Pennsylvania Act 2001-104 — STORAGE TANK AND SPILL PREVENTION ACT - AMEND STORAGE TANK RELEASE NOTIFICATION AND ENVIRONMENTAL MEDIA

Act text

STORAGE TANK AND SPILL PREVENTION ACT - AMEND STORAGE TANK RELEASE
                   NOTIFICATION AND ENVIRONMENTAL MEDIA
                 Act of Dec. 17, 2001, P.L. 914, No. 104              Cl. 27
                             Session of 2001
                               No. 2001-104

     SB 696

                                  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,"
        defining "environmental media"; and providing for certain
        notification when there are releases from storage tanks.

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

        Section 1.  Section 103 of the act of July 6, 1989 (P.L.169,
     No.32), known as the Storage Tank and Spill Prevention Act, is
     amended by adding a definition 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:
        * * *
        "Environmental media."  Soil, sediment, surface water,
     groundwater, bedrock and air.
        * * *
        Section 2.  Section 904 of the act is amended by adding a
     subsection to read:
      Section 904.  Notification.
        * * *
        (e)  Releases from storage tanks.--Upon the occurrence of a
     release from a storage tank, the owner or operator of the
     storage tank shall immediately notify the appropriate regional
     office of the department. The owner or operator shall notify the
     department as soon as practicable but no later than 24 hours
     after the confirmation of a reportable release. Within 15 days
     of the notice required under this subsection, the owner or
     operator shall provide written notification to the department
     and to each municipality in which the reportable release has
     occurred and each municipality where that release has impacted
     environmental media or water supplies, buildings or sewer or
     other utility lines. The written notification shall describe, to
     the extent the information is available, the regulated substance
     involved in the release, the quantity of the substance released,
     when the release occurred, where the release occurred, the
     affected environmental media and relevant information concerning
     the effect of the release on public health, impacts to water
     supplies, buildings or to sewer or other utility lines. The
     notice shall also include information on remedial actions that
     are planned, initiated or completed. The owner or operator shall
     also provide written notification to the department and each
     impacted municipality of new impacts to environmental media or
     water supplies, buildings or sewer or other utility lines
     discovered after the initial written notification required under
     this subsection. This written notification shall be made within
     15 days of the discovery of the new impact. If the department
     determines at any time that the release poses an immediate
     threat to public health and safety, the department and any
     impacted municipalities may evaluate and implement reasonable
     procedures to provide the public with appropriate information
     about the situation, which may, at a minimum, include a summary
     of the details surrounding the release and its impacts in a
     newspaper of general circulation serving the area in which the
     impacts are occurring.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 17th day of December, A. D. 2001.

     MARK S. SCHWEIKER