
3 jurisdiction for bodily injury, property damage or both, not
4 to exceed a total of [$1,000,000] $3,000,000 per tank per <--
5 occurrence. THE PAYMENT LIMITATION OF $1,000,000 MAY BE <--
6 INCREASED BY NOT MORE THAN $2,000,000 PER TANK PER OCCURRENCE
7 FOR SUCH COSTS AND AWARD OF DAMAGES IF THE OWNER OR OPERATOR
8 HAS AN OFFICIAL COMPANY POLICY AGAINST THE USE OF METHYL
9 TERTIARY BUTYL ETHER AS AN ADDITIVE TO GASOLINE.
10 (2) Payments of claims against the fund shall be subject
11 to a deductible as provided in section 705. Payments shall be
12 made only for releases resulting from storage tanks that are
13 located within this Commonwealth.
14 (3) Payments shall not exceed:
15 (i) an annual aggregate of [$1,000,000] $3,000,000
16 for each owner and operator of 100 or less underground
17 storage tanks; or
18 (ii) an annual aggregate of [$2,000,000] $4,000,000
19 for each owner and operator of 101 or more underground
20 storage tanks, up to the total of [$1,000,000] $3,000,000
21 per tank per occurrence or the total eligible costs or
22 damages.
23 (4) Payments shall be made to eligible owners or
24 operators without regard for the date of the filing of the
25 claim or the time when payments were first made on the claim
26 to the eligible owner or operator, provided that the claim
27 was made after February 1, 1994.
28 * * *
29 Section 706. Eligibility of claimants.
30 (a) General rule.--In order to receive a payment from the
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1 Underground Storage Tank Indemnification Fund, a claimant shall
2 meet the following eligibility requirements:
3 (1) The claimant is the owner, operator or certified
4 tank installer of the tank which is the subject of the claim.
5 (2) The current fee required under section 705 has been
6 paid.
7 (3) The tank has been registered in accordance with the
8 requirements of section 503.
9 (4) The owner, operator or certified tank installer has
10 obtained the appropriate permit or certification as required
11 under sections 108, 501 and 504.
12 (5) The claimant demonstrates to the satisfaction of the
13 board that the release that is the subject of the claim
14 occurred after the date established by the board for payment
15 of the fee required by section 705(d).
16 (6) Additional eligibility requirements which the board
17 may adopt by regulation.
18 (b) Previous claims.--
19 (1) The owner, operator or certified tank installer
20 shall remain eligible for payment from the fund, up to a
21 total of $3,000,000 per-tank-per-occurrence, even where the
22 fund initially paid all or part of any amount claimed prior
23 to the effective date of this subsection, as a per tank per
24 occurrence amount, provided that the full amount of the claim
25 has not been paid as of June 1, 2001.
26 (2) This subsection shall not apply to claims settled or
27 closed prior to June 1, 2001.
28 Section 2. This act shall take effect immediately. <--
29 SECTION 2. SECTION 904 OF THE ACT IS AMENDED BY ADDING A <--
30 SUBSECTION TO READ:
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1 SECTION 904. NOTIFICATION.
2 * * *
3 (E) RELEASES FROM STORAGE TANKS.--UNLESS MODIFIED BY THE
4 RULES AND REGULATIONS OF THE DEPARTMENT, THE FOLLOWING
5 NOTIFICATION REQUIREMENTS APPLY IF A RELEASE FROM A STORAGE TANK
6 OCCURS. UPON THE OCCURRENCE OF A RELEASE FROM A STORAGE TANK,
7 THE OWNER OR OPERATOR OF THE STORAGE TANK SHALL IMMEDIATELY
8 NOTIFY THE APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT. THE
9 OWNER OR OPERATOR SHALL NOTIFY THE DEPARTMENT, AS SOON AS
10 PRACTICABLE, BUT NO LATER THAN 24 HOURS AFTER THE CONFIRMATION
11 OF A REPORTABLE RELEASE. WITHIN 15 DAYS OF THIS NOTIFICATION,
12 THE OWNER OR OPERATOR SHALL PROVIDE WRITTEN NOTICE TO THE
13 DEPARTMENT, TO THE MUNICIPALITY IN WHICH THE REPORTABLE RELEASE
14 HAS OCCURRED, AND TO EACH MUNICIPALITY WHERE THAT RELEASE HAS
15 IMPACTED ENVIRONMENTAL MEDIA OR WATER SUPPLIES, BUILDINGS OR
16 SEWER OR OTHER UTILITY LINES. THE WRITTEN NOTICE SHALL DESCRIBE,
17 TO THE EXTENT THE INFORMATION IS AVAILABLE, THE REGULATED
18 SUBSTANCE INVOLVED IN THE RELEASE, THE QUANTITY OF THE SUBSTANCE
19 RELEASED, WHEN THE RELEASE OCCURRED, THE AFFECTED ENVIRONMENTAL
20 MEDIA, WHERE THE RELEASE OCCURRED AND RELEVANT INFORMATION
21 CONCERNING THE EFFECT OF THE RELEASE ON PUBLIC HEALTH, IMPACTS
22 TO WATER SUPPLIES, BUILDINGS OR TO SEWER OR OTHER UTILITY LINES.
23 THE NOTICE SHALL ALSO INCLUDE INFORMATION ON REMEDIAL ACTIONS
24 THAT ARE PLANNED, INITIATED OR COMPLETED. THE OWNER OR OPERATOR
25 SHALL ALSO PROVIDE WRITTEN NOTICE TO THE DEPARTMENT AND EACH
26 IMPACTED MUNICIPALITY OF NEW IMPACTS TO ENVIRONMENTAL MEDIA OR
27 WATER SUPPLIES, BUILDINGS, OR SEWER OR OTHER UTILITY LINES
28 DISCOVERED AFTER THE INITIAL WRITTEN NOTICE REQUIRED UNDER THIS
29 SUBSECTION. THIS WRITTEN NOTICE SHALL BE MADE WITHIN 15 DAYS OF
30 THE DISCOVERY OF THE NEW IMPACT. IF THE DEPARTMENT DETERMINES AT
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1 ANY TIME THAT THE RELEASE POSES AN IMMEDIATE THREAT TO PUBLIC
2 HEALTH AND SAFETY, THE DEPARTMENT AND ANY IMPACTED
3 MUNICIPALITIES MAY EVALUATE AND IMPLEMENT REASONABLE PROCEDURES
4 TO PROVIDE THE PUBLIC WITH APPROPRIATE INFORMATION ABOUT THE
5 SITUATION WHICH MAY, AT A MINIMUM, INCLUDE A SUMMARY OF THE
6 DETAILS SURROUNDING THE RELEASE AND ITS IMPACTS IN A NEWSPAPER
7 OF GENERAL CIRCULATION SERVING THE AREA IN WHICH THE IMPACTS ARE
8 OCCURRING.
9 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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