Pennsylvania Act 2001-99 — STORAGE TANK AND SPILL PREVENTION ACT - AMEND UNDERGROUND STORAGE TANK ENVIRONMENTAL CLEANUP PROGRAM

Act text

STORAGE TANK AND SPILL PREVENTION ACT - AMEND UNDERGROUND STORAGE TANK
                      ENVIRONMENTAL CLEANUP PROGRAM
                  Act of Dec. 13, 2001, P.L. 900, No. 99              Cl. 27
                             Session of 2001
                               No. 2001-99

     SB 837

                                  AN ACT

     Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as
        amended, "An act providing for the regulation of storage
        tanks and tank facilities; imposing additional powers and
        duties on the Department of Environmental Protection and the
        Environmental Quality Board; and making an appropriation,"
        further providing for payment of certain claims from the
        Underground Storage Tank Indemnification Fund and for
        Underground Storage Tank Environmental Cleanup Program.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 704(b) and (b.1) of the act of July 6,
     1989 (P.L.169, No.32), known as the Storage Tank and Spill
     Prevention Act, amended January 30, 1998 (P.L.46, No.13), are
     amended to read:
      Section 704.  Underground Storage Tank Indemnification Fund.
        * * *
        (b)  Limit of payments to owners or operators.--
            (1)  Payments to eligible owners or operators shall be
        limited to the actual costs of corrective action and the
        amount of an award of damages by a court of competent
        jurisdiction for bodily injury, property damage or both, not
        to exceed a total of [$1,000,000] $1,500,000 per tank per
        occurrence.
            (2)  Payments of claims against the fund shall be subject
        to a deductible as provided in section 705. Payments shall be
        made only for releases resulting from storage tanks that are
        located within this Commonwealth.
            (3)  Payments shall not exceed:
                (i)  an annual aggregate of [$1,000,000] $1,500,000
            for each owner and operator of 100 or less underground
            storage tanks; or
                (ii)  an annual aggregate of [$2,000,000] $3,000,000
            for each owner and operator of 101 or more underground
            storage tanks, up to the total of [$1,000,000] $1,500,000
            per tank per occurrence or the total eligible costs or
            damages.
            (4)  Any pending claim where eligibility has not been
        determined as of the effective date of this paragraph shall
        be eligible for the increased payment under this subsection.
        (b.1)  Limit of payments to certified tank installers.--
            (1)  Payments to certified tank installers shall be
        limited to the actual costs of corrective action and the
        amount of an award of damages by a court of competent
        jurisdiction for bodily injury, property damage or both, not
        to exceed a total of [$1,000,000] $1,500,000 per occurrence.
        Corrective action under this subsection shall mean releases
        caused by improper or faulty installations, modifications and
        removal of underground storage tanks.
            (2)  Payments of claims against the program shall be
        subject to a deductible as provided in section 705(c)(4).
        Payments shall be made only for releases resulting from
        underground storage tanks located in this Commonwealth.
            (3)  Payments shall not exceed:
                (i)  an annual aggregate of [$1,000,000] $1,500,000
            for certified tank installers who perform 100 or fewer
            installations or major modifications; or
                (ii)  an annual aggregate of [$2,000,000] $3,000,000
            for certified tank installers who perform more than 100
            installations or major modifications.
            (4)  Any pending claim where eligibility has not been
        determined as of the effective date of this paragraph shall
        be eligible for the increased payment under this subsection.
        * * *
        Section 2.  Section 710(b) of the act, added January 30, 1998
     (P.L.46, No.13), is amended and the section is amended by adding
     a subsection to read:
      Section 710.  Underground Storage Tank Environmental Cleanup
                    Program.
        * * *
        (b)  Allocation.--The board may allocate up to $5,500,000
     annually from the Underground Storage Tank Indemnification Fund
     for the Underground Storage Tank Environmental Cleanup Program
     as long as the allocation does not impede the fund's ability to
     pay claims. Any amounts recovered by the board and/or the
     Department of Environmental Protection from the costs of
     corrective action incurred under the Underground Storage Tank
     Environmental Cleanup Program shall be added to this allocation
     for the purposes stated in this subsection and shall annually
     lapse with this allocation.
        * * *
        (b.3)  Catastrophic release allocations.--
            (1)  The board may allocate up to $5,500,000 annually
        from the Underground Storage Tank Indemnification Fund for
        the Underground Storage Tank Environmental Cleanup Program to
        be used by the Department of Environmental Protection for
        corrective action caused by a catastrophic release providing
        the allocation does not impede the fund's actuarial soundness
        and ability to pay claims.
            (2)  For the purposes of this subsection, a catastrophic
        release is one that imposes a threat to public health and
        safety and the environment where the department determines
        that the costs of the corrective action may exceed two times
        the limits established under section 704.
        * * *
        Section 3.  This act shall take effect immediately.

     APPROVED--The 13th day of December, A. D. 2001.

     MARK S. SCHWEIKER