See other bills
under the
same topic
                                                       PRINTER'S NO. 287

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 280 Session of 1989


        INTRODUCED BY FISHER, MUSTO, REIBMAN, GREENWOOD, SHUMAKER,
           PECORA, PORTERFIELD, BELAN, MELLOW, WILT, LEMMOND, CORMAN,
           ANDREZESKI, LOEPER, SCANLON, JUBELIRER AND SALVATORE,
           JANUARY 24, 1989

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
           JANUARY 24, 1989

                                     AN ACT

     1  Providing for the regulation of storage tanks and tank
     2     facilities; imposing additional powers and duties on the
     3     Department of Environmental Resources and the Environmental
     4     Quality Board; and making appropriations.

     5                         TABLE OF CONTENTS
     6  Chapter 1.  General Provisions
     7  Section 101.  Short title.
     8  Section 102.  Legislative findings.
     9  Section 103.  Definitions.
    10  Section 104.  Construction.
    11  Section 105.  API.
    12  Chapter 3.  Storage Tank Protection Program
    13  Section 301.  Establishment of program.
    14  Section 302.  Aboveground storage tank permits.
    15  Section 303.  Small aboveground storage tanks.
    16  Section 304.  Underground storage tank permits.
    17  Section 305.  Operation under existing permits.


     1  Section 306.  Registration of aboveground and underground
     2                 storage tanks.
     3  Section 307.  Inspection of aboveground storage tanks.
     4  Section 308.  Inspection and inventory records of underground
     5                 storage tanks.
     6  Section 309.  Certification of storage tank installers and
     7                 private tank inspectors.
     8  Section 310.  Small operator assistance program for underground
     9                 storage tanks.
    10  Section 311.  Environmental Quality Board.
    11  Section 312.  Industry Technical Advisory Board.
    12  Chapter 5.  Spill Prevention Response Plan
    13  Section 501.  Submission of spill prevention response plan.
    14  Section 502.  Content of spill prevention response plan.
    15  Section 503.  Review of spill prevention response plan.
    16  Section 504.  Notification.
    17  Chapter 7.  Financial Provisions
    18  Section 701.  Financial responsibility.
    19  Section 702.  Storage Tank Fund.
    20  Section 703.  Underground Storage Tank Indemnification Board.
    21  Section 704.  Underground Storage Tank Indemnification Fund.
    22  Section 705.  Powers and duties of Underground Storage Tank
    23                 Indemnification Board.
    24  Section 706.  Eligibility of claimants.
    25  Section 707.  Audit.
    26  Section 708.  Sunset review.
    27  Chapter 9.  Siting of New Aboveground Storage Tank Facilities
    28  Section 901.  Siting of new aboveground storage tank facilities.
    29  Section 902.  Siting criteria for aboveground tank facilities.
    30  Chapter 11.  Enforcement and Remedies
    19890S0280B0287                  - 2 -

     1  Section 1101.  Unlawful conduct.
     2  Section 1102.  Enforcement orders.
     3  Section 1103.  Civil penalties.
     4  Section 1104.  Criminal penalties.
     5  Section 1105.  Production of materials; recordkeeping
     6                 requirements.
     7  Section 1106.  Collection of fines, fees, etc.
     8  Section 1107.  Public information.
     9  Section 1108.  Relationship to other laws.
    10  Chapter 21.  Miscellaneous Provisions
    11  Section 2101.  Appropriations.
    12  Section 2102.  Severability.
    13  Section 2103.  Repeals.
    14  Section 2104.  Effective date.
    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17                             CHAPTER 1
    18                         GENERAL PROVISIONS
    19  Section 101.  Short title.
    20     This act shall be known and may be cited as the Storage Tank
    21  and Spill Prevention Act.
    22  Section 102.  Legislative findings.
    23     (a)  General.--The General Assembly of the Commonwealth finds
    24  and declares that:
    25         (1)  The lands and waters of this Commonwealth constitute
    26     a unique and irreplaceable resource from which the well-being
    27     of the public health and economic vitality of this
    28     Commonwealth is assured.
    29         (2)  These resources have been contaminated by releases
    30     and ruptures of regulated substances from both active and
    19890S0280B0287                  - 3 -

     1     abandoned storage tanks.
     2         (3)  Once contaminated, the quality of the affected
     3     resources may not be completely restored to their original
     4     state.
     5         (4)  When remedial action is required or undertaken, the
     6     cost is extremely high.
     7         (5)  Contamination of groundwater supplies caused by
     8     releases from storage tanks constitutes a grave threat to the
     9     health of affected residents.
    10         (6)  Contamination of these resources must be prevented
    11     through improved safeguards on the installation and
    12     construction of storage tanks.
    13     (b)  Declaration.--The General Assembly declares these leaks
    14  to be a threat to the public health and safety of this
    15  Commonwealth and hereby exercises the power of the Commonwealth
    16  to prevent the occurrence of these leaks through the
    17  establishment of a regulatory scheme for the storage of
    18  regulated substances in new and existing storage tanks and to
    19  provide liability for damages sustained within this Commonwealth
    20  as a result of a discharge by requiring prompt cleanup and
    21  removal of such pollution and discharged regulated substance.
    22  Section 103.  Definitions.
    23     The following words and phrases when used in this act shall
    24  have the meanings given to them in this section unless the
    25  context clearly indicates otherwise:
    26     "Abandoned tank."  A storage tank, other than nonoperational,
    27  which was no longer in use for storage of regulated substances
    28  on the effective date of this act.
    29     "Aboveground tank."  Any stationary storage tank constructed
    30  primarily of nonearthen materials which provides structured
    19890S0280B0287                  - 4 -

     1  support and whereby more than 90% of the tank volume is not
     2  buried below the ground surface. This definition and regulations
     3  promulgated under this act shall not include:
     4         (1)  A farm or residential tank of 1,100 gallons or less
     5     capacity used for storing motor fuel for noncommercial
     6     purposes.
     7         (2)  Aboveground tanks regulated under the act of May 31,
     8     1945 (P.L.1198, No.418), known as the Surface Mining
     9     Conservation and Reclamation Act.
    10         (3)  Aboveground storage tanks which are used to store
    11     brines, crude oil, drilling or frac fluids and similar
    12     substances or materials and directly related to the
    13     exploration, development or production of crude oil or
    14     natural gas regulated under the act of December 19, 1984
    15     (P.L.1140, No.223), known as the Oil and Gas Act.
    16         (4)  Septic tanks.
    17         (5)  Piping, surface impoundments, pits, ponds and
    18     lagoons.
    19         (6)  Storm water or wastewater collection or treatment
    20     systems.
    21         (7)  Process vessels and pressure vessels including oil
    22     and water separators.
    23         (8)  A pipeline facility (including gathering lines)
    24     regulated under:
    25             (i)  the Natural Gas Safety Act of 1968 (Public Law
    26         90-481, 82 Stat. 720, 49 U.S.C. App. § 1671 et seq.); or
    27             (ii)  the Hazardous Liquid Pipeline Safety Act of
    28         1979 (Public Law 96-129, 93 Stat. 1003, 49 U.S.C. § 2001
    29         et seq.).
    30         (9)  An interstate pipeline facility regulated under the
    19890S0280B0287                  - 5 -

     1     State laws comparable to provisions of law in paragraph (8).
     2         (10)  Tanks used for storage and storing heating oil for
     3     consumptive use on the premises where stored.
     4         (11)  Nonstationary tanks, liquid traps or associated
     5     gathering lines directly related to oil or gas production and
     6     gathering operations.
     7         (12)  Sumps, drip pots and other vessels designed to
     8     catch drips, spills, leaks or other releases before such
     9     releases enter the environment.
    10         (13)  Tanks located indoors above the surface of the
    11     floor.
    12         (14)  Tanks used for storage of products meeting the
    13     United States Food and Drug Administration regulations under
    14     the Federal Food, Drug, and Cosmetic Act (52 Stat. 1040, 21
    15     U.S.C. § 301 et seq.).
    16         (15)  Any other tank excluded by regulations or policy
    17     promulgated pursuant to this act.
    18  Unless specifically excluded, the term includes small
    19  aboveground storage tanks.
    20     "Cathodic protection."  A technique to prevent corrosion of a
    21  metal surface by making that surface the cathode of an
    22  electrochemical cell, including, but not limited to, the
    23  application of either galvanic anodes or impressed current.
    24     "Certified tank installer."  A person certified by the
    25  Department of Environmental Resources to install, erect,
    26  construct, modify or remove storage tanks. The term includes an
    27  employee of a tank owner or operator.
    28     "Corrective action."  The:
    29         (1)  Containment or attempted containment of a discharge.
    30         (2)  Removal or attempted removal of a discharge.
    19890S0280B0287                  - 6 -

     1         (3)  Taking of reasonable measures to prevent or mitigate
     2     damages to the public health, safety or welfare, including,
     3     but not limited to, public and private property, shorelines,
     4     beaches, surface waters, water columns and bottom sediments,
     5     soils and other affected property, including wildlife and
     6     other natural resources.
     7     "Corrective action costs."  All costs associated with the
     8  cleanup and removal of a discharge incurred by this Commonwealth
     9  or its political subdivisions or their agents with approval of
    10  the Department of Environmental Resources.
    11     "Department."  The Department of Environmental Resources of
    12  the Commonwealth.
    13     "Monitoring system."  A system capable of detecting leaks or
    14  discharges in connection with an underground storage tank.
    15     "Nonoperated tank."  Any storage tank that is empty and
    16  represents excess storage capacity that may be brought up to
    17  standards consistent with the regulatory requirements at the
    18  time the tank is brought into service.
    19     "Operator."  Any person in control of, or having
    20  responsibility for, the daily operation of the storage tank.
    21     "Owner." Any person owning a storage tank. The term shall
    22  include the current owner of any underground storage tank
    23  holding regulated substances on or after November 8, 1984, and
    24  the owner of an underground storage tank at the time all
    25  regulated substances were removed when removal occurred prior to
    26  November 8, 1984.
    27     "Person."  Any individual, partnership, corporation,
    28  association, joint venture, consortium, institution, trust,
    29  firm, joint-stock company, cooperative enterprise, municipality,
    30  municipal authority, Federal Government or agency, Commonwealth
    19890S0280B0287                  - 7 -

     1  department, agency, board, commission or authority, or any other
     2  legal entity whatsoever which is recognized by law as the
     3  subject of rights and duties. In any provisions of this act
     4  prescribing a fine, imprisonment or penalty, or any combination
     5  of the foregoing, the term "person" shall include the officers
     6  and directors of any corporation or other legal entity having
     7  officers and directors.
     8     "Pressure vessel."  A vessel used in industrial processes
     9  designated to withstand pressures above 15 psig.
    10     "Private tank inspector."  A person certified by the
    11  Department of Environmental Resources to conduct environmental
    12  audits and inspections of storage tanks. A private tank
    13  inspector shall not be an employee of a tank owner.
    14     "Process vessel."  A vessel in industrial or commercial
    15  operation in which, during use, there is a mechanical, physical
    16  or chemical change of the contained substances taking place. The
    17  industrial or commercial process may be mixing, separating,
    18  chemically altering, dehydrating, extracting, refining or
    19  polishing of the substances in the tank. The term "process
    20  vessel" does not include tanks used to store substances prior to
    21  sale or to store feedstock prior to additional processing.
    22     "Regulated substance."  An element, compound, mixture,
    23  solution or substance that, when released into the environment,
    24  may present substantial danger to the public health, welfare or
    25  the environment. The term includes:
    26         (1)  Any substance defined in section 101(14) of the
    27     Comprehensive Environmental Response, Compensation, and
    28     Liability Act of 1980 (Public Law 96-510, 94 Stat. 2767), not
    29     including any substance regulated as a hazardous waste under
    30     Subtitle C of the Resource Conservation and Recovery Act of
    19890S0280B0287                  - 8 -

     1     1976 (Public Law 94-580, 42 U.S.C. § 6901 et seq.).
     2         (2)  Petroleum, including crude oil or any fraction
     3     thereof, which is liquid at standard conditions of
     4     temperature and pressure (60 degrees Fahrenheit and 14.7
     5     pounds per square inch absolute), including, but not limited
     6     to, oil, petroleum, fuel oil, oil sludge, oil refuse, oil
     7     mixed with other wastes and crude oils, gasoline and
     8     kerosene.
     9  The term does not include the storage or use of animal waste in
    10  normal agricultural practices.
    11     "Release."  Any spilling, leaking, emitting, discharging,
    12  escaping, leaching or disposing from a storage tank into waters
    13  of this Commonwealth or subsurface soils.
    14     "Secondary containment."  An additional layer of impervious
    15  material creating a space in which a leak of a regulated
    16  substance from a storage tank may be detected before it enters
    17  the environment.
    18     "Secretary."  The Secretary of Environmental Resources of the
    19  Commonwealth.
    20     "Small aboveground storage tank."  Any aboveground storage
    21  tank having a capacity equal to or less than 21,000 gallons.
    22     "Storage tank."  Any aboveground or underground storage tank
    23  which is used for the storage of any regulated substance.
    24     "Substantially modify."  The construction, refurbishment or
    25  restoration of an existing storage tank which alters the
    26  physical integrity of the tank.
    27     "Tank facility."  An area in which one or more aboveground
    28  storage tanks are located, excluding small aboveground storage
    29  tanks.
    30     "Underground storage tank."  Any one or combination of
    19890S0280B0287                  - 9 -

     1  underground tanks (including underground pipes connected
     2  thereto) which are used to contain an accumulation of regulated
     3  substances, and the volume of which (including the volume of the
     4  underground pipes connected thereto) is 10% or more beneath the
     5  surface of the ground. This definition and regulations
     6  promulgated under this act shall not include:
     7         (1)  Farm or residential tanks of 1,100 gallons or less
     8     capacity used for storing motor fuel for noncommercial
     9     purposes.
    10         (2)  Tanks used for storing heating oil for consumptive
    11     use on the premises where stored.
    12         (3)  Septic tanks.
    13         (4)  A pipeline facility (including gathering lines)
    14     regulated under:
    15             (i)  The Natural Gas Pipeline Safety Act of 1968
    16         (Public Law 90-481, 82 Stat. 720).
    17             (ii)  The Hazardous Liquid Pipeline Safety Act of
    18         1979 (Public Law 96-129, 93 Stat. 1003).
    19         (5)  An interstate or intrastate pipeline facility
    20     regulated under State laws comparable to the provisions of
    21     law in paragraph (4).
    22         (6)  Surface impoundments, pits, ponds or lagoons.
    23         (7)  Storm water or wastewater collection systems.
    24         (8)  Flow-through process tanks.
    25         (9)  Liquid traps or associated gathering lines directly
    26     related to oil or gas production and gathering operations.
    27         (10)  Storage tanks situated in an underground area (such
    28     as a basement, cellar, mine working, drift, shaft or tunnel)
    29     if the storage tank is situated upon or above the surface of
    30     the floor.
    19890S0280B0287                 - 10 -

     1         (11)  Any underground storage tank system whose capacity
     2     is 110 gallons or less.
     3  Section 104.  Construction.
     4     This act and the regulations promulgated under this act shall
     5  be liberally construed in order to fully protect the public
     6  health, welfare and safety of the residents of this
     7  Commonwealth.
     8  Section 105.  API.
     9     A reference in this act to "API" in relation to publications
    10  shall be deemed to be a reference to the appropriate technical
    11  publication, including appendices, of the American Petroleum
    12  Institute.
    13                             CHAPTER 3
    14                  STORAGE TANK PROTECTION PROGRAM
    15  Section 301.  Establishment of program.
    16     (a)  Authority.--The department shall establish, implement
    17  and administer a comprehensive program for storage tank
    18  protection by providing for regulation of the installation,
    19  location, removal and closure of storage tanks and establishing
    20  an inventory review procedure and inspection program to insure
    21  the structural integrity of existing and new storage tanks.
    22     (b)  Rules and regulations for aboveground and underground
    23  storage tanks.--The department shall develop separate regulatory
    24  programs pursuant to provisions of sections 310 and 311
    25  governing underground storage tanks and aboveground storage
    26  tanks. Regulations governing underground storage tanks as
    27  proposed by the department and adopted by the Environmental
    28  Quality Board, shall be no more stringent than rules and
    29  regulations adopted by the Federal Environmental Protection
    30  Agency. The department shall develop regulations which are based
    19890S0280B0287                 - 11 -

     1  on industry practices and standards as embodied in the existing
     2  regulations governing aboveground and underground storage tanks.
     3  Section 302.  Aboveground storage tank permits.
     4     (a)  General rule.--Except as provided in section 305, no
     5  person shall own, construct, operate, renovate, install, replace
     6  or substantially modify an aboveground storage tank unless
     7  authorized by the department through policies, rules or
     8  regulations or by obtaining a permit from the department and
     9  such person has paid the necessary fees required by this act.
    10     (b)  Amended permits.--The owner or operator of an
    11  aboveground storage tank shall apply to the department for an
    12  amended permit whenever any one of the following factors occurs:
    13         (1)  A significant change in the location, construction,
    14     reconstruction or operation of a permitted aboveground
    15     storage tank. For the purpose of this subsection, significant
    16     change shall be defined as the disassembly and relocation of
    17     the aboveground storage tank from one site to another site.
    18         (2)  The removal of a permitted aboveground storage tank.
    19     (c)  Application content.--Applications for aboveground
    20  storage tank permits shall be submitted, in writing, by a
    21  certified tank installer, to the department in such form and
    22  with such accompanying data as shall be prescribed by
    23  regulations, and shall include, to the extent that a good faith
    24  effort has been made by the applicant, but not be limited to, a
    25  map identifying the exact location of the tank; a description of
    26  the construction of the tank, including the material out of
    27  which the tank is constructed; the age and manufacturer of the
    28  tank; the design of the storage tank facilities, including any
    29  pumping, venting, secondary containment system and safety
    30  equipment; the products to be stored in the tank; and the
    19890S0280B0287                 - 12 -

     1  location of the facility relative to surface water. The
     2  department shall have the authority to deny permits, or include
     3  in each permit general and specific conditions to insure the
     4  proper operation of the aboveground storage tank.
     5     (d)  Review of applications.--The department shall make a
     6  determination regarding whether an application is reasonably
     7  complete within 45 days of the filing of an application with the
     8  department and shall identify all areas in which an application
     9  is incomplete when issuing a notice of deficiency. The
    10  department shall review any amended application filed in
    11  response to a notice of deficiency within 30 days of the filing
    12  of the amended application with the department. Nothing in this
    13  section shall prohibit the department and the applicant from
    14  agreeing to extend any deadline for action provided by this
    15  section. Nothing in this section shall prohibit the department
    16  from requesting and accepting supplemental information,
    17  explanations and clarifications regarding the content of an
    18  application prior to the deadline for department action.
    19     (e)  Permit fee.--Each application shall be accompanied by a
    20  permit fee as established by regulations under section 311 of
    21  this act.
    22     (f)  Transfer of permit.--Written approval by the department
    23  is required for the transfer of permits.
    24     (g)  Renewal of permit.--A permit to operate an aboveground
    25  storage tank shall be renewed every ten years.
    26     (h)  Inspections.--The department shall require tanks to be
    27  inspected prior to operation and periodically thereafter.
    28  Section 303.  Small aboveground storage tanks.
    29     (a)  General rule.--Except as provided in section 305, no
    30  person shall own, construct, operate, renovate, install, replace
    19890S0280B0287                 - 13 -

     1  or substantially modify any small aboveground storage tank
     2  unless authorized by the department through policies, rules or
     3  regulations or by obtaining a permit and such person has paid
     4  the necessary fees required under this act.
     5     (b)  Application submittal.--The permit application or other
     6  department-approved application for the installation of a small
     7  aboveground storage tank after the effective date of this act
     8  shall be submitted by a certified tank installer prior to
     9  installation of the tank.
    10     (c)  Application content.--Applications for a small
    11  aboveground storage tank shall be submitted, in writing, to the
    12  department in such a form and with such accompanying data as
    13  shall be prescribed by regulation, and shall include, to the
    14  extent a good faith effort has been made by the applicant, but
    15  not be limited to, a description of the construction of the
    16  tank, including the material out of which the tank is
    17  constructed; the age and manufacturer of the tank; the design of
    18  the storage tank facilities, including any pumping, vending,
    19  secondary containment and safety equipment; and the products to
    20  be stored in the tank.
    21     (d)  Review of applications.--An application submitted by a
    22  certified tank installer is deemed approved by the department
    23  unless the department disapproves the application within ten
    24  days of submittal. The department shall review any amended
    25  application filed in response to a notice of deficiency within
    26  ten days of the filing of the amended application with the
    27  department. Nothing in this section shall prohibit the
    28  department and the applicant from agreeing to extend any
    29  deadline for action provided by this section. Nothing in this
    30  section shall prohibit the department from requesting and
    19890S0280B0287                 - 14 -

     1  accepting supplemental information, explanations and
     2  clarifications regarding the content of an application prior to
     3  the deadline for department action.
     4     (e)  Permit fee.--Each application shall be accompanied by a
     5  permit fee as established under section 311 of this act.
     6     (f)  Transfer of permit.--Written approval by the department
     7  is required for the transfer of permits.
     8     (g)  Inspections.--The department shall require tanks to be
     9  inspected prior to operation and periodically thereafter.
    10  Section 304.  Underground storage tank permits.
    11     (a)  General rule.--Except as provided for in section 305, no
    12  person shall own, construct, operate, renovate, install, replace
    13  or substantially modify any underground storage tank unless
    14  authorized by the department through department policies, rules
    15  or regulations or by obtaining a permit and such person has paid
    16  the necessary fees required under this act.
    17     (b)  Application submitted.--The permit application or other
    18  department-approved application for the installation of any
    19  underground storage tank after the effective date of this act
    20  shall be submitted by a certified tank installer prior to
    21  installation of the tank.
    22     (c)  Application content.--Applications for underground
    23  storage tank shall be submitted, in writing, to the department
    24  in such form and with such accompanying data as shall be
    25  prescribed by regulation, and shall include, to the extent that
    26  a good faith effort has been made by the applicant, but not be
    27  limited to, a description of the construction of the tank,
    28  including the material out of which the tank is constructed; the
    29  age and manufacturer of the tank; installation procedures; and
    30  safety equipment and leak detection system. The department shall
    19890S0280B0287                 - 15 -

     1  have the authority to deny applications or include in each
     2  application general and specific conditions based on promulgated
     3  regulations to insure that any new underground storage tank and
     4  existing underground storage tank meet the Federal requirements
     5  and deadlines for tank construction.
     6     (d)  Review of applications.--An application submitted by a
     7  certified tank installer is deemed approved by the department
     8  unless the department disapproves the application within ten
     9  days of submission. The department shall review any amended
    10  application filed in response to a notice of deficiency within
    11  ten days of the filing of the amended application with the
    12  department. Nothing in this section shall prohibit the
    13  department and the applicant from the agreeing to extend any
    14  deadline for action provided by this section. Nothing in this
    15  section shall prohibit the department from requesting and
    16  accepting supplemental information, explanations and
    17  clarifications regarding the content of an application prior to
    18  the deadline for department action.
    19     (e)  Permit fee.--Each application shall be accompanied by a
    20  permit fee as established under section 311 of this act.
    21     (f)  Transfer of permit.--Written approval by the department
    22  is required for the transfer of permits.
    23     (g)  Inspections.--The department shall require tanks to be
    24  inspected prior to operation and periodically thereafter.
    25  Section 305.  Operation under existing permits.
    26     (a)  General rule.--The provisions of sections 302(a), 303(a)
    27  and 304(a) shall not apply to any person who was issued a valid
    28  aboveground storage tank permit or a valid underground storage
    29  tank permit by the State Fire Marshal under 37 Pa. Code Ch. 11
    30  (relating to preliminary provisions) or 13 (relating to storage
    19890S0280B0287                 - 16 -

     1  and use) or by a local fire marshal in a city of the first class
     2  under the act of June 8, 1911 (P.L.705, No.281), entitled "An
     3  act creating the office of Fire Marshal, to be attached to the
     4  Department of Public Safety in cities of the first class;
     5  prescribing his duties and powers; and providing penalties for
     6  violations of the provisions of the act; and providing for the
     7  method of appointment, compensation, and for the maintenance of
     8  his office," or a fire marshal in a county of the second class
     9  under the act of July 28, 1953 (P.L.723, No.230), known as the
    10  Second Class County Code, if the person holding that permit
    11  fully complies with subsection (b).
    12     (b)  Repermitting.--
    13         (1)  Within two years of the effective date of this act,
    14     every person issued a permit under subsection (a) for any
    15     aboveground storage tank, including a small aboveground
    16     storage tank, which is certified by that person to be ten
    17     years of age or older shall apply to the department for a new
    18     permit.
    19         (2)  Within three years of the effective date of this
    20     act, every person issued a permit under subsection (a) for
    21     any aboveground storage tank, including a small aboveground
    22     storage tank, which is certified by that person to be less
    23     than ten years of age shall apply to the department for a new
    24     permit.
    25         (3)  Within three years of the effective date of this
    26     act, every person issued a permit under subsection (a) for
    27     any underground storage tank shall apply to the department
    28     for a new permit.
    29  Section 306.  Registration of aboveground and underground
    30                 storage tanks.
    19890S0280B0287                 - 17 -

     1     (a)  Existing aboveground storage tanks.--The owner of an
     2  existing aboveground storage tank shall, within one year of the
     3  effective date of this act, register each aboveground storage
     4  tank with the department.
     5     (b)  New aboveground storage tanks.--The owner of any
     6  aboveground storage tanks constructed after the effective date
     7  of this act shall register the aboveground storage tank with the
     8  department in addition to obtaining a permit under section 302.
     9     (c)  New underground storage tanks.--The owner of any new
    10  underground storage tank shall register said tank with the
    11  department upon applying for a permit under section 303.
    12     (d)  Existing underground storage tanks.--The owner of any
    13  existing underground storage tank that has not registered that
    14  tank with the department pursuant to Subtitle I of the Resource
    15  Conservation and Recovery Act of 1976 (Public Law 94-580, 42
    16  U.S.C. § 6901 et seq.) shall register said tank with the
    17  department within 60 days of the effective date of this act.
    18     (e)  Registration forms.--The department shall continue to
    19  use the existing underground storage tank registration as
    20  required by Federal law. The registration form for aboveground
    21  storage tanks, including small aboveground storage tanks, shall
    22  be substantially similar to the underground storage tank
    23  registration form.
    24     (f)  Initial registration fees.--Until such time that
    25  regulations on registration fees are promulgated under section
    26  311, each registration application shall be accompanied with a
    27  registration fee that shall be $600 for each aboveground storage
    28  tank, $300 for each small aboveground storage tank and $150 for
    29  each underground storage tank.
    30     (g)  Renewal.--Each registration issued under this section
    19890S0280B0287                 - 18 -

     1  shall be renewed every three years as determined from the date
     2  of the last registration. Renewals shall continue until the time
     3  that the department receives written notification from the owner
     4  that the storage tank has been permanently closed.
     5  Section 307.  Inspection of aboveground storage tanks.
     6     (a)  General rule.--The department shall have the authority
     7  to inspect all aboveground storage tanks in accordance with
     8  procedures and standards promulgated by the department.
     9     (b)  Inspection report.--As a condition to operate any
    10  permitted storage tank, including aboveground storage tanks, the
    11  permittee shall maintain records and complete an annual report
    12  form as prescribed by the Environmental Quality Board which will
    13  include, but not be limited to, the following information:
    14         (1)  The results of the most recent hydrostatic test.
    15         (2)  Any changes outside the permitted usage of the
    16     system.
    17         (3)  Any changes in the monitoring program.
    18         (4)  Any unaccounted inventory occurrences.
    19     (c)  Aboveground storage tank testing requirements.--Any
    20  owner of an aboveground storage tank, excluding a small
    21  aboveground storage tank, shall conduct a hydrostatic test on
    22  new aboveground storage tanks or substantially modified
    23  aboveground storage tanks. Each existing aboveground storage
    24  tank, excluding a small aboveground storage tank, shall undergo
    25  an out-of-service inspection at least once every ten years.
    26  Section 308.  Inspection and inventory records of underground
    27                 storage tanks.
    28     (a)  General rule.--The department shall have the authority
    29  to inspect all underground tanks in accordance with procedures
    30  and standards set forth in department regulations.
    19890S0280B0287                 - 19 -

     1     (b)  Inventory records.--The owner or operator of any
     2  underground storage tanks shall maintain inventory records for
     3  each underground storage tank which shall be maintained at the
     4  site of the facility for at least one year.
     5     (c)  Monitoring systems.--The owner or operator of an
     6  underground storage tank shall install, maintain and operate
     7  monitoring systems in accordance with manufacturer's
     8  requirements and department regulations.
     9  Section 309.  Certification of storage tank installers and
    10                 private tank inspectors.
    11     The department shall have the authority to establish a
    12  certification system for tank installers and private tank
    13  inspectors by regulation. The department is authorized to
    14  certify through training and testing programs and shall also be
    15  empowered to revoke or suspend the certification of a tank
    16  installer or private tank inspector pursuant to regulations
    17  promulgated under section 311. Any certification issued by the
    18  department under this section shall be valid for a period of
    19  five years.
    20  Section 310.  Small operator assistance program for underground
    21                 storage tanks.
    22     The department shall establish, implement and administer a
    23  small operator assistance program within 180 days of the
    24  effective date of this act. The small operator assistance
    25  program shall provide information on compliance with this act
    26  and other technical assistance to small operators located in
    27  rural areas who pump, on a monthly basis, less than 3,000
    28  gallons retail motor fuel sales.
    29  Section 311.  Environmental Quality Board.
    30     (a)  Rules and regulations.--The Environmental Quality Board
    19890S0280B0287                 - 20 -

     1  shall have the power and its duty shall be to review the
     2  existing regulations governing storage tanks and adopt rules and
     3  regulations governing the location, siting, installation,
     4  operation, monitoring, classification and permitting of storage
     5  tanks as it deems necessary for the implementation of this act.
     6  The Environmental Quality Board shall, in developing
     7  regulations, use the recommendations and standard procedures
     8  developed by the American Petroleum Institute, American Society
     9  of Testing and Materials, National Association of Corrosion
    10  Engineers, National Fire Protection Association, and
    11  Underwriters Laboratories. Until the Environmental Quality Board
    12  adopts rules and regulations:
    13         (1)  The existing regulations governing the location,
    14     siting, installation and operation, monitoring and permitting
    15     of storage tanks set forth at 37 Pa. Code Chs. 11 (relating
    16     to preliminary provisions) and 13 (relating to storage and
    17     use) shall remain in effect.
    18         (2)  No person shall install a new or reconstructed
    19     aboveground storage tank or modify an aboveground storage
    20     tank unless the tank meets all applicable technical
    21     requirements set forth by the American Petroleum Institute in
    22     each of the following (including any appendices):
    23             (i)  API-12B - Bolted Tanks for Storage of Production
    24         Liquids.
    25             (ii)  API-12D - Field Welded Tanks for Storage of
    26         Production Liquids.
    27             (iii)  API-12F - Shop Welded Tanks for Storage of
    28         Production Liquids.
    29             (iv)  API-12H - New Bottoms for Old Tanks.
    30             (v)  API-12P - Fiberglass Tanks for Storage of
    19890S0280B0287                 - 21 -

     1         Production Liquids.
     2             (vi)  API-620 - Large Welded Low Pressure Storage
     3         Tanks.
     4             (vii)  API-650 - Large Welded Storage Tanks
     5         (Atmospheric).
     6         (3)  Unless modified by the rules and regulations of the
     7     department, the owner shall, along with the registration form
     8     required by this act, submit a certification by a registered
     9     professional engineer that the requirements of paragraph (2)
    10     have been met.
    11         (4)  For underground tanks, until the effective date of
    12     standards promulgated by the Administrator of the
    13     Environmental Protection Agency under section 9003(e) of the
    14     Solid Waste Disposal Act (Public Law 89-272, 42 U.S.C. §
    15     6991), no person shall install an underground storage tank
    16     unless the underground storage tank meets all of the
    17     following requirements:
    18             (i)  The tank is designed to prevent releases due to
    19         corrosion or structural failure for the operational life
    20         of the tank.
    21             (ii)  The tank is cathodically protected against
    22         corrosion, constructed of noncorrosive material, steel
    23         clad with a noncorrosive material, or designed in a
    24         manner to prevent the release or threatened release of
    25         any stored substance.
    26             (iii)  The material used in the construction or
    27         lining of the tank is compatible with the substance to be
    28         stored.
    29             (iv)  Notwithstanding subparagraphs (i), (ii) and
    30         (iii), if soil tests conducted in accordance with ASTM
    19890S0280B0287                 - 22 -

     1         Standard G57-78, or another standard approved by the
     2         Administrator of the Environmental Protection Agency,
     3         show that soil resistivity in an installation location is
     4         12,000 ohm/cm or more (unless a more stringent standard
     5         is prescribed by the Administrator of the Environmental
     6         Protection Agency by rule), a storage tank without
     7         corrosion protection may be installed in that location
     8         during the period referred to above.
     9     (b)  Requirements for aboveground storage tanks.--The
    10  Environmental Quality Board shall, by regulation, adopt
    11  aboveground storage tank standards, excluding a small
    12  aboveground storage tank, which shall include, but shall not be
    13  limited to:
    14         (1)  Dike integrity.
    15         (2)  Liner requirements.
    16         (3)  Steel thickness based on storage capacity.
    17         (4)  Testing requirements for new and substantially
    18     modified aboveground storage tanks.
    19         (5)  Closure requirements.
    20         (6)  Corrosion control features.
    21         (7)  Monitoring standards.
    22         (8)  Recordkeeping requirements.
    23         (9)  Performance and design standards for new and
    24     substantially modified aboveground storage tanks.
    25         (10)  Inspection requirements for existing aboveground
    26     storage tanks.
    27         (11)  Standards to protect against fire and explosion
    28     hazards.
    29     (c)  Requirements for small aboveground storage tanks.--The
    30  board shall, by regulation, adopt small aboveground storage tank
    19890S0280B0287                 - 23 -

     1  standards which shall include, but not be limited to:
     2         (1)  Testing requirements for new and substantially
     3     modified small aboveground storage tanks.
     4         (2)  Performance and design standards consistent with the
     5     manufacturer's specifications for the small aboveground
     6     storage tank model.
     7         (3)  Monitoring standards consistent with the
     8     manufacturer's specifications for the small aboveground
     9     storage tank model.
    10         (4)  Requirements for closure.
    11         (5)  Recordkeeping requirements.
    12         (6)  Inspection requirements for existing small
    13     aboveground storage tanks.
    14         (7)  Standards to protect against fire and explosion
    15     hazards.
    16     (d)  Fees.--The board shall establish separate fees for
    17  aboveground storage tanks, small aboveground storage tanks and
    18  underground storage tanks for:
    19         (1)  Permit applications and amendments.
    20         (2)  Registration applications and transfers.
    21         (3)  Inspections.
    22         (4)  Certification fees for tank installers and private
    23     tank inspectors.
    24     (e)  Regulations governing underground storage tanks.--The
    25  board shall, by regulation, adopt underground storage tank
    26  design and safety standards which shall be consistent with, and
    27  not more stringent than, the Federal regulations governing
    28  underground storage tanks. The regulations shall include:
    29         (1)  Corrosion control features, including cathodic
    30     protection.
    19890S0280B0287                 - 24 -

     1         (2)  Monitoring standards and monitoring systems
     2     including electric or mechanical devices, monitoring wells,
     3     tank testing or other methods of monitoring approved by the
     4     department.
     5         (3)  Recordkeeping requirements of any monitoring or leak
     6     detection systems, inventory control system or underground
     7     storage tank testing system.
     8         (4)  Tank testing requirements pursuant to paragraph (2)
     9     for underground storage tanks which considers such factors as
    10     the regulated substance stored, proximity of the underground
    11     storage tank to potable water supplies and soil conditions.
    12         (5)  Testing schedule requirements for the periodic
    13     testing of structural integrity of the underground storage
    14     tank without a monitoring system.
    15         (6)  Procedures for reporting of any release and the
    16     corrective action taken in response to a discharge from an
    17     underground storage tank.
    18         (7)  Requirements for corrective action in response to a
    19     release from an underground storage tank by the owner or
    20     operator of the underground storage tank.
    21         (8)  Performance standards for new and substantially
    22     modified existing underground storage tanks including design
    23     construction, installation and release detection standards.
    24         (9)  Standards to protect against fire and explosion
    25     hazards.
    26  Section 312.  Industry Technical Advisory Board.
    27     (a)  Establishment.--There shall be created as an
    28  administrative board within the department the Industry
    29  Technical Advisory Board. The board shall consist of nine
    30  members, all of whom shall be chosen by the Governor and shall
    19890S0280B0287                 - 25 -

     1  be residents of this Commonwealth. Three members shall be
     2  qualified persons experienced in storage tank design and
     3  installation with three years of experience in this
     4  Commonwealth. One member shall be an owner or operator of an
     5  aboveground storage tank. One member shall be an owner or
     6  operator of an underground storage tank. One member shall be a
     7  registered professional engineer with three years of experience
     8  in this Commonwealth. One member shall be an engineer with three
     9  years of experience in design and installation of aboveground
    10  storage tanks in this Commonwealth, who shall be chosen from a
    11  list of three names submitted by the Citizens Advisory Council
    12  to the Governor and who shall sit as a representative of the
    13  public interest. One member shall be a representative of local
    14  government. One member shall be a representative of county
    15  government.
    16     (b)  Expenses.--Advisory board members shall not receive a
    17  salary but shall be reimbursed for all necessary expenses
    18  incurred in the performance of their duties.
    19     (c)  Procedure.--All actions of the advisory board shall be
    20  by majority vote. The advisory board shall meet upon the call of
    21  the secretary, but not less than semiannually, to carry out its
    22  duties under this act. The board shall select a chairman and
    23  such other officers as it deems appropriate.
    24     (d)  Consultation.--The department shall consult with the
    25  advisory board in the formulation, drafting and presentation
    26  stages of all regulations of a technical nature promulgated
    27  under this act. The advisory board shall be given a reasonable
    28  opportunity to review and comment on all regulations of a
    29  technical nature prior to submission to the Environmental
    30  Quality Board for initial consideration. The written report of
    19890S0280B0287                 - 26 -

     1  the board shall be presented to the Environmental Quality Board
     2  with any regulatory proposal. The chairman of the advisory board
     3  shall be invited to participate in the presentation of all
     4  regulations of a technical nature before the Environmental
     5  Quality Board to the extent allowed by procedures of the
     6  Environmental Quality Board. Nothing herein shall preclude any
     7  member of the advisory board from filing a petition for
     8  rulemaking with the Environmental Quality Board in accordance
     9  with procedures established by the Environmental Quality Board.
    10                             CHAPTER 5
    11                   SPILL PREVENTION RESPONSE PLAN
    12  Section 501.  Submission of spill prevention response plan.
    13     (a)  Schedule.--Accompanying the registration form as set
    14  forth in section 306, each owner of an aboveground storage tank
    15  or tank facility shall submit to the department within one year
    16  of the effective date of this act a plan for each aboveground
    17  storage tank or tank facility. Each plan shall be site-specific
    18  and be consistent with the requirements of this act. This
    19  chapter shall not apply to small aboveground storage tanks.
    20     (b)  Plan revisions.--Each owner of an aboveground storage
    21  tank or tank facility with an approved spill prevention response
    22  plan shall submit a revised plan or addendum to the plan to the
    23  department in accordance with the requirements of this act if
    24  any of the following occur:
    25         (1)  Substantial changes in design, construction,
    26     operation, maintenance of the storage tank or tank facility
    27     or other circumstances that increase the potential for fires,
    28     explosions or releases of regulated substances.
    29         (2)  Substantial changes in emergency equipment at the
    30     facility.
    19890S0280B0287                 - 27 -

     1         (3)  Substantial changes in tank facility emergency
     2     organization.
     3         (4)  Revision of applicable department regulations.
     4         (5)  Failure of the plan in an emergency.
     5         (6)  The removal or the addition of any storage tank or
     6     storage tanks.
     7         (7)  Otherwise deemed necessary by the department.
     8     (c)  Existing plans.--All existing plans covering storage
     9  tanks approved by the department pursuant to the act of June 22,
    10  1937 (P.L.1987, No.394), known as The Clean Streams Law, and
    11  known as preparedness, prevention and contingency plans must be
    12  revised within one year of the effective date of this act.
    13  Section 502.  Content of spill prevention response plan.
    14     (a)  Description of facility.--The plan shall identify and
    15  describe the industrial or commercial activity which occurs at
    16  the site, including a specific listing and inventory of all
    17  types of products stored, amount of products stored and wastes
    18  generated which are stored at the aboveground storage tank or
    19  tank facility. The plan shall include drawings of the
    20  aboveground storage tank facility, including location of all
    21  drainage pipes and water outlets.
    22     (b)  Description of the organization structure for plan
    23  implementation.--The plan shall identify all individuals and
    24  their duties and responsibilities for developing, implementing
    25  and maintaining the plan. The plan shall describe in detail the
    26  chain of command at the aboveground storage tank or storage tank
    27  facility and list all emergency coordinators, emergency response
    28  contractors and local emergency response agencies.
    29     (c)  Spill leak prevention and response.--The plan shall
    30  provide a preventive maintenance program that includes
    19890S0280B0287                 - 28 -

     1  monitoring and inspection procedures, including identification
     2  of stress points, employee training program and security system.
     3     (d)  Countermeasure.--The plan shall explain in detail the
     4  specific response that emergency personnel shall take upon the
     5  occurrence of any release at the facility.
     6     (e)  Emergency spill control network.--The plan shall include
     7  information obtained by the owner of the aboveground storage
     8  tank facility from the county and municipal emergency management
     9  agencies.
    10     (f)  Other information.--The owner shall provide the
    11  department with all other information required by the department
    12  to carry out its duties under this act.
    13  Section 503.  Review of spill prevention response plan.
    14     (a)  Written notice.--The owner of the aboveground storage
    15  tank facility located adjacent to surface waters shall provide
    16  public notice to all downstream municipalities, downstream water
    17  companies and downstream industrial users within 20 miles of the
    18  aboveground storage tank facility site and the local
    19  municipality and county in which the facility is located upon
    20  submission of the plan to the department. All comments must be
    21  submitted to the department within 30 days.
    22     (b)  Review and comment.--Upon receipt of the plan, the
    23  department shall forward copies to the Pennsylvania Emergency
    24  Management Agency, the Pennsylvania Fish Commission and the
    25  local and county emergency management agencies for review and
    26  comment. All comments must be submitted within 90 days.
    27     (c)  Department action.--Within 30 days after completion of
    28  the comment period, the department shall approve the plan or
    29  disapprove the plan and provide the owner of the storage tank or
    30  tank facility with specific reasons for the disapproval. The
    19890S0280B0287                 - 29 -

     1  owner of the storage tank or tank facility shall submit a
     2  revised plan to the department which the department shall act
     3  upon within 30 days.
     4  Section 504.  Notification.
     5     (a)  Procedure.--Upon the occurrence of a release at the
     6  aboveground storage tank, the owner or operator of a storage
     7  tank shall immediately notify the department, the Pennsylvania
     8  Emergency Management Agency and the local emergency management
     9  agency. All downstream water companies, downstream
    10  municipalities and downstream industrial users within 20 miles
    11  of the aboveground storage tank located adjacent to surface
    12  waters shall be notified on a priority basis based on the
    13  proximity of the release by the owner or operator or the agent
    14  of the owner or operator of the aboveground storage tank within
    15  two hours of any release which enters a water supply or which
    16  threatens the water supply of downstream users.
    17     (b)  Notification list.--The owner of the aboveground storage
    18  tank or tank facility located adjacent to surface waters shall
    19  annually obtain and annually update a list from the local
    20  emergency management agency of all downstream municipal water
    21  users, water companies and industrial users within 20 miles of
    22  the tank facility.
    23     (c)  State agency.--Notwithstanding any Federal law to the
    24  contrary, the department is hereby designated as the State
    25  agency empowered to direct emergency cleanup efforts at a
    26  release site upon the occurrence of a release.
    27     (d)  Other emergency response plans.--Notwithstanding Chapter
    28  5 to the contrary, the spill prevention response plan shall be
    29  developed by the owner of the aboveground storage tank and
    30  approved by the department consistent with the emergency
    19890S0280B0287                 - 30 -

     1  management procedures developed by local emergency management
     2  agencies under Title III of the Superfund Amendments and
     3  Reauthorization Act of 1986 (Public Law 99-499, 100 Stat. 1613).
     4                             CHAPTER 7
     5                        FINANCIAL PROVISIONS
     6  Section 701.  Financial responsibility.
     7     (a)  Regulations of department.--The department is authorized
     8  to establish, by regulation, requirements for maintaining
     9  evidence of financial responsibility as deemed necessary and
    10  desirable, for taking corrective action and for compensating
    11  third parties for bodily injury and property damage caused by
    12  sudden and nonsudden releases arising from operation of a
    13  storage tank. Standards for underground storage tanks shall be
    14  identical to the coverage provided by the Underground Storage
    15  Tank Indemnification Fund in sections 704, 705 and 706. Every
    16  owner or operator shall meet the financial responsibility
    17  requirements established by the department.
    18     (b)  Methods of obtaining financial responsibility.--
    19  Financial responsibility required by this section may be
    20  established in accordance with regulations promulgated by the
    21  department by any one, or any combination of the following:
    22  insurance, guarantee, surety, bond, letter of credit,
    23  qualification as a self insurer, indemnity contract, risk
    24  retention coverage, or any other method deemed satisfactory by
    25  the department. Owners of underground tanks must meet these
    26  requirements by complying with sections 704, 705 and 706. In
    27  regulations or policy under this section, the department is
    28  authorized to specify policy or other contractual terms,
    29  conditions, or defenses which are necessary or acceptable in
    30  establishing such evidence of financial responsibility.
    19890S0280B0287                 - 31 -

     1     (c)  Bankruptcy of owner or operator.--In any case where the
     2  owner or operator is in bankruptcy, reorganization, or
     3  arrangement pursuant to the Federal Bankruptcy Code or where
     4  with reasonable diligence jurisdiction in any State court or the
     5  Federal courts cannot be obtained over an owner or operator
     6  likely to be insolvent at the time of judgment, any claim
     7  arising from conduct for which evidence of financial
     8  responsibility must be provided under this subsection may be
     9  asserted directly against the guarantor providing such evidence
    10  of financial responsibility. In the case of any action pursuant
    11  to this subsection, such guarantor shall be entitled to invoke
    12  all rights and defenses which would have been available to the
    13  owner or operator if any action had been brought against the
    14  owner or operator by the claimant and which would have been
    15  available to the guarantor if an action had been brought against
    16  the guarantor by the owner or operator.
    17     (d)  Guarantor liability.--The total liability of any
    18  guarantor shall be limited to the aggregate amount which the
    19  guarantor has provided as evidence of financial responsibility
    20  to the owner or operator under this section. Nothing in this
    21  subsection shall be construed to limit any other State or
    22  Federal statutory, contractual or common law liability of a
    23  guarantor to its owner or operator, including, but not limited
    24  to, the liability of such guarantor for bad faith either in
    25  negotiating or in failing to negotiate the settlement of any
    26  claim. Nothing in this subsection shall be construed to diminish
    27  the liability of any person under section 107 or 111 of the
    28  Comprehensive Environmental Response, Compensation and Liability
    29  Act of 1980 or other applicable statutes.
    30     (e)  Definition.--As used in this subsection, the term
    19890S0280B0287                 - 32 -

     1  "guarantor" means any person, other than the owner or operator,
     2  who provides evidence of financial responsibility for an owner
     3  or operator under this subsection.
     4  Section 702.  Storage Tank Fund.
     5     (a)  Establishment of fund.--There is hereby created a
     6  special nonlapsing fund in the State Treasury to be known as the
     7  Storage Tank Fund. All fees, fines, judgments, bond forfeitures
     8  and recovered costs collected by the department under this act
     9  shall be paid into the Storage Tank Fund. All moneys placed in
    10  the Storage Tank Fund are hereby appropriated to the department
    11  for the costs of operating the aboveground and underground
    12  storage tank programs, including activities necessary for the
    13  elimination of releases from storage tanks and any other
    14  activities necessary to meet the requirements of this act. The
    15  fund shall also be available to pay third party claims as
    16  required by the department under section 701(a) where the owner
    17  or operator of an aboveground tank has not complied with the
    18  requirements of section 701. No more than 75% of the fund shall
    19  be available for departmental administration costs for this act.
    20     (b)  Supplements to fund.--The Storage Tank Fund may be
    21  supplemented by appropriations from the General Assembly, the
    22  Federal, State or local government or from any private source.
    23     (c)  Liability for costs.--Whenever costs have been incurred
    24  by the Commonwealth for taking corrective action or paying
    25  damages with respect to a storage tank regulated by this act,
    26  the owner or operator, as may be appropriate, of such tank shall
    27  be strictly liable, without fault, to the Commonwealth for such
    28  costs, subject to the defenses set forth as follows:
    29         (1)  An act or omission caused by war.
    30         (2)  An act or omission caused by sabotage.
    19890S0280B0287                 - 33 -

     1         (3)  An act of God.
     2     (d)  Effect of liability on property.--Any costs incurred by
     3  the Commonwealth for taking corrective action or paying damages
     4  with respect to a release from a storage tank regulated under
     5  this act shall constitute in each instance a debt of the owner
     6  or operator, as may be appropriate, to the Storage Tank Fund.
     7  The debt shall constitute a lien on all property owned by said
     8  owner or operator when a notice of lien incorporating a
     9  description of the property of the owner or operator subject to
    10  the action and an identification of the amount of expenditure
    11  from the fund is duly filed with the prothonotary of the court
    12  of common pleas where the property is located. The prothonotary
    13  shall promptly enter upon the civil judgment or order docket the
    14  name and address of the owner or operator, as may be
    15  appropriate, and the amount of the lien as set forth in the
    16  notice of lien. Upon entry by the prothonotary, the lien shall
    17  attach to the revenues and all real and personal property of the
    18  owner or operator, whether or not the owner or operator is
    19  solvent. The notice of lien filed pursuant to this subsection
    20  which affects the property of the owner or operator shall create
    21  a lien with priority over all subsequent claims or liens which
    22  are filed against the owner or operator.
    23     (e)  Third party claims against the fund.--
    24         (1)  Claims shall be filed with the department not later
    25     than two years after the date of discovery of damages or not
    26     later than five years after the date of the incident which
    27     caused the damage. The department shall develop forms and
    28     procedures for such claims.
    29         (2)  The department shall inform all affected parties
    30     within ten days of receipt of the claim.
    19890S0280B0287                 - 34 -

     1         (3)  Any person who knowingly gives false information as
     2     part of a claim, in addition to other penalties in this act,
     3     commits a misdemeanor of the third degree, punishable by a
     4     fine not to exceed $10,000.
     5         (4)  The department shall attempt to promote and arrange
     6     settlement between the claimant and the person responsible
     7     for the discharge. If the parties fail to agree upon a
     8     settlement then the claim shall be resolved by binding
     9     arbitration with a three-member panel chosen by the
    10     department and based on the information filed by both
    11     parties.
    12  Section 703.  Underground Storage Tank Indemnification Board.
    13     (a)  Establishment of board, appointment and terms.--There is
    14  hereby created the Underground Storage Tank Indemnification
    15  Board which shall consist of seven members. The Insurance
    16  Commissioner and the Secretary of the Department of
    17  Environmental Resources shall be ex officio members. Five
    18  members shall be appointed by the Governor, as follows:
    19         (1)  Three members who shall be persons with particular
    20     expertise in the management of underground petroleum storage
    21     tanks. Two of these members shall be appointed for terms of
    22     four years and one shall be appointed for a term of three
    23     years. The Governor shall appoint the members, one each from
    24     a list of nominees provided by each of the following:
    25             (i)  The Associated Petroleum Industries of
    26         Pennsylvania.
    27             (ii)  The Pennsylvania Petroleum Association.
    28             (iii)  The Service Station Dealers and Automotive
    29         Repair Association of Pennsylvania and Delaware and the
    30         Petroleum Retailers and Auto Repair Association, Inc.
    19890S0280B0287                 - 35 -

     1     The Governor may reject any or all of the nominees contained
     2     on the lists provided above, and may request that additional
     3     lists of nominees be provided to him.
     4         (2)  One local government member who shall have knowledge
     5     and expertise in underground storage tanks. The local
     6     government member shall be appointed for a term of two years.
     7         (3)  One public member who shall not be an owner or
     8     operator of storage tanks nor affiliated in any way with any
     9     person regulated under this act. The public member shall be
    10     appointed for a term of three years.
    11     (b)  Chairman.--The board shall select a chairman from its
    12  members annually.
    13     (c)  Vacancies.--Vacancies in appointed positions shall be
    14  filled by the Governor in the same manner as the original
    15  appointment. Members shall serve until their successors are
    16  appointed and qualified.
    17     (d)  Compensation.--Members shall receive no compensation for
    18  their service other than reimbursement for necessary expenses in
    19  accordance with Commonwealth regulations.
    20     (e)  Conflicts.--No member shall participate in making any
    21  decision in a matter involving any payment from which he or his
    22  employer may benefit or which may benefit a member of his
    23  immediate family.
    24     (f)  Meetings and quorum.--The board shall meet at least
    25  quarterly. Additional meetings may be held upon reasonable
    26  notice at times and locations selected by the board. The board
    27  shall meet at the call of the chairman or upon written request
    28  of three members of the board. Four members shall constitute a
    29  quorum and a quorum may act for the board in all matters.
    30  Section 704.  Underground Storage Tank Indemnification Fund.
    19890S0280B0287                 - 36 -

     1     (a)  Establishment of fund.--There is hereby created a
     2  special fund in the State Treasury to be known as the
     3  Underground Storage Tank Indemnification Fund. This fund shall
     4  consist of the fees assessed by the board under section 705(d),
     5  amounts recovered by the board due to fraudulent or improper
     6  claims or as penalties for failure to pay fees when due, and
     7  funds earned by the investment and reinvestment of the moneys
     8  collected. Moneys in the fund are hereby appropriated to the
     9  board for the purpose of making payments to owners and operators
    10  of underground petroleum storage tanks who incur liability for
    11  taking corrective action or for bodily injury or property damage
    12  caused by an accidental release from underground petroleum
    13  storage tanks. The fund shall be the sole source of payments
    14  under this act, and the Commonwealth shall have no liability
    15  beyond the amount of the fund.
    16     (b)  Limit of payments.--Payments to eligible owners or
    17  operators shall be limited to the actual costs of corrective
    18  action and the amount of an award of damages by a court of
    19  competent jurisdiction for bodily injury, property damage, or
    20  both, not to exceed a total of $1,000,000 per tank per
    21  occurrence. Payments of claims against the fund shall be subject
    22  to a deductible as provided in section 705.
    23     (c)  Prohibited uses.--Moneys in the fund shall not be used
    24  for the repair, replacement or maintenance of underground
    25  petroleum storage tanks or improvement of property on which the
    26  tanks are located.
    27     (d)  Expenses.--All costs and expenses of the board shall be
    28  paid from the fund, including, but not limited to, compensation
    29  of employees and any independent contractors or consultants.
    30  Section 705.  Powers and duties of Underground Storage Tank
    19890S0280B0287                 - 37 -

     1                 Indemnification Board.
     2     (a)  Support.--The board may employ the personnel necessary
     3  to process fee payments to administer claims made against the
     4  Underground Storage Tank Indemnification Fund and to carry out
     5  the purposes of the board. The board may also contract for the
     6  services of attorneys, consultants and actuaries necessary to
     7  advise the board in establishing fees under subsection (d) and
     8  deductible amounts under subsection (c).
     9     (b)  Claims.--The board shall establish procedures by which
    10  owners and operators may make claims for costs estimated or
    11  incurred in taking corrective action and for liability due to
    12  bodily injury and property damage caused by an accidental
    13  release from underground petroleum storage tanks. Claims
    14  determined to be eligible shall be paid upon receipt of
    15  information required under regulations which the board shall
    16  promulgate. The board, by regulation, may establish a system for
    17  prioritizing claims.
    18     (c)  Deductible.--
    19         (1)  Claims shall be subject to a deductible amount which
    20     the board shall set annually. The board shall give at least
    21     30 days' notice of a proposed change in deductible amounts by
    22     publication in the Pennsylvania Bulletin, and the change
    23     shall take effect on the date specified in the notice. Each
    24     owner or operator shall be responsible for the amount of the
    25     deductible as provided in section 705.
    26         (2)  The board shall set the initial deductible for
    27     corrective action claims at $75,000 per tank per occurrence.
    28     Thereafter, the deductible shall be based on an estimate of
    29     the average cost of taking corrective action due to an
    30     accidental release from underground petroleum storage tanks
    19890S0280B0287                 - 38 -

     1     in this Commonwealth. The board shall not set a deductible in
     2     an amount lower than $50,000 per tank per occurrence.
     3         (3)  The board shall set the initial deductible for
     4     claims due to bodily injury, property damage, or both, at
     5     $150,000 per tank per occurrence. Thereafter, the deductible
     6     shall be based on an estimate of the average award for
     7     settlement of third-party claims involving bodily injury,
     8     property damage, or both, caused by accidental release from
     9     underground petroleum storage tanks in this Commonwealth. The
    10     board shall not set a deductible in an amount lower than
    11     $100,000 per tank per occurrence.
    12     (d)  Fees.--The board, by regulations, shall establish fees
    13  to be paid by the owner or operator, as appropriate, of
    14  underground petroleum storage tanks. Fees shall be set on an
    15  actuarial basis in order to provide an amount sufficient to pay
    16  outstanding and anticipated claims against the Underground
    17  Storage Tank Indemnification Fund in a timely manner. Fees shall
    18  also include an amount sufficient to meet all other financial
    19  requirements of the board. Fees shall be adjusted as deemed
    20  necessary by the board, but no more than once a year.
    21     (e)  Payment of fees.--Fees established under subsection (d)
    22  shall be paid by the owner of the tank unless a written
    23  agreement between the owner and the operator provides otherwise.
    24  A person who fails or refuses to pay the fee or a part of the
    25  fee by the date established by the board shall be assessed a
    26  penalty of 5% of the amount due which shall accrue on the first
    27  day of delinquency and be added thereto. Thereafter, on the last
    28  day of each month during which any part of any fee or any prior
    29  accrued penalty remains unpaid, an additional 5% of the then
    30  unpaid balance shall accrue and be added thereto.
    19890S0280B0287                 - 39 -

     1     (f)  Additional powers.--The board shall have additional
     2  powers as may be necessary to carry out its duties under this
     3  act, including, but not limited to, the following:
     4         (1)  To make contracts and execute all instruments
     5     necessary or convenient for carrying on of its business.
     6         (2)  To make bylaws for the management and regulation of
     7     its affairs and to adopt, amend and repeal rules, regulations
     8     and guidelines governing the administrative procedures and
     9     business of the board and operation and administration of the
    10     fund. Regulations of the board shall be subject to review
    11     under the act of June 25, 1982 (P.L.633, No.181), known as
    12     the Regulatory Review Act.
    13         (3)  To sue or be sued concerning claims arising as a
    14     result of a release from an underground petroleum storage
    15     tank and to implead and be impleaded, complain and defend in
    16     all courts.
    17         (4)  To conduct examinations and investigations and take
    18     testimony under oath or affirmation on any matter necessary
    19     to the determination of approval or disapproval of any claim.
    20  Section 706.  Eligibility of claimants.
    21     In order to receive a payment from the Underground Storage
    22  Tank Indemnification Fund, a claimant shall meet the following
    23  eligibility requirements:
    24         (1)  The claimant is the owner or operator of the
    25     underground tank which is the subject of the claim.
    26         (2)  The fee required under section 705 has been paid.
    27         (3)  The tank has been registered in accordance with the
    28     requirements of section 306.
    29         (4)  The owner or operator has obtained a permit, if
    30     required under sections 304 and 305.
    19890S0280B0287                 - 40 -

     1         (5)  The claimant demonstrates to the satisfaction of the
     2     board that the release that is the subject of the claim
     3     occurred after the date established by the board for payment
     4     of the fee required by section 705(d).
     5         (6)  Additional eligibility requirements which the board
     6     may adopt by regulation.
     7  Section 707.  Audit.
     8     The board shall contract for an annual independent audit of
     9  the Underground Storage Tank Indemnification Fund.
    10  Section 708.  Sunset review.
    11     The Underground Storage Tank Indemnification Fund and the
    12  board shall be subject to periodic evaluation, review and
    13  termination or continuation under the act of December 22, 1981
    14  (P.L.508, No.142), known as the Sunset Act, every five years
    15  commencing with an initial termination date of December 31,
    16  1993. Nothing in the Sunset Act or this section shall be
    17  construed to invalidate any claim submitted prior to the date of
    18  termination.
    19                             CHAPTER 9
    20         SITING OF NEW ABOVEGROUND STORAGE TANK FACILITIES
    21  Section 901.  Siting of new aboveground storage tank facilities.
    22     (a)  Procedure.--The owner or operator of an existing or
    23  proposed aboveground tank facility shall provide written
    24  notification to the local municipality and county in which the
    25  aboveground tank facility is situated or to be located prior to
    26  submitting an application for an aboveground storage permit to
    27  construct or reconstruct an additional aboveground storage tank
    28  at the aboveground storage tank facility or construct a new
    29  aboveground storage tank facility. This chapter shall not apply
    30  to small aboveground storage tanks. For purposes of this
    19890S0280B0287                 - 41 -

     1  chapter, the term "tank facility" means an area in which two or
     2  more aboveground storage tanks are located.
     3     (b)  Public hearings.--Upon submission to the department of
     4  the permit application to construct any new aboveground tank
     5  facility, the department may hold a public hearing in the
     6  municipality or county in which the aboveground tank facility is
     7  proposed to be located. The department shall publish the permit
     8  application in the Pennsylvania Bulletin upon receipt of the
     9  permit application and provide not more than a 60-day comment
    10  period.
    11     (c)  Public comment on aboveground storage tank permit.--The
    12  department shall publish the aboveground storage tank permit
    13  application in the Pennsylvania Bulletin upon receipt of the
    14  permit application and provide a 30-day comment period for new
    15  aboveground storage tank facilities consistent with section 310.
    16  Section 902.  Siting criteria for aboveground tank facilities.
    17     The Environmental Quality Board shall promulgate siting
    18  regulations for new aboveground storage tank facilities
    19  consistent with section 310 which shall contain detailed site
    20  specific provisions which an applicant shall use to evaluate a
    21  potential site. The regulations shall include, but not be
    22  limited to, consideration for public health and safety,
    23  protection of water supply sources, water quality, air quality,
    24  flooding, topography, soil conditions and hydrogeology. The
    25  Environmental Quality Board shall hold at least one public
    26  hearing on the siting regulations and shall solicit and take
    27  into consideration written public comments, prior to final
    28  adoption.
    29                             CHAPTER 11
    30                      ENFORCEMENT AND REMEDIES
    19890S0280B0287                 - 42 -

     1  Section 1101.  Unlawful conduct.
     2     (a)  Offenses defined.--It shall be unlawful for any person
     3  to:
     4         (1)  Sell, distribute, provide or fill any storage tank
     5     with a regulated substance unless the storage tank has a
     6     valid registration issued under this act and the regulations
     7     promulgated hereunder.
     8         (2)  Violate, or cause or assist in the violation of, any
     9     provision of this act, any regulation promulgated hereunder,
    10     any order issued hereunder, or the terms or conditions of any
    11     spill prevention and response plan approved by the department
    12     under this act.
    13         (3)  Fail to adhere to the schedule set forth in, or
    14     pursuant to, this act for developing or submitting to the
    15     department a spill prevention and response plan.
    16         (4)  Hinder, obstruct, prevent or interfere with the
    17     department or its personnel in the performance of any duty
    18     under this act.
    19         (5)  Violate the provisions of 18 Pa.C.S. § 4903
    20     (relating to false swearing) or 4904 (relating to unsworn
    21     falsification to authorities) in complying with any provision
    22     of this act, including, but not limited to, providing or
    23     preparing any information required by this act.
    24     (b)  Public nuisance.--All unlawful conduct set forth in
    25  subsection (a) shall also constitute a public nuisance.
    26  Section 1102.  Enforcement orders.
    27     (a)  Issuance.--The department may issue such orders to
    28  persons as it deems necessary to aid in the enforcement of the
    29  provisions of this act. The orders may include, but shall not be
    30  limited to, orders requiring compliance with the provisions of
    19890S0280B0287                 - 43 -

     1  this act and the regulations promulgated pursuant thereto. Any
     2  order issued under this act shall take effect upon notice,
     3  unless the order specifies otherwise. The power of the
     4  department to issue an order under this act is in addition to
     5  any other remedy which may be afforded to the department
     6  pursuant to this act or any other act.
     7     (b)  Compliance.--It shall be the duty of any person to
     8  proceed diligently to comply with any order issued pursuant to
     9  subsection (a). If such person fails to proceed diligently or
    10  fails to comply with the order within such time, if any, as may
    11  be specified, such person shall be guilty of contempt and shall
    12  be punished by the court in an appropriate manner, and for this
    13  purpose, application may be made by the department to the
    14  Commonwealth Court, which is hereby granted jurisdiction.
    15  Section 1103.  Civil penalties.
    16     (a)  Assessment.--In addition to proceeding under any other
    17  remedy available at law or in equity for a violation of any
    18  provision of this act, the regulations promulgated hereunder or
    19  any order of the department issued hereunder, the department may
    20  assess a civil penalty upon a person for the violation. The
    21  penalty may be assessed whether or not the violation was willful
    22  or negligent. In determining the amount of the penalty, the
    23  department shall consider the willfulness of the violation;
    24  damage to air, water, land or other natural resources of this
    25  Commonwealth or their uses; cost of restoration and abatement;
    26  savings resulting to the person in consequence of the violation;
    27  deterrence of future violations; and other relevant factors. If
    28  the violation leads to issuance of a cessation order, a civil
    29  penalty shall be assessed.
    30     (b)  Escrow.--When the department assesses a civil penalty,
    19890S0280B0287                 - 44 -

     1  it shall inform the person of the amount of the penalty. The
     2  person charged with the penalty shall then have 30 days to pay
     3  the penalty in full or, if the person wishes to contest either
     4  the amount of the penalty or the fact of the violation, either
     5  to forward the proposed amount to the department for placement
     6  in an escrow account with the State Treasurer or with a bank in
     7  this Commonwealth or to post an appeal bond in the amount of the
     8  penalty. The bond must be executed by a surety licensed to do
     9  business in this Commonwealth and must be satisfactory to the
    10  department. If, through administrative or judicial review of the
    11  proposed penalty, it is determined that no violation occurred or
    12  that the amount of the penalty shall be reduced, the department
    13  shall, within 30 days, remit the appropriate amount to the
    14  person, with an interest accumulated by the escrow deposit.
    15  Failure to forward the money or the appeal bond to the
    16  department within 30 days shall result in a waiver of all legal
    17  rights to contest the violation or the amount of the penalty.
    18     (c)  Amount.--The maximum civil penalty which may be assessed
    19  pursuant to this section is $10,000 per violation. Each
    20  violation for each separate day and each violation of any
    21  provision of this act, any regulation promulgated hereunder or
    22  any order issued hereunder shall constitute a separate offense
    23  under this section.
    24     (d)  Statute of limitations.--Notwithstanding any other
    25  provision of law to the contrary, there shall be a statute of
    26  limitations of seven years upon actions brought by the
    27  Commonwealth under this section.
    28  Section 1104.  Criminal penalties.
    29     (a)  Summary offense.--Any person who initially violates any
    30  provision of Chapter 3, any regulation promulgated thereunder,
    19890S0280B0287                 - 45 -

     1  any order issued thereunder or the terms or conditions of any
     2  permit shall, upon conviction thereof in a summary proceeding,
     3  be sentenced to pay a fine of not less than $100 nor more than
     4  $1,000 and costs and, in default of the payment of such fine and
     5  costs, to imprisonment for not more than 30 days.
     6     (b)  Misdemeanor offense.--Any person who willfully violates
     7  any other provision of this act, any regulation promulgated
     8  hereunder, any order issued hereunder or the terms or conditions
     9  of any permit commits a misdemeanor of the third degree and
    10  shall, upon conviction, be sentenced to pay a fine of not less
    11  than $1,000 nor more than $10,000 per day for each violation or
    12  to imprisonment for a period of not more than one year, or both.
    13     (c)  Second or subsequent offense.--Any person who, within
    14  two years after a conviction of a misdemeanor for any willful
    15  violation of this act, willfully violates the same provision of
    16  this act at the same facility, any regulation promulgated
    17  hereunder, any order issued hereunder or the terms or conditions
    18  of any permit commits a misdemeanor of the second degree and
    19  shall, upon conviction, be sentenced to pay a fine of not less
    20  than $2,500 nor more than $25,000 for each violation or to
    21  imprisonment for a period of not more than two years, or both.
    22     (d)  Violations to be separate offenses.--Each violation of
    23  any provision of this act, any regulation promulgated hereunder,
    24  any order issued hereunder or the terms or conditions of any
    25  permit shall constitute a separate offense under subsections
    26  (a), (b) and (c).
    27  Section 1105.  Production of materials; recordkeeping
    28                 requirements.
    29     (a)  Authority of department.--The department and its agents
    30  and employees shall:
    19890S0280B0287                 - 46 -

     1         (1)  Have access to, and require the production of, books
     2     and papers, documents and physical evidence pertinent to any
     3     matter under investigation.
     4         (2)  Require any person holding a permit to establish and
     5     maintain such records and make such reports and furnish such
     6     information as the department may prescribe.
     7         (3)  Have the authority to enter any building, property,
     8     premises or place where a storage tank is located for the
     9     purposes of making an investigation or inspection necessary
    10     to ascertain the compliance or noncompliance by any person
    11     with the provisions of this act and the regulations
    12     promulgated under this act. In connection with the inspection
    13     or investigation, samples may be taken for analysis. If
    14     analysis is made of the samples, a copy of the results of the
    15     analysis shall be furnished within five business days after
    16     receiving the analysis to the person having apparent
    17     authority over the building, property, premises or place.
    18     (b)  Warrants.--An agent or employee of the department may
    19  apply for a search warrant to any Commonwealth official
    20  authorized to issue a search warrant for the purposes of
    21  inspecting or examining any property, building, premises, place,
    22  book, record or other physical evidence; of conducting tests; or
    23  of taking samples. The warrant shall be issued upon probable
    24  cause. It shall be sufficient probable cause to show any of the
    25  following:
    26         (1)  The inspection, examination, test or sampling is
    27     pursuant to a general administrative plan to determine
    28     compliance with this act.
    29         (2)  The agent or employee has reason to believe that a
    30     violation of this act has occurred or may occur.
    19890S0280B0287                 - 47 -

     1         (3)  The agent or employee has been refused access to the
     2     property, building, premises, place, book, record or physical
     3     evidence or has been prevented from conducting tests or
     4     taking samples.
     5  Section 1106.  Collection of fines, fees, etc.
     6     (a)  Lien.--All fines, fees, interest and penalties and any
     7  other assessments shall be collectible in any manner provided by
     8  law for the collection of debts. If the person liable to pay any
     9  such amount neglects or refuses to pay the same after demand,
    10  the amount, together with interest and any costs that may
    11  accrue, shall be a judgment in favor of the Commonwealth upon
    12  the property of such person, but only after same has been
    13  entered and docketed of record by the prothonotary of the county
    14  where the property is situated. The Commonwealth may at any time
    15  transmit to the prothonotaries of the respective counties
    16  certified copies of all such judgments, and it shall be the duty
    17  of each prothonotary to enter and docket the same of record in
    18  his office, and to index the same as judgments are indexed,
    19  without requiring the payment of costs as a condition precedent
    20  to the entry thereof.
    21     (b)  Deposit of fines.--All fines collected pursuant to
    22  sections 1103 and 1104 shall be paid into the Underground
    23  Storage Tank Indemnification Fund.
    24  Section 1107.  Public information.
    25     (a)  General rule.--Except as provided in subsection (b),
    26  records, reports or other information obtained under this act
    27  shall be available to the public for inspection or copying
    28  during regular business hours.
    29     (b)  Confidentiality.--The department may, upon request,
    30  designate records, reports or information as confidential when
    19890S0280B0287                 - 48 -

     1  the person providing the information demonstrates all of the
     2  following:
     3         (1)  The information contains the trade secrets,
     4     processes, operations, style of work or apparatus of a person
     5     or is otherwise confidential business information.
     6         (2)  The information does not relate to public health,
     7     safety or welfare, or the environment.
     8     (c)  Separation of information.--When submitting information
     9  under this act, a person shall designate the information which
    10  the person believes is confidential or shall submit that
    11  information separately from other information being submitted.
    12  Section 1108.  Relationship to other laws.
    13     The department shall take enforcement actions and actions to
    14  recover the Commonwealth's costs for undertaking corrective
    15  actions under this act before taking actions pursuant to the act
    16  of October 18, 1988 (P.L.756, No.108), known as the Hazardous
    17  Sites Cleanup Act.
    18                             CHAPTER 21
    19                      MISCELLANEOUS PROVISIONS
    20  Section 2101.  Appropriations.
    21     (a)  Storage Tank Fund.--The sum of $700,000, or as much
    22  thereof as may be necessary, is hereby appropriated to the
    23  Storage Tank Fund for the fiscal year July 1, 1988, to June 30,
    24  1989.
    25     (b)  Underground Storage Tank Indemnification Fund.--The sum
    26  of $300,000, or as much thereof as may be necessary, is hereby
    27  appropriated to the Underground Storage Tank Indemnification
    28  Fund for the fiscal year July 1, 1988, to June 30, 1989.
    29  Section 2102.  Severability.
    30     The provisions of this act are severable. If any provision of
    19890S0280B0287                 - 49 -

     1  this act or its application to any person or circumstance is
     2  held invalid, the invalidity shall not affect other provisions
     3  or applications of this act which can be given effect without
     4  the invalid provision or application.
     5  Section 2103.  Repeals.
     6     The following acts and parts of acts are repealed to the
     7  extent specified:
     8     Act of June 8, 1911 (P.L.705, No.281), entitled "An act
     9  creating the office of Fire Marshal, to be attached to the
    10  Department of Public Safety in cities of the first class;
    11  prescribing his duties and powers; and providing penalties for
    12  violations of the provisions of the act; and providing for the
    13  method of appointment, compensation, and for the maintenance of
    14  his office," insofar as it is inconsistent with this act, only
    15  to the extent that this act provides coverage over the same
    16  class of storage tanks and materials.
    17     Act of April 27, 1927 (P.L.450, No.291), referred to as the
    18  State Fire Marshal Law, insofar as the authority of the State
    19  Fire Marshal and the Pennsylvania State Police are to adopt and
    20  enforce rules and regulations governing the use, storage and
    21  sale and retention of gasoline, naphthalene, kerosene, fuel oil
    22  or other substances of like character, only to the extent that
    23  this act provides coverage over the same class of storage tanks
    24  and materials.
    25     Act of July 28, 1953 (P.L.723, No.230), known as the Second
    26  Class County Code, insofar as it is inconsistent with this act,
    27  only to the extent that this act provides coverage over the same
    28  class of storage tanks and materials.
    29     Act of November 26, 1978 (P.L.1300, No.314), known as the
    30  Underground Storage Act, insofar as it is inconsistent with this
    19890S0280B0287                 - 50 -

     1  act.
     2  Section 2104.  Effective date.
     3     This act shall take effect in 30 days.


















    A18L58DGS/19890S0280B0287       - 51 -