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A02445
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1842
Session of
2021
INTRODUCED BY ZIMMERMAN, BROOKS, HAMM, SAPPEY, MILLARD, GUENST,
WEBSTER, RADER AND QUINN, SEPTEMBER 9, 2021
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 9, 2021
AN ACT
Amending the act of June 22, 1937 (P.L.1987, No.394), entitled
"An act to preserve and improve the purity of the waters of
the Commonwealth for the protection of public health, animal
and aquatic life, and for industrial consumption, and
recreation; empowering and directing the creation of
indebtedness or the issuing of non-debt revenue bonds by
political subdivisions to provide works to abate pollution;
providing protection of water supply and water quality;
providing for the jurisdiction of courts in the enforcement
thereof; providing additional remedies for abating pollution
of waters; imposing certain penalties; repealing certain
acts; regulating discharges of sewage and industrial wastes;
regulating the operation of mines and regulating the impact
of mining upon water quality, supply and quantity; placing
responsibilities upon landowners and land occupiers and to
maintain primary jurisdiction over surface coal mining in
Pennsylvania," in general provisions and public policy,
further providing for definitions; and, in other pollutions
and potential pollution, providing for notice of discharge
endangering health or the environment.
Amending the act of June 22, 1937 (P.L.1987, No.394), entitled
"An act to preserve and improve the purity of the waters of
the Commonwealth for the protection of public health, animal
and aquatic life, and for industrial consumption, and
recreation; empowering and directing the creation of
indebtedness or the issuing of non-debt revenue bonds by
political subdivisions to provide works to abate pollution;
providing protection of water supply and water quality;
providing for the jurisdiction of courts in the enforcement
thereof; providing additional remedies for abating pollution
of waters; imposing certain penalties; repealing certain
acts; regulating discharges of sewage and industrial wastes;
regulating the operation of mines and regulating the impact
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of mining upon water quality, supply and quantity; placing
responsibilities upon landowners and land occupiers and to
maintain primary jurisdiction over surface coal mining in
Pennsylvania," in other pollutions and potential pollution,
providing for notice of discharge endangering public health
or environment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "pollution" in section 1 of the
act of June 22, 1937 (P.L.1987, No.394), known as The Clean
Streams Law, is amended to read:
Section 1. Definitions.--Be it enacted, &c., That the
following words or phrases, unless the context clearly indicates
otherwise, shall have the meanings ascribed to them in this
section.
* * *
"Pollution" shall be construed to mean contamination of any
waters of the Commonwealth such as will create or is likely to
create a nuisance or to render such waters harmful, detrimental
or injurious to public health, safety or welfare, or to
domestic, municipal, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, fish or other aquatic life,
including but not limited to such contamination by alteration of
the physical, chemical or biological properties of such waters,
or change in temperature, taste, color or odor thereof, or the
discharge of any liquid, gaseous, radioactive, solid or other
substances into such waters. The department shall determine when
a discharge constitutes pollution, as herein defined, and shall
establish standards whereby and wherefrom it can be ascertained
and determined whether any such discharge does or does not
constitute pollution as herein defined. An accidental discharge,
spill or release that does not cause a violation of any of the
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numeric water quality criteria under 25 Pa. Code (relating to
environmental protection) for the receiving water does not
constitute pollution.
* * *
Section 2. The act is amended by adding a section to read:
Section 404. Notice of Discharge Endangering Health or the
Environment.--A person who discharges, spills or releases a
substance to the waters of this Commonwealth, or to a location
from which it is likely to enter the waters of this
Commonwealth, taking into account any control and remedial
measures, must notify the department if the discharge, spill or
release is not authorized by a permit from the department and:
(1) causes or will cause a violation of water quality
criteria under 25 Pa. Code (relating to environmental
protection) for the receiving waters; or
(2) exceeds reportable quantities established under section
301 of the Federal Water Pollution Control Act (62 Stat. 1155,
33 U.S.C. ยง 1311).
Section 3. The Environmental Quality Board shall promulgate
regulations to carry out the provisions of this act and, within
90 days of the effective date of this section, the Environmental
Quality Board shall promulgate proposed regulations.
Section 4. This act shall take effect in 60 days.
Section 1. The act of June 22, 1937 (P.L.1987, No.394),
known as The Clean Streams Law, is amended by adding a section
to read:
Section 404. Notice of Discharge Endangering Public Health
or Environment.--(a) A person who spills, discharges or
releases a substance into the waters of this Commonwealth, or on
a location from which the substance is likely to enter the
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waters of this Commonwealth, taking into account any control and
remedial measures, shall notify the department if the spill,
discharge or release is not authorized by a permit from the
department and is likely to render the receiving waters harmful
to public health or the environment as determined by reportable
quantities or other readily ascertainable standards adopted by
regulation under subsection (c).
(b) No later than one hundred eighty days after the
effective date of this section, the Environmental Quality Board
shall publish for public comment proposed regulations
establishing reportable quantities or other readily
ascertainable standards by which a person under subsection (a)
may determine whether a spill, discharge or release is likely to
render the receiving waters harmful to public health or the
environment.
(c) No later than three hundred sixty-five days after the
effective date of this section, the Environmental Quality Board
shall promulgate final regulations establishing reportable
quantities or other readily ascertainable standards by which a
person under subsection (a) may determine whether a spill,
discharge or release is likely to render the receiving waters
harmful to public health or the environment.
Section 2. This act shall take effect in 60 days.
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