PRINTER'S NO. 3993
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2643
Session of
2018
INTRODUCED BY MURT, MILLARD, STEPHENS AND J. McNEILL,
SEPTEMBER 14, 2018
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 14, 2018
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "hazardous substance" in
section 103 of the act of October 18, 1988 (P.L.756, No.108),
known as the Hazardous Sites Cleanup Act, is amended 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:
* * *
"Hazardous substance."
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(1) Any element, compound or material which is:
(i) Designated as a hazardous waste under the act of
July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act, and the regulations promulgated thereto.
(ii) Defined or designated as a hazardous substance
pursuant to the Federal Superfund Act.
(iii) Contaminated with a hazardous substance to the
degree that its release or threatened release poses a
substantial threat to the public health and safety or the
environment as determined by the department.
(iv) Determined to be substantially harmful to
public health and safety or the environment based on a
standardized and uniformly applied department testing
procedure and listed in regulations proposed by the
department and promulgated by the Environmental Quality
Board.
(v) At the health advisory levels for
perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic
acid (PFOS) published by the Environmental Protection
Agency.
(2) The term does not include petroleum or petroleum
products, including crude oil or any fraction thereof, which
are not otherwise specifically listed or designated as a
hazardous substance under paragraph (1); natural gas, natural
gas liquids, liquified natural gas or synthetic gas usable
for fuel or mixtures of natural gas and synthetic gas usable
for fuel; or an element, substance, compound or mixture from
a coal mining operation under the jurisdiction of the
department or from a site eligible for funding under Title IV
of the Surface Mining Control and Reclamation Act of 1977
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(Public Law 95-87, 30 U.S.C. ยง 1201 et seq.). The term shall
also not include the following wastes generated primarily
from the combustion of coal or other fossil fuels for the
production of electricity: slag waste; flue gas emission
control waste; and fly ash waste and bottom ash waste which
is disposed of or beneficially used in accordance with the
Solid Waste Management Act and the regulations promulgated
thereto or which has been disposed of under a valid permit
issued pursuant to any other environmental statute.
* * *
Section 2. This act shall take effect in 60 days.
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