PRINTER'S NO. 693
No. 620 Session of 2005
INTRODUCED BY GODSHALL, CRAHALLA, GEORGE, BOYD, BUNT, CAPPELLI, CLYMER, CORRIGAN, CREIGHTON, HARHAI, HERSHEY, LEH, MAHER, MARSICO, McILHINNEY, S. MILLER, PETRI, PICKETT, RAYMOND, SATHER, SURRA, TANGRETTI, WATSON, WILT AND YOUNGBLOOD, FEBRUARY 16, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 16, 2005
AN ACT 1 Prohibiting the sale or distribution of any gasoline containing 2 methyl tertiary butyl ether; requiring the Department of 3 Environmental Protection to report to the General Assembly; 4 providing for public notice of spill; and imposing a penalty. 5 The General Assembly finds and declares as follows: 6 (1) Section 27 of Article I of the Constitution of 7 Pennsylvania provides, among other things, that the people 8 have a right to clean air and water. 9 (2) This constitutional right gives the General Assembly 10 the authority to enact laws banning substances that threaten 11 the people's clean air and water. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Prohibition. 15 It shall be unlawful for any person to sell or distribute any 16 gasoline containing methyl tertiary butyl ether (MTBE). 17 Section 2. Penalty.
1 Any person who violates this act commits a misdemeanor of the 2 third degree and shall, upon conviction, be sentenced to pay a 3 fine of not more than $1,000 per sale. 4 Section 3. Public notice of spill. 5 Following a confirmed release of any gasoline containing MBTE 6 or other regulated substances, persons required to perform 7 corrective action under 25 Pa.Code Ch. 245 (relating to 8 administration of the storage tank and spill prevention program) 9 when there has been a confirmed release of regulated substances 10 from a storage tank shall comply with the following requirements 11 for notifying the public and the Department of Environmental 12 Protection: 13 (1) Notice of the submission of a site characterization 14 report shall be submitted to the department. The department 15 shall publish an acknowledgment noting receipt of the site 16 characterization report in the Pennsylvania Bulletin. At the 17 same time a notice of the submission of a site 18 characterization report is submitted to the department, a 19 copy of the notice shall be provided to the municipality in 20 which the site is located and a summary of the notice shall 21 be published in a newspaper of general circulation serving 22 the area in which the site is located. 23 (2) Notice of the submission of a remedial action plan 24 shall be submitted to the department. The department shall 25 publish an acknowledgment noting receipt of the remedial 26 action plan in the Pennsylvania Bulletin. At the same time a 27 notice of the submission of a remedial action plan is 28 submitted to the department, a copy of the notice shall be 29 provided to the municipality in which the site is located and 30 a summary of the notice shall be published in a newspaper of 20050H0620B0693 - 2 -
1 general circulation serving the area in which the site is 2 located. 3 Section 4. Report to General Assembly. 4 The Department of Environmental Protection shall, within six 5 months of the effective date of this act, report to the General 6 Assembly on the scope of MTBE contamination of water within this 7 Commonwealth. On or before March of each year, the department 8 shall report to the General Assembly on any MTBE contamination 9 of water in this Commonwealth and the Commonwealth's response to 10 the contamination. 11 Section 5. Effective date. 12 This act shall take effect as follows: 13 (1) Section 4 and this section shall take effect 14 immediately. 15 (2) The remainder of this act shall take effect January 16 1, 2006. A3L12SFL/20050H0620B0693 - 3 -