PRINTER'S NO. 2191
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1640
Session of
2017
INTRODUCED BY O'NEILL, WATSON, STEPHENS, MURT, D. COSTA, DeLUCA
AND MILLARD, JUNE 29, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 29, 2017
AN ACT
Amending the act of October 18, 1988 (P.L.756, No.108), entitled
"An act providing for the cleanup of hazardous waste sites;
providing further powers and duties of the Department of
Environmental Resources and the Environmental Quality Board;
providing for response and investigations for liability and
cost recovery; establishing the Hazardous Sites Cleanup Fund;
providing for certain fees and for enforcement, remedies and
penalties; and repealing certain provisions relating to the
rate of the capital stock franchise tax," in preliminary
provisions, further providing for definitions and providing
for Governor may declare disaster emergency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of the act of October 18, 1988
(P.L.756, No.108), known as the Hazardous Sites Cleanup Act, is
amended by adding a definition to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Special drinking water resource-impacted community." A
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municipality whose surface or groundwater resources used for
public drinking water supply purposes have been impaired by
emerging contaminants, methane or other gases or catastrophic
releases of pollutants to such water resources for which
treatment or alternative water supply development or procurement
is required on an emergency basis to protect public health and
safety.
* * *
Section 2. The act is amended by adding a section to read:
Section 105. Governor may declare disaster emergency.
(a) General rule.--The Governor shall have emergency
authority in accordance with 35 Pa.C.S. ยง 7301 (relating to
general authority of Governor) to declare any municipality a
special drinking water resource-impacted community based on the
discovery of a release or threatened release of hazardous
substances, a polyfluoroalkyl substance or perfluorinated
chemical, including, but not limited to, perfluorooctane
sulfonate (PFOS) and perfluorooctanoic acid (PFOA), if PFOS and
PFOA are present in groundwater or surface water measured at or
above 15 parts per trillion, individually or in the aggregate,
or other pollutants in or to the municipality's public water
supply system.
(b) Special drinking water resource-impacted communities.--
The Governor may establish alternative or incident-specific
drinking water standards and cleanup standards for impaired
surface or groundwater resources in a special drinking water
resource-impacted community. Standards established in accordance
with this section shall take effect immediately upon
establishment by the Governor and remain in effect for 24 months
or until such time as the Governor has rescinded or amended the
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standard, the emergency condition and public health threat has
been abated or, with respect to drinking water resources, either
a final rulemaking is published by the Environmental Quality
Board establishing a maximum contaminant level for the substance
under provisions of the act of May 1, 1984 (P.L.206, No.43),
known as the Pennsylvania Safe Drinking Water Act or a final
rulemaking is published by the Environmental Protection Agency
establishing a maximum contaminant level.
(c) Grants.--Special drinking water resource-impacted
communities shall be eligible to receive PENNVEST grants of up
to $???? per impacted water supply source. The grants may be
used to provide treatment to impacted public water supplies,
extension of water lines, booster stations, pressure management
equipment, interconnection of private water users to public
water supply systems and analytical sampling and to procure
alternative water supply resources.
Section 3. This act shall take effect in 60 days.
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