PRINTER'S NO. 287
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 -