act-1999-0-68•Pennsylvania Act 1999-68 — ENVIRONMENTAL RESOURCES (27 PA.C.S.)
Pennsylvania Act 1999-68 — ENVIRONMENTAL RESOURCES (27 PA.C.S.)
act-1999-0-681999 Pa. Act 68Law
Act text
ENVIRONMENTAL RESOURCES (27 PA.C.S.)
Act of Dec. 15, 1999, P.L. 949, No. 68 Cl. 27
Session of 1999
No. 1999-68
HB 868
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for watershed protection and
environmental stewardship; establishing the Environmental
Stewardship Fund; conferring powers and duties on the
Department of Agriculture, the Department of Conservation and
Natural Resources, the Department of Environmental Protection
and the Pennsylvania Infrastructure Investment Authority;
imposing a recycling fee; providing for use of site-specific
postclosure funds and for immunity for certain persons who
reclaim abandoned lands or abate certain water pollution;
making appropriations; and making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding parts to read:
TITLE 27
ENVIRONMENTAL PROTECTION
Part
I. Preliminary Provisions (Reserved)
II. Administrative Provisions (Reserved)
III. Conservation and Natural Resources (Reserved)
IV. Environmental Protection (Reserved)
V. Special Programs
VI. Sanctions and Remedies
VII. Miscellaneous Provisions (Reserved)
PART I
PRELIMINARY PROVISIONS
(Reserved)
PART II
ADMINISTRATIVE PROVISIONS
(Reserved)
PART III
CONSERVATION AND NATURAL RESOURCES
(Reserved)
PART IV
ENVIRONMENTAL PROTECTION
(Reserved)
PART V
SPECIAL PROGRAMS
Chapter
61. Environmental Stewardship and Watershed Protection.
CHAPTER 61
ENVIRONMENTAL STEWARDSHIP AND WATERSHED PROTECTION
Sec.
6101. Short title of chapter.
6102. Legislative findings.
6103. Definitions.
6104. Fund.
6105. Agencies.
6106. Property and equipment restrictions.
6107. Federal programs.
6108. Wild Resource Conservation Fund and duties of Department of
Conservation and Natural Resources.
6109. Sewage construction payments to municipalities.
6110. Environmental infrastructure grants to water and
wastewater treatment facilities.
6111. Protection of Recycling Fund.
6112. Extension of fees.
6113. Effect of repeal of site-specific postclosure fund
provisions.
§ 6101. Short title of chapter.
This chapter shall be known and may be cited as the
Environmental Stewardship and Watershed Protection Act.
§ 6102. Legislative findings.
The General Assembly hereby determines, declares and finds as
follows:
(1) Ninety-six percent of the water-quality-impaired
watersheds in this Commonwealth are polluted because of
nonpoint sources of pollution such as past mining activities,
urban and agricultural runoff, atmospheric deposition, on-lot
sewage systems and earthmoving.
(2) The Commonwealth continues to have unmet needs in
the area of water and sewer infrastructure. New and improved
water sources, treatment and distribution systems are
necessary for public drinking water supplies.
(3) The Commonwealth owns approximately 2.4 million
acres of State park and State forest lands and many of these
lands suffer from past environmental problems, including
unreclaimed mines, acid mine drainage and abandoned oil and
gas wells.
(4) Open space, greenways, recreational trails, river
corridors, fish and wildlife habitats, parks and recreation
areas and scenic environments protect the environment,
conserve natural resources and add value to communities.
(5) State programs and State funding should provide
maximum flexibility for elected county and municipal
governmental officials to identify, prioritize and address
local environmental concerns, including odor abatement
problems at sewage treatment plants.
§ 6103. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Acquisition." The purchase or lease with an option to
purchase of land, easements or buildings for public parks,
conservation, historical or recreation uses.
"Authority." The Pennsylvania Infrastructure Investment
Authority.
"Authorized organization." An entity involved in research,
restoration, rehabilitation, planning, acquisition, development,
education or other activities, which furthers the protection,
enhancement, conservation, preservation or enjoyment of this
Commonwealth's environmental, conservation, recreation or
similar resources. The organization must be a tax-exempt
institution under section 501(c)(3) of the Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) and
registered with the Bureau of Charitable Organizations or an
educational institution involved in these authorized activities
or a municipal authority.
"Departments." The Department of Agriculture, the Department
of Conservation and Natural Resources and the Department of
Environmental Protection of the Commonwealth.
"Development." New construction, improvement, alteration or
renovation required for and compatible with the physical
development or improvement of land or buildings.
"Fund." The Environmental Stewardship Fund established in
section 6104 (relating to fund).
"Interior land." Land that has at least 65% of its boundary
lines immediately bordered by either State forest or State park
lands.
"Planning." The preparation of park, recreation and open
space plans, river corridor and watershed plans, master site
development plans, feasibility studies, natural areas studies
and inventories, greenways and recreational trail plans,
maintenance management plans, conservation plans, zoning plans,
land use plans, environmental management plans and research or
education documents useful in assisting municipalities,
Commonwealth agencies, conservation districts, watershed
organizations and authorized organizations to address
environmental improvement, natural resource management, park and
recreation development and land conservation.
"Recreational trail." A thoroughfare or track across water,
land or snow used for motorized and/or nonmotorized recreational
purposes.
"Rehabilitation and repair." Restoration or renovation of
facilities or conditions of existing public conservation and
recreation resources. The term excludes routine maintenance.
"Technical assistance." Provision of financial grants and
professional services. The term includes publications, research,
videotapes, workshops, meetings, phone consultation and written
and electronic communication.
"Watershed organization." An entity recognized by either or
both the Department of Conservation and Natural Resources and
the Department of Environmental Protection and established to
promote local watershed conservation efforts in an identified
watershed.
§ 6104. Fund.
(a) Establishment.--There is established a special fund in
the State Treasury, to be known as the Environmental Stewardship
Fund.
(b) Sources.--
(1) Money appropriated by the General Assembly, interest
earned by the fund, penalties, money received from the
Federal Government or other sources and money received from
the fee established under section 6112(b) (relating to
extension of fees) shall be deposited in the fund. Moneys
appropriated by the General Assembly to the fund shall be
transferred on a quarterly basis in increments of at least
20%.
(2) For fiscal years 1999-2000 through 2003-2004, the
fund may receive money, upon approval of the Governor, from
the Recycling Fund and the Hazardous Sites Cleanup Fund. The
combined total of appropriations from these two funds for the
program shall not exceed $30,000,000 annually.
(3) It is the intent of the General Assembly that
$100,000,000 per fiscal year be appropriated from the General
Fund for fiscal years 2000-2001 through 2003-2004 to the
fund. The Governor's annual budget submission for fiscal
years 2000-2001 through 2003-2004 shall include the sum of
$100,000,000 per fiscal year for allocation in accordance
with this section.
(c) Appropriation.--The money in the fund is hereby
appropriated, upon approval of the Governor, to the departments
and the authority for the purpose of implementing the provisions
of this chapter.
(d) Allocation.--It is the intent of the General Assembly
that the money appropriated in subsection (c) be allocated
annually as follows:
(1) For fiscal year 1999-2000, 28.4% to the Department
of Conservation and Natural Resources, 43.7% to the
Department of Environmental Protection and 27.9% to the
authority.
(2) For fiscal years 2000-2001 through 2003-2004, 24.1%
to the Department of Conservation and Natural Resources,
37.4% to the Department of Environmental Protection, 14.8% to
the Department of Agriculture and 23.7% to the authority.
(3) For fiscal year 2004-2005 and each year thereafter,
moneys in the fund shall be allocated in accordance with
paragraph (1).
(e) Legislative oversight.--
(1) An annual expenditure plan for the fund shall be
submitted by the Governor to the General Assembly as part of
the Governor's annual budget submission. The expenditure plan
shall be open for review and comment by the members of the
General Assembly and shall include a detailed listing of the
types of programs for the actual year, current year and
proposed budget year.
(2) The Secretary of the Budget shall provide quarterly
financial statements showing the status of the Recycling
Fund, the Hazardous Sites Cleanup Fund and the Environmental
Stewardship Fund to the chairman and minority chairman of the
Appropriations Committee of the Senate and the chairman and
minority chairman of the Appropriations Committee of the
House of Representatives. Such statements shall be provided
within 30 days of the close of each quarter of the fiscal
year and shall commence with the quarter ending March 31,
2000.
§ 6105. Agencies.
(a) The Department of Conservation and Natural Resources.--
(1) The Department of Conservation and Natural Resources
shall utilize money it receives from the fund for the
following purposes:
(i) To rehabilitate, repair and develop State park
and State forest lands and facilities and the acquisition
of interior lands within State parks and State forests.
(ii) To provide grants to a county or other
municipality, conservation districts and authorized
organizations for the purpose of planning, education,
acquisition, development, rehabilitation and repair of
greenways, recreational trails, open space, natural
areas, river corridors, watersheds, community and
heritage parks and recreation facilities; community
conservation and beautification projects; forest
conservation; and other conservation purposes. Grants
under this paragraph may not be used by an authorized
organization for land acquisition unless the authorized
organization obtains the approval of all counties in
which the land is situated. Grant moneys may also be used
for the acquisition of farmland for the purposes set
forth in this paragraph.
(iii) To provide grants to a county or other
municipality and authorized organizations for the purpose
of research, planning, inventories and technical
assistance intended to protect and conserve the
biological diversity of this Commonwealth.
(2) The Department of Conservation and Natural Resources
may require matching funds as a condition of the award of a
grant under this subsection.
(b) The Department of Environmental Protection.--
(1) The Department of Environmental Protection shall
utilize money it receives from the fund for the following
purposes:
(i) To implement acid mine drainage abatement and
cleanup efforts and plug abandoned and orphan oil and gas
wells.
(ii) To provide funding for technical assistance and
financial incentives to facilitate remining.
(iii) To provide grants to a county or other
municipality, county conservation districts, watershed
organizations and other authorized organizations for acid
mine drainage abatement, mine cleanup efforts and well
plugging.
(iv) To provide grants and technical assistance to a
county or other municipality, county conservation
districts, watershed organizations and other authorized
organizations to plan and implement local watershed-based
conservation efforts.
(v) To improve water-quality-impaired watersheds,
including those polluted by past mining activities,
agricultural and urban runoff, atmospheric deposition,
on-lot sewage systems and earthmoving activities.
(vi) To provide grants for safe drinking water
projects and wastewater treatment projects as provided
for in section 6110 (relating to environmental
infrastructure grants to water and wastewater treatment
facilities).
(2) County conservation districts may further distribute
grants received under this section to watershed organizations
and other authorized organizations to assist in the
implementation of this chapter.
(3) The Department of Environmental Protection may
require matching funds as a condition of the award of a grant
under this subsection.
(4) For the period commencing with the effective date of
this chapter and ending June 30, 2004, the Department of
Environmental Protection may utilize up to 10% of the money
allocated annually to it under section 6104(d) (relating to
fund) to provide grants for safe drinking water projects and
wastewater treatment projects. Grants under this paragraph
shall be made for the same purposes and shall be subject to
the same limitations as grants authorized in section 6110.
(c) Department of Agriculture.--Funds allocated to the
Department of Agriculture under this chapter shall be deposited
in the Agricultural Conservation Easement Purchase Fund and are
subject to the provisions of the act of June 30, 1981 (P.L.128,
No.43), known as the Agricultural Area Security Law.
(d) The authority.--The authority shall utilize money it
receives from the fund to provide financial assistance in the
form of grants and matching grants for storm water, water and
sewer infrastructure projects, including construction or
rehabilitation of collection and conveyance systems. The
authority shall develop criteria to be used to award grants
under this subsection. The criteria and proposed changes thereto
shall be submitted to the Environmental Resources and Energy
Committee of the Senate and the Environmental Resources and
Energy Committee of the House of Representatives for review and
comment. The committees shall have 60 days to submit comments to
the authority. Criteria shall be reviewed by the authority and
the committees at least once every three years.
(e) Administrative expense limitation.--The departments,
authority and grant recipients that receive moneys from the fund
for the purposes set forth in this section may not expend more
than 2% of the moneys on administrative expenses.
(f) Expenditure limitation.--No moneys made available
through the fund shall be used for any purpose which, directly
or indirectly, precludes access to or use of any forested land
for the practice of sustainable forestry and commercial
production of timber or other forest products. This subsection
shall not apply to funds used by the Department of Conservation
and Natural Resources, counties or municipalities for the
purchase or improvement of park land to be used for public
recreation.
(g) Regulations.--The departments and the authority may
promulgate regulations necessary to carry out the purposes of
this chapter.
§ 6106. Property and equipment restrictions.
(a) Prohibition.--Recipients of grants under this chapter
may not dispose of or convert property or equipment acquired
with a grant for purposes other than the purposes approved in
the project application without the prior written approval of
the agency awarding the grant.
(b) Remedy.--If a violation of subsection (a) occurs, the
agency may:
(1) Require the recipient to refund all grants related
to the project, including 10% annual interest compounded four
times annually, from the date the original grant was received
until the grant is repaid.
(2) Require acquisition by the recipient of equivalent
replacement property, as determined by the agency.
(3) Take possession of the property or equipment funded
by the agency.
§ 6107. Federal programs.
Agencies may utilize available Federal funds to augment funds
available under this chapter.
§ 6108. Wild Resource Conservation Fund and duties of
Department of Conservation and Natural Resources.
(a) Appropriation.--The moneys contained in the Wild
Resource Conservation Fund are hereby appropriated, upon
approval of the Governor, to the Department of Conservation and
Natural Resources for the purposes of carrying out subsection
(b), section 6105(a) (relating to agencies) and the act of June
23, 1982 (P.L.597, No.170), known as the Wild Resource
Conservation Act.
(b) Projects and programs.--
(1) The Wild Resource Conservation Board may approve
projects or programs for funding as necessary to preserve and
enhance wild resources. Grants for approved projects shall be
made by the Department of Conservation and Natural Resources
from the Wild Resource Conservation Fund. The department
shall not allocate money from the Wild Resource Conservation
Fund under this paragraph if the allocation would exceed the
money available in the Wild Resource Conservation Fund. The
Wild Resource Conservation Board shall consider the
recommendations of interested persons and representatives of
agencies serving on the board when approving projects under
this paragraph.
(2) In addition to the grants under paragraph (1), the
Wild Resource Conservation Board may recommend projects or
programs that promote the preservation and enhancement of
wild resources to the Department of Conservation and Natural
Resources for funding from the Environmental Stewardship Fund
under section 6105(a).
(c) Sale of merchandise and voluntary contributions.--The
Wild Resource Conservation Board, with the approval of the
Department of Conservation and Natural Resources, shall have the
right to issue for sale to the public stamps, decals or other
items of personal property intended to signify the interest of
the purchaser in contributing to programs established by the
board under this section. Any contributions received and the net
proceeds from the sale of merchandise shall be deposited in the
Wild Resource Conservation Fund.
(d) Advisory committee.--The Wild Resource Conservation
Board may establish an advisory committee to advise the board
and the Department of Conservation and Natural Resources
regarding the wild resource management objectives of the board
and the approval of projects to promote the preservation and
enhancement of wild resources. Members of the committee shall be
chosen from the general public and shall serve at the pleasure
of the board.
(e) Activities of other agencies.--The authority granted
pursuant to subsection (c) shall not affect or interfere with
similar authority vested by law in any agency represented on the
board to sell items of personal property which promote the
independent programs of those respective agencies. Said agencies
shall likewise have the right to issue for sale items of
personal property intended to signify the interest of the
purchaser in contributing to programs established by the
department, the net proceeds of which shall be deposited in the
Wild Resource Conservation Fund.
§ 6109. Sewage construction payments to municipalities.
(a) Certain payments permitted.--A county or other
municipality, municipal authority or school district receiving
payments on the effective date of this chapter pursuant to the
act of August 20, 1953 (P.L.1217, No.339), entitled "An act
providing for payments by the Commonwealth to municipalities
which have expended money to acquire and construct sewage
treatment plants in accordance with the Clean Streams Program
and the act, approved the twenty-second day of June, one
thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
making an appropriation," shall continue to receive all
outstanding payments being funded under that act for the
acquisition or construction of sewage treatment plants from the
Commonwealth from funds appropriated for this purpose provided
that the sewage treatment plant operations implement odor
abatement programs as necessary.
(b) Equipment and plants.--Payments under this section for
equipment and plants shall be discontinued upon the replacement,
abandonment or removal from service of the equipment and plants.
(c) Certain payment prohibited.--No municipality, municipal
authority or school district which is not presently receiving
payments under the act of August 20, 1953 (P.L.1217, No.339),
entitled "An act providing for payments by the Commonwealth to
municipalities which have expended money to acquire and
construct sewage treatment plants in accordance with the Clean
Streams Program and the act, approved the twenty-second day of
June, one thousand nine hundred thirty-seven (Pamphlet Laws
1987), and making an appropriation," may apply for or receive
payments under that act. No new or additional costs of equipment
or acquisition of sewage treatment plants for which construction
has not commenced prior to the effective date of this chapter
may be included in a request for payment by a municipality,
municipal authority or school district. For purposes of this
section, construction shall be deemed to have commenced when:
(1) the applicant has applied for or received a permit
under the act of June 22, 1937 (P.L.1987, No.394), known as
The Clean Streams Law, for construction or modification of
the sewage treatment plant;
(2) the applicant has applied for or received
construction financing or has dedicated capital funds for an
identified project before January 1, 2000, and the
appropriate construction permit under The Clean Streams Law
has been applied for or received before January 1, 2001; or
(3) if a construction permit under The Clean Streams Law
is not required, a signed contract or purchase order for an
eligible acquisition or construction expense has been validly
executed.
§ 6110. Environmental infrastructure grants to water and
wastewater treatment facilities.
(a) Separate account.--
(1) Savings realized in section 6109 (relating to sewage
construction payments to municipalities) shall be placed in
an account within the fund, which shall be cumulative,
separate from the allocations in section 6104(d) (relating to
fund) and for expenditure by the Department of Environmental
Protection for environmental infrastructure grants to a
county or other municipality, municipal authorities and
school districts for water and wastewater treatment
facilities which:
(i) install or implement new or innovative
technologies in their operations;
(ii) implement pollution prevention techniques in
their operations;
(iii) undertake treatment process modernization or
other improvements, including rehabilitation of
collection and conveyance systems; or
(iv) implement odor abatement programs in their
operations.
(2) A grant from the account shall not be used for the
construction of a new facility. An applicant for funding must
disclose in the application if funding has been applied for
from both the account and the authority. An applicant that
receives funding from the account shall not receive funding
from the authority under this chapter for the same portion of
the project or equipment. An applicant that receives funding
from the authority under this chapter shall not receive
funding from the account for the same portion of the project
or equipment.
(b) Limitation.--Funding under this section shall be limited
to improvements to the physical operation of the treatment
facility and shall not be used for administrative purposes or
for machinery or equipment peripherally related to the
operation.
(c) Funding availability.--Funding shall be available to all
counties or other municipalities, municipal authorities and
school districts on the basis of cost of the environmental or
public health improvement and not based on demographics, per
capita income or other unit of measure not tied to the cost of
the environmental improvement.
(d) Calculation of fund moneys.--The account shall annually
receive the difference between:
(1) the amount paid under the act of August 20, 1953
(P.L.1217, No.339), entitled "An act providing for payments
by the Commonwealth to municipalities which have expended
money to acquire and construct sewage treatment plants in
accordance with the Clean Streams Program and the act,
approved the twenty-second day of June, one thousand nine
hundred thirty-seven (Pamphlet Laws 1987), and making an
appropriation," in 2001-2002; and
(2) the amount paid under section 6109.
§ 6111. Protection of Recycling Fund.
(a) Market development funding.--The Department of
Environmental Protection, on an annual basis, shall provide
sufficient moneys for market development from the Recycling Fund
to promote the long-term sustainability of recycling and to
promote the continued growth of the recycling rate. For purposes
of this subsection, "market development" shall mean a set of
government policies and programs that promote the removal of
marketplace barriers to recycling and that promote a productive
end use for recyclables collected from residents and businesses.
(b) Review of expenditures.--Prior to submitting its annual
Recycling Fund spending plan to the General Assembly, the
Department of Environmental Protection shall submit details of
its proposed expenditures under the act of July 28, 1988
(P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act, including additional
expenditures for market development, for review and comment to
the Recycling Fund Advisory Committee. At the same time, the
department shall submit details of its actual expenditures under
the Municipal Waste Planning, Recycling and Waste Reduction Act
for the prior fiscal year, including actual expenditures for
market development, for review and comment to the committee. The
Department of Environmental Protection shall provide aggregate
information on the program, including the total amount of
funding applied for, the total amount of funding provided, the
percentage of applications approved and the percentage of
applications fully funded. The information on actual
expenditures provided to the committee shall include a complete
list of recipients funded by the Department of Environmental
Protection pursuant to sections 901 and 902 of the Municipal
Waste Planning, Recycling and Waste Reduction Act in the prior
fiscal year. The list shall include:
(1) The name of the recipient.
(2) The amount of funding requested.
(3) The amount of funding provided by the Department of
Environmental Protection.
(c) Minimum level of funding.--For a period of five years
from the effective date of this chapter, moneys expended for
programs authorized in the Municipal Waste Planning, Recycling
and Waste Reduction Act shall not fall below levels expended in
fiscal year 1999-2000.
(d) Information to applicant.--When the Department of
Environmental Protection denies an application for a grant or
approves an application for less than the amount requested by
the applicant, the department shall provide the applicant with a
written statement indicating the reason for the denial or
reduction in funding amount.
§ 6112. Extension of fees.
(a) Recycling fee.--No fee shall be imposed under section
701 of the act of July 28, 1988 (P.L.556, No.101), known as the
Municipal Waste Planning, Recycling and Waste Reduction Act, on
or after October 15, 2004.
(b) Fee established.--Each operator of a municipal waste
landfill shall pay, in the same manner prescribed in section 701
of the Municipal Waste Planning, Recycling and Waste Reduction
Act, an amount equal to 25¢ per ton of weighted waste or 25¢ per
three cubic yards of volume measured waste for all solid waste
received at the landfill. These fees shall be paid to the State
Treasury and deposited into the fund.
§ 6113. Effect of repeal of site-specific postclosure fund
provisions.
(a) General rule.--Prior to certification of final closure
and release by the Department of Environmental Protection of the
landfill bond under the act of July 7, 1980 (P.L.380, No.97),
known as the Solid Waste Management Act, and the regulations
promulgated thereto, the trustee may release moneys from the
trust to the county which established the trust upon written
request from the county to the trustee in order for the county
to spend the money to fund county conservation districts,
protect farmland or accomplish any other purpose authorized by
this chapter. Payment of debt service by a county on obligations
issued to fund such purposes shall be deemed to be paid for a
permitted purpose. Expenditure for farmland preservation must
comply with the act of June 30, 1981 (P.L.128, No.43), known as
the Agricultural Area Security Law.
(b) Limitations.--Moneys in a site-specific postclosure
trust that have not been released to the county prior to
certification of final closure and release of the landfill bond
may be used only for remedial measures and emergency actions
that are necessary to prevent or abate adverse effects upon the
environment after closure of the landfill. The county may
withdraw actual costs incurred in establishing and administering
the trust in an amount not to exceed 0.5% of the moneys
deposited in the trust. The trustee may release moneys for
remedial measures and emergency actions only upon written
request of the operator of a landfill and upon prior written
approval by the Department of Environmental Protection. Such
request shall include the proposed amount and purpose of the
withdrawal and a copy of the Department of Environmental
Protection's written approval of the expenditure. A copy of the
request shall be provided to the county and the host
municipality. A copy of any withdrawal document prepared by the
trustee shall be provided to the Department of Environmental
Protection, the county and the host municipality. No withdrawal
from this trust for remedial measures and emergency actions may
be made until after the Department of Environmental Protection
has certified closure of the landfill. Moneys remaining in a
trust subsequent to certification of final closure of the
landfill and release of the landfill's bond shall be given to
the county that established the trust for use in a manner
consistent with this chapter.
(c) Applicability.--This section shall not apply to any
county of the third class having a population under the 1990
Federal Decennial Census of greater than 225,000 but less than
242,500.
PART VI
SANCTIONS AND REMEDIES
Subpart
C. Immunity
SUBPART C
IMMUNITY
Chapter
81. Good Samaritan.
CHAPTER 81
GOOD SAMARITAN
Sec.
8101. Short title of chapter.
8102. Findings.
8103. Purpose.
8104. Definitions.
8105. Eligibility and project inventory.
8106. Landowner liability limitation and exceptions.
8107. Project liability limitation and exceptions.
8108. Permits and zoning.
8109. Relationship to Federal and State programs.
8110. General permits.
8111. Exceptions.
8112. Water supply replacement.
8113. Orphan oil and gas wells.
8114. Regulations.
§ 8101. Short title of chapter.
This chapter shall be known and may be cited as the
Environmental Good Samaritan Act.
§ 8102. Findings.
The General Assembly finds and declares as follows:
(1) This Commonwealth's long history of mining and the
extraction of oil and gas has left some lands and waters
unreclaimed and polluted.
(2) These abandoned lands and polluted waters are
unproductive, erode the tax base and are serious impediments
to the economic welfare and growth of this Commonwealth.
(3) The unreclaimed lands and polluted waters present a
danger to the health, safety and welfare of the people and
the environment.
(4) This Commonwealth does not possess sufficient
resources to reclaim all the abandoned lands and to abate the
water pollution.
(5) Numerous landowners, citizens, watershed
associations, environmental organizations and governmental
entities who do not have a legal responsibility to reclaim
the abandoned lands or to abate the water pollution are
interested in addressing these problems but are reluctant to
engage in such reclamation and abatement activities because
of potential liabilities associated with the reclamation and
abatement activities.
(6) It is in the best interest of the health, safety and
welfare of the people of this Commonwealth and the
environment to encourage reclamation of the abandoned lands
and abatement of water pollution.
§ 8103. Purpose.
This chapter is intended to encourage the improvement of land
and water adversely affected by mining and oil and gas
extraction, to aid in the protection of wildlife, to decrease
soil erosion, to aid in the prevention and abatement of the
pollution of rivers and streams, to protect and improve the
environmental values of this Commonwealth and to eliminate or
abate hazards to health and safety. It is the intent of the
General Assembly to encourage voluntary reclamation of lands
adversely affected by mining or oil or gas extraction. The
purpose of this chapter is to improve water quality and to
control and eliminate water pollution resulting from mining or
oil or gas extraction or exploration by limiting the liability
which could arise as a result of the voluntary reclamation of
abandoned lands or the reduction and abatement of water
pollution. This chapter is not intended to limit the liability
of a person who under existing law is or may become responsible
to reclaim the land or address the water pollution or anyone who
by contract, order or otherwise is required to or agrees to
perform the reclamation or abate the water pollution.
§ 8104. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Abandoned lands." Land adversely affected by mineral or oil
or gas extraction and left or abandoned in an unreclaimed or
inadequately reclaimed condition.
"Consideration." Something of value promised, given or
performed in exchange for something which has the effect of
making a legally enforceable contract. For the purpose of this
chapter, the term does not include a promise to a landowner to
repair damage caused by a reclamation project or water pollution
abatement project when the promise is made in exchange for
access to the land.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Eligible land and water." Land and water adversely affected
by mining or oil or gas extraction and left or abandoned in an
unreclaimed or inadequately reclaimed condition or left
discharging water pollution and for which no person has a
continuing reclamation or water pollution abatement obligation.
The term shall also include land and water adversely affected by
mining or oil or gas extraction and left in an unreclaimed or
inadequately reclaimed condition or left discharging water
pollution for which the Department of Environmental Protection
has forfeited and collected the operators bonds and there is no
outstanding litigation concerning the bond forfeiture.
"Landowner." A person who holds either legal or equitable
interest in real property.
"Mineral." Any aggregate or mass of mineral matter, whether
or not coherent, which is extracted by mining, including, but
not limited to, limestone, dolomite, sand, gravel, slate,
argillite, diabase, gneiss, micaceous sandstone known as
bluestone, rock, stone, earth, fill, slag, iron ore, zinc ore,
vermiculite, clay and anthracite and bituminous coal.
"Permitted mining activity site." A site permitted by the
Department of Environmental Protection pursuant to one or more
of the following acts:
(1) the act of June 22, 1937 (P.L.1987, No.394), known
as The Clean Streams Law;
(2) the act of May 31, 1945 (P.L.1198, No.418), known as
the Surface Mining Conservation and Reclamation Act;
(3) the act of April 27, 1966 (1st Sp.Sess., P.L.31,
No.1), known as The Bituminous Mine Subsidence and Land
Conservation Act;
(4) the act of September 24, 1968 (P.L.1040, No.318),
known as the Coal Refuse Disposal Control Act; or
(5) the act of December 19, 1984 (P.L.1093, No.219),
known as the Noncoal Surface Mining Conservation and
Reclamation Act.
"Person." A natural person, partnership, association,
association members, corporation, political subdivision of the
Commonwealth, an agency, instrumentality or entity of Federal or
State Government or other legal entity recognized by law as the
subject of rights and liabilities.
"Project work area." That land necessary for a person to
complete a reclamation project or a water pollution abatement
project.
"Reclamation project." The restoration of eligible lands and
water to productive use by regrading and revegetating the land
to stable contours that blend in and complement the drainage
pattern of the surrounding terrain with no highwalls, spoil
piles or depressions to accumulate water and by plugging
abandoned oil or gas wells and removing production or storage
facilities, supplies and equipment from areas disturbed in
siting, drilling, completing and producing such wells.
"Water pollution." Pollution of the waters of this
Commonwealth as defined in section 1 of the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law, which was
caused by mining activities or oil or gas extraction or
exploration for these resources.
"Water pollution abatement facilities." The methods for
treatment or abatement of water pollution located on eligible
lands and water. These methods include, but are not limited to,
a structure, system, practice, technique or method constructed,
installed or followed to reduce, treat or abate such water
pollution.
"Water pollution abatement project." A plan for treatment or
abatement of water pollution located on eligible lands and
water. These plans include, but are not limited to, the
practices to be followed and the installation, operation and
maintenance of facilities to reduce, treat or abate such water
pollution.
§ 8105. Eligibility and project inventory.
(a) General rule.--A landowner or person who voluntarily
provides equipment, materials or services at no charge or at
cost for a reclamation project or a water pollution abatement
project in accordance with this chapter may be immune from civil
liability and may raise the protections afforded by this chapter
in any subsequent legal proceeding which is brought to enforce
environmental laws or otherwise impose liability. A landowner or
other person is only eligible for the protections and immunities
provided by sections 8106 (relating to landowner liability
limitation and exceptions) and 8107 (relating to project
liability limitation and exceptions) if a detailed written plan
of the proposed reclamation project or water pollution abatement
project is submitted to and approved by the department. The
project plan shall include the objective of the project and a
description of the work that will be performed to accomplish the
objective and must identify the project location, project
boundaries, the project participants and the owners of the land.
(b) Notice.--Upon receipt of each project plan, the
department shall either give written notice by certified mail to
adjacent property owners and riparian land owners located
downstream of the proposed project or will provide public notice
of the proposed project in a newspaper of general circulation,
published in the locality of the proposed project, once a week
for four consecutive weeks and shall give public notice in the
Pennsylvania Bulletin. The person proposing the project may also
provide public notice. Any person having an interest which may
be adversely affected by the proposed project has the right to
file with the department written objection to the proposed
project within 30 days after receipt of the written notice or
the last publication of the above notice, which shall conclude
the public comment period. The department shall provide to the
person proposing the project a copy of each written objection
received during the public comment period.
(c) Advice.--The department may provide advice to the
landowner or other interested person based upon the department's
knowledge and experience in performing reclamation projects and
water pollution abatement projects.
(d) Departmental review.--The department shall review each
proposed reclamation project and approve the project if the
department determines the proposed project:
(1) will result in the regrading of the land to stable
contours that blend in and complement the drainage pattern of
the surrounding terrain with no highwalls, spoil piles or
depressions to accumulate water;
(2) will result in the appropriate revegetation of the
site; and
(3) is not likely to result in water pollution as
defined in section 1 of the act of June 22, 1937 (P.L.1987,
No.394), known as The Clean Streams Law.
The department shall review each proposed water pollution
abatement project and approve the project if the department
determines the proposed project is likely to improve the water
quality and is not likely to make the water pollution worse.
(e) Additional review.--The department shall review each
project plan in accordance with section 8111(b) (relating to
exceptions).
(f) Project inventory.--The department shall develop and
maintain a system to inventory and record each project, the
project location and boundaries, each landowner and each person
identified in a project plan provided to the department. The
inventory shall include the results of the department's review
of the proposed project and, where applicable, include the
department's findings under section 8111(b).
(g) Appeal.--A person aggrieved by a department decision to
approve or disapprove a reclamation project or a water pollution
abatement project has the right to file an appeal with the
Environmental Hearing Board in accordance with the act of July
13, 1988 (P.L.530, No.94), known as the Environmental Hearing
Board Act, and in accordance with the Environmental Hearing
Board's rules, 25 Pa. Code Ch. 1021 (relating to practice and
procedures).
§ 8106. Landowner liability limitation and exceptions.
(a) General rule.--Except as specifically provided in
subsections (b) and (c), a landowner who provides access to the
land, without charge or other consideration, which results in
the implementation of a reclamation project or a water pollution
abatement project:
(1) Shall be immune from liability for any injury or
damage suffered by the person implementing the reclamation
project or the water pollution abatement project while the
person is within the project work area.
(2) Shall be immune from liability for any injury to or
damage suffered by a third party which arises out of or
occurs as a result of an act or omission of a person
implementing a reclamation project or water pollution
abatement project which occurs during the implementation of
the reclamation project or the water pollution abatement
project.
(3) Shall be immune from liability for any injury to or
damage suffered by a third party which arises out of or
occurs as a result of a reclamation project or a water
pollution abatement project.
(4) Shall not be deemed to assume legal responsibility
for or incur liability for any pollution resulting from a
reclamation project or water pollution abatement project.
(5) Shall not be subject to a citizen suit filed
pursuant to section 601 of the act of June 22, 1937
(P.L.1987, No.394), known as The Clean Streams Law, for
pollution resulting from a reclamation project or water
pollution abatement project.
(6) Shall be immune from liability for the operation,
maintenance or repair of the water pollution abatement
facilities constructed or installed during the project unless
the landowner negligently damages or destroys the water
pollution abatement facilities or denies access to those
persons who operate, maintain or repair the water pollution
abatement facilities.
(b) Duty to warn.--A landowner shall warn a person
implementing a reclamation project or water pollution abatement
project of known, latent, dangerous conditions located on the
project work area which known, latent, dangerous conditions are
not the subject of the reclamation project or the water
pollution abatement project. Nothing in this chapter shall limit
in any way or affect a landowner's liability which results from
the landowner's failure to warn of such known, latent, dangerous
conditions.
(c) Exceptions to immunity.--Nothing is this chapter shall
limit in any way or affect a landowner's liability which results
from a reclamation project or water pollution abatement project
and which would otherwise exist:
(1) For injury or damage resulting from the landowner's
acts or omissions which are reckless or constitute gross
negligence or willful misconduct.
(2) Where the landowner charges an access fee or
requires other consideration before allowing access to the
land for the purpose of implementing a reclamation project or
water pollution abatement project or to operate, maintain or
repair water pollution abatement facilities constructed or
installed during a water pollution abatement project.
(3) For the landowner's unlawful activities.
(4) For damage to adjacent landowners or downstream
riparian landowners which results from a reclamation project
or water pollution abatement project where written notice or
public notice of the proposed project was not provided.
§ 8107. Project liability limitation and exceptions.
(a) General rule.--Except as specifically provided in
subsection (b), a person who provides equipment, materials or
services at no cost or at cost for a reclamation project or a
water pollution abatement project:
(1) Shall be immune from liability for any injury to or
damage suffered by a person which arises out of or occurs as
a result of the water pollution abatement facilities
constructed or installed during the water pollution abatement
project.
(2) Shall be immune from liability for any pollution
emanating from the water pollution abatement facilities
constructed or installed during the water pollution abatement
project unless the person affects an area that is
hydrologically connected to the water pollution abatement
project work area and causes increased pollution by
activities which are unrelated to the implementation of a
water pollution abatement project.
(3) Shall not be deemed to assume responsibility for or
incur liability for the operation, maintenance and repair of
the water pollution abatement facilities constructed or
installed during the water pollution abatement project.
(4) Shall not be subject to a citizen suit under section
601 of the act of June 22, 1937 (P.L.1987, No.394), known as
The Clean Streams Law, for pollution emanating from the water
pollution abatement facilities constructed or installed
during the water pollution abatement project.
(b) Exceptions.--
(1) Nothing in this chapter shall limit in any way the
liability of a person who provides equipment, materials or
services at no cost or at cost for a reclamation project or a
water pollution abatement project which liability results
from the reclamation project or the water pollution abatement
project and which would otherwise exist:
(i) For injury or damage resulting from the person's
acts or omissions which are reckless or constitute gross
negligence or willful misconduct.
(ii) For the person's unlawful activities.
(iii) For damages to adjacent landowners or
downstream riparian landowners which result from a
reclamation project or a water pollution abatement
project where written notice or public notice of the
proposed project was not provided.
(2) Nothing in this chapter shall limit in any way the
liability of a person who the department has found to be in
violation of any of the following acts:
(i) The act of May 31, 1945 (P.L.1198, No.418),
known as the Surface Mining Conservation and Reclamation
Act.
(ii) The act of April 27, 1966 (1st Sp.Sess.,
P.L.31, No.1), known as The Bituminous Mine Subsidence
and Land Conservation Act.
§ 8108. Permits and zoning.
Nothing in this chapter shall be construed as waiving any
existing permit requirements or waiving any local zoning
requirements.
§ 8109. Relationship to Federal and State programs.
The provisions of this chapter shall not prevent the
Commonwealth from enforcing requirements necessary or imposed by
the Federal Government as a condition to receiving or
maintaining program authorization, delegation, primacy or
Federal funds.
§ 8110. General permits.
If the department determines it will further the purposes of
this chapter, the department may issue a general permit for each
reclamation project or water pollution abatement project, which
general permit shall:
(1) Encompass all of the activities included in that
reclamation project or water pollution abatement project.
(2) Be issued in place of any required stream
encroachment, earth disturbance or national pollution
discharge elimination system permits.
§ 8111. Exceptions.
(a) General rule.--Any person who under existing law shall
be or may become responsible to reclaim the land or treat or
abate the water pollution or any person who for payment or
consideration or who receives some other benefit through a
contract or any person who through a consent order and agreement
or otherwise agrees or is ordered to perform or complete
reclamation or treat or abate water pollution as well as a
surety which provided a bond for the site shall not be eligible
for nor shall that person receive the benefit of the protections
and immunities available under this chapter.
(b) Projects near mining or coal refuse sites.--This chapter
shall not apply to a reclamation project or a water pollution
abatement project that is located adjacent to, hydrologically
connected to or in close proximity to a site permitted under the
act of May 31, 1945 (P.L.1198, No.418), known as the Surface
Mining Conservation and Reclamation Act, the act of April 27,
1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine
Subsidence and Land Conservation Act, the act of September 24,
1968 (P.L.1040, No.318), known as the Coal Refuse Disposal
Control Act, or the act of December 19, 1984 (P.L.1093, No.219),
known as the Noncoal Surface Mining Conservation and Reclamation
Act, unless:
(1) The reclamation project or water pollution abatement
project is submitted to the department in writing before the
project is started.
(2) The department finds:
(i) The reclamation project or the water pollution
abatement project will not adversely affect the
permittee's obligations under the permit and the
applicable law.
(ii) The activities on the project work area cannot
be used by the permittee to avoid the permittee's
reclamation or water pollution treatment or abatement
obligations.
(3) The department issues a written notice of its
findings and the approval of the project.
(c) Projects in lieu of civil penalties.--This chapter shall
not apply to a reclamation project or a water pollution
abatement project that is performed in lieu of paying civil
penalties.
(d) Land Recycling and Environmental Remediation Standards
Act.--The act of May 19, 1995 (P.L.4, No.2), known as the Land
Recycling and Environmental Remediation Standards Act, does not
apply to reclamation projects or water pollution abatement
projects implemented under this chapter.
§ 8112. Water supply replacement.
A public or private water supply affected by contamination or
the diminution caused by the implementation of a reclamation
project or the implementation of a water pollution abatement
project shall be restored or replaced by the department with an
alternate source of water adequate in quantity and quality for
the purposes served by the water supply.
§ 8113. Orphan oil and gas wells.
A reclamation project or water pollution abatement project
shall not be implemented in a manner which will limit access to
an orphan gas well or an orphan oil well.
§ 8114. Regulations.
The department may promulgate rules and regulations necessary
to implement the provisions of this chapter.
PART VII
MISCELLANEOUS PROVISIONS
(Reserved)
Section 2. (a) The sum of $2,000,000 is hereby
appropriated, upon approval of the Governor, to the Department
of Environmental Protection from the Hazardous Sites Cleanup
Fund for the fiscal year July 1, 1999, to June 30, 2000, for the
purposes of expanding the Small Business and Household Pollution
Prevention Program to provide onsite assessments and
recommendations for pollution prevention and energy efficiency
techniques for fiscal year 1999-2000. The General Assembly may
appropriate up to $2,000,000 in additional funds from the
Hazardous Sites Cleanup Fund for the fiscal year July 1, 2000,
to June 30, 2001, for this purpose.
(b) The sum of $44,675,000, or as much thereof as may be
necessary, is hereby appropriated to the Environmental
Stewardship Fund for the fiscal year July 1, 1999, to June 30,
2000, to carry out the provisions of 27 Pa.C.S. Ch. 61.
(c) The sum of $20,000,000, or as much thereof as may be
necessary, is hereby appropriated to the Agricultural
Conservation Easement Purchase Fund for the fiscal year July 1,
1999, to June 30, 2000, to carry out the provisions of the act
of June 30, 1981 (P.L.128, No.43), known as the Agricultural
Area Security Law.
Section 3. (a) The following acts and parts of acts are
repealed:
Section 1936-A(b) of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
Act of August 20, 1953 (P.L.1217, No.339), entitled "An act
providing for payments by the Commonwealth to municipalities
which have expended money to acquire and construct sewage
treatment plants in accordance with the Clean Streams Program
and the act, approved the twenty-second day of June, one
thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
making an appropriation."
Section 1108(b), (c), (f) and (i) of the act of July 28, 1988
(P.L.556, No.101), known as the Municipal Waste Planning,
Recycling and Waste Reduction Act.
Sections 5(d) and 6(b)(3), (4), (5) and (6), (c), (d), (e),
(f) and (g) of the act of June 23, 1982 (P.L.597, No.170), known
as the Wild Resource Conservation Act.
(b) All other acts and parts of acts are repealed insofar as
they are inconsistent with:
(1) subsection (a);
(2) the addition of 27 Pa.C.S. Ch. 61;
(3) the addition of 27 Pa.C.S. Ch. 81; or
(4) section 2 of this act.
Section 4. This act shall take effect as follows:
(1) This section shall take effect immediately.
(2) The following provisions shall take effect in 60
days:
(i) The addition of 27 Pa.C.S. Ch 81.
(ii) Section 3(b)(3) of this act.
(3) The remainder of this act shall take effect December
31, 1999, or immediately, whichever is later.
APPROVED--The 15th day of December, A. D. 1999.
THOMAS J. RIDGE
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