PRINTER'S NO. 401
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
408
Session of
2021
INTRODUCED BY MUTH, COMITTA AND COSTA, MARCH 12, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 12, 2021
AN ACT
Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
entitled "An act to provide for the better protection of the
health, general welfare and property of the people of the
Commonwealth by the control, abatement, reduction and
prevention of the pollution of the air by smokes, dusts,
fumes, gases, odors, mists, vapors, pollens and similar
matter, or any combination thereof; imposing certain powers
and duties on the Department of Environmental Resources, the
Environmental Quality Board and the Environmental Hearing
Board; establishing procedures for the protection of health
and public safety during emergency conditions; creating a
stationary air contamination source permit system; providing
additional remedies for abating air pollution; reserving
powers to local political subdivisions, and defining the
relationship between this act and the ordinances, resolutions
and regulations of counties, cities, boroughs, towns and
townships; imposing penalties for violation of this act; and
providing for the power to enjoin violations of this act; and
conferring upon persons aggrieved certain rights and
remedies," further providing for powers and duties of the
Department of Environmental Protection and for civil
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4(9) of the act of January 8, 1960 (1959
P.L.2119, No.787), known as the Air Pollution Control Act, is
amended by adding a subclause to read:
Section 4. Powers and Duties of the Department of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Environmental Protection.--The department shall have power and
its duty shall be to--
* * *
(9) * * *
(iii) Require all major facilities, as defined in 25 Pa.
Code § 121.1 (relating to definitions), to develop and maintain
a municipal notification plan designed to give notice to the
municipality where the major facility is situated and the
municipalities directly adjacent to the major facility in the
event of an industrial equipment breakdown or accident causing
air pollution, as defined in 25 Pa. Code § 121.1, that creates a
significant health risk to the municipality where the major
facility is situated and the municipalities directly adjacent to
the major facility. The municipal notification plan under this
subclause shall, at minimum:
(A) Require notification to the municipality where the major
facility is situated and the municipalities directly adjacent to
the major facility as soon as possible but not later than twelve
(12) hours after the breakdown or accident, unless the risk is
eliminated before notice is required.
(B) Establish the most expeditious way to deliver notice of
the risk to the municipality where the major facility is
situated and the municipalities directly adjacent to the major
facility.
(C) Communicate measures for community members to undertake
in order to mitigate the risks involved with the release of air
pollution, as defined in 25 Pa. Code § 121.1.
(D) Require yearly updates to the plan to ensure that
municipal contact procedures are up to date.
(E) In coordination with local air pollution control agency
20210SB0408PN0401 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with jurisdiction over the facility, require revisions to a
municipal notification plan of a major facility, as defined by
25 Pa. Code § 121.1.
* * *
Section 2. Section 9.1(a) of the act is amended to read:
Section 9.1. Civil Penalties.--(a) In addition to
proceeding under any other remedy available at law or in equity
for a violation of a provision of this act or any rule or
regulation promulgated under this act or any order, plan
approval or permit issued pursuant to this act, the department
may assess a civil penalty for the violation. The penalty may be
assessed whether or not the violation was wilful. The civil
penalty so assessed shall not exceed ten thousand dollars
($10,000.00) per day for each violation which occurs in the
first three (3) years following enactment of this section,
fifteen thousand dollars ($15,000.00) per day for each violation
which occurs in the fourth year following enactment of this
section [and], twenty-five thousand dollars ($25,000.00) per day
for each violation which occurs in the fifth year and [all
subsequent years following enactment of this section.] thirty-
seven thousand five hundred dollars ($37,500.00) per day per
violation thereafter. In determining the amount of the penalty,
the department shall consider the wilfulness of the violation;
damage to air, soil, water or other natural resources of the
Commonwealth or their uses; financial benefit to the person in
consequence of the violation; deterrence of future violations;
cost to the department; the size of the source or facility; the
compliance history of the source; the severity and duration of
the violation; degree of cooperation in resolving the violation;
the speed with which compliance is ultimately achieved; whether
20210SB0408PN0401 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the violation was voluntarily reported; other factors unique to
the owners or operator of the source or facility; and other
relevant factors.
* * *
Section 3. This act shall take effect in 60 days.
20210SB0408PN0401 - 4 -
1
2
3
4
5