PRINTER'S NO. 961
No. 843 Session of 1989
INTRODUCED BY STEIGHNER, MANDERINO, REBER, MRKONIC, TIGUE, FOX,
GODSHALL, MORRIS, HESS, DeWEESE, COY, STABACK, KUKOVICH,
TRELLO, F. TAYLOR, ITKIN, DIETTERICK, RYBAK, VAN HORNE,
MAINE, JAROLIN, LEVDANSKY, DeLUCA, BURD, LAUGHLIN, HERMAN,
SCHULER, HAYDEN, VEON, BUNT, D. W. SNYDER, PISTELLA,
E. Z. TAYLOR, ROBINSON, COLAFELLA, BOYES, FREEMAN, BATTISTO,
BELARDI, FAIRCHILD, HALUSKA, MELIO, MICOZZIE, O'DONNELL,
STISH, STUBAN, KASUNIC, DALEY, D. R. WRIGHT, NOYE, GIGLIOTTI,
NAHILL AND SAURMAN, APRIL 3, 1989
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 3, 1989
AN ACT
1 Establishing a Statewide hazardous material safety program;
2 creating the Hazardous Material Response Fund; providing for
3 the creation of Emergency Planning Fee Accounts in each
4 county; further providing for the powers and duties of the
5 Pennsylvania Emergency Management Agency, of the Pennsylvania
6 Emergency Management Council, and of the counties and local
7 governments; imposing obligations on certain handlers of
8 hazardous materials; imposing penalties; and making an
9 appropriation.
10 TABLE OF CONTENTS
11 Chapter 1. General Provisions
12 Section 101. Short title.
13 Section 102. Legislative finding and purpose.
14 Section 103. Definitions.
15 Chapter 2. Hazardous Material Protection
16 Section 201. Designation and functions of Pennsylvania
17 Emergency Management Council.
18 Section 202. Establishment of emergency planning districts.
1 Section 203. Establishment and functions of local emergency
2 planning committees.
3 Section 204. Hazardous material safety program.
4 Section 205. Emergency reporting requirements.
5 Section 206. Emergency notification requirements.
6 Section 207. Establishment of funds.
7 Section 208. Emergency management grants.
8 Section 209. Hazardous material response teams.
9 Section 210. Recovery of response costs.
10 Section 211. Facility and vehicle inspection and testing.
11 Chapter 3. Miscellaneous Provisions
12 Section 301. Immunity from civil liability.
13 Section 302. Penalties and fines.
14 Section 303. Enforcement.
15 Section 304. Relationship to other laws.
16 Section 305. Facility insurance.
17 Section 306. Appropriation.
18 Section 307. Severability.
19 Section 308. Effective date.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 CHAPTER 1
23 GENERAL PROVISIONS
24 Section 101. Short title.
25 This act shall be known and may be cited as the Hazardous
26 Materials Protection Act.
27 Section 102. Legislative findings and purpose.
28 (a) Findings.--The General Assembly hereby determines,
29 declares and finds that exposure to hazardous materials has the
30 potential for causing undesirable health and environmental
19890H0843B0961 - 2 -
1 effects and poses a threat to the health, safety and welfare of
2 the citizens of this Commonwealth, and that the citizens of this
3 Commonwealth and emergency service personnel who respond to
4 emergency situations should be protected from the health hazards
5 and harmful exposure resulting from hazardous material releases
6 at facilities and from transportation related accidents.
7 (b) Purpose.--It is the purpose of this act to:
8 (1) Create a strong working relationship and partnership
9 between business and industry and the Commonwealth and its
10 municipalities in order to protect and safeguard the citizens
11 of this Commonwealth from the health hazards and other risks
12 of harm resulting from or incident to the use, storage,
13 distribution and transportation of hazardous materials.
14 (2) Designate the Pennsylvania Emergency Management
15 Council as the Commonwealth's emergency response commission
16 and establish an emergency planning district and a local
17 emergency planning committee in each county of this
18 Commonwealth to act in accordance with the provisions of the
19 Emergency Planning and Community Right-To-Know Act of 1986
20 (Title III of Public Law 99-499, 42 U.S.C. § 11001, et seq.),
21 also referred to in this act as SARA, Title III.
22 (3) Establish and maintain a comprehensive hazardous
23 material safety program for the Commonwealth and its
24 counties.
25 (4) Create the Hazardous Material Response Fund to
26 provide financial assistance to Commonwealth agencies and
27 counties to develop an effective and integrated response
28 capability to the health hazards, dangers and risks which
29 hazardous material releases pose to the general public.
30 (5) Establish an emergency notification system whereby
19890H0843B0961 - 3 -
1 the release of any hazardous material occurring at a facility
2 or resulting from a transportation accident will be promptly
3 reported to the proper Commonwealth and county emergency
4 response officials.
5 (6) Assign responsibilities to various Commonwealth
6 agencies and local agencies to ensure the development and
7 furtherance of a comprehensive hazardous material safety
8 program.
9 (7) Provide civil liability protection to officials and
10 emergency response personnel of the Commonwealth and
11 municipalities who are properly carrying out their duties and
12 responsibilities under the Commonwealth's hazardous material
13 safety program.
14 (8) Require persons responsible for the release of
15 hazardous materials to pay the costs incurred by hazardous
16 material response teams for emergency response activities
17 necessitated by the hazardous material release.
18 Section 103. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Commonwealth agency." An executive agency or independent
23 agency.
24 "Council." The Pennsylvania Emergency Management Council.
25 "County." Includes, but is not limited to, a city of the
26 first class coterminous with a county of the first class.
27 "County commissioner." Includes, but is not limited to, the
28 mayor of a city of the first class coterminous with a county of
29 the first class, or the designee of such mayor, and the
30 equivalent county official designated under a home rule charter
19890H0843B0961 - 4 -
1 or optional plan adopted under the act of April 13, 1972
2 (P.L.184, No. 62), known as the Home Rule Charter and Optional
3 Plans Law.
4 "Emergency management." The judicious planning, assignment
5 and coordination of all available resources in an integrated
6 program of prevention, mitigation, preparedness, response and
7 recovery for emergencies of any kind, whether from attack, man-
8 made or natural sources.
9 "Executive agency." The Governor and the departments,
10 boards, commissions, authorities and other non-legislative
11 officers and agencies of the Commonwealth, except any court or
12 other officer or agency of the unified judicial system or the
13 General Assembly and its officers and agencies or any
14 independent agency.
15 "Extremely hazardous substance." A substance appearing on
16 the list of extremely hazardous substances published by the
17 administrator of the Federal Environmental Protection Agency
18 under the authority of section 302 of the Federal Emergency
19 Planning and Community Right-To-Know Act of 1986, Title III of
20 the Superfund Amendments and Reauthorization Act of 1986 (Public
21 Law 99-499, 42 U.S.C. § 11002), as set forth at 40 CFR Part 355
22 ("Appendix A - The List of Extremely Hazardous Substances and
23 Their Threshold Planning Quantities"), or appearing on any
24 successor list of extremely hazardous substances published by
25 the Administrator of the Federal Environmental Protection Agency
26 under the authority of section 302 of SARA, Title III.
27 "Facility." All buildings, structures, and other stationary
28 items which are located on a single site or a contiguous or
29 adjacent site which are owned or operated by the same person and
30 which manufacture, produce, use, import, export, store, supply,
19890H0843B0961 - 5 -
1 or distribute any hazardous material. This term includes
2 railroad yards and truck terminals but does not include
3 individual trucks, rolling stock, water vessels, airplanes, or
4 other transportation vehicles.
5 "Family farm enterprise." A natural person, family farm
6 corporation or family farm partnership engaged in farming which
7 processes and markets its agricultural commodities in either
8 intrastate or interstate commerce.
9 "Hazardous material." Any of the following:
10 (1) A hazardous substance.
11 (2) An extremely hazardous substance.
12 (3) A hazardous chemical within the meaning of 29 CFR
13 1910.1200(c) or its successor.
14 (4) A toxic chemical.
15 "Hazardous material response team." A team of individuals
16 who are organized by a Commonwealth agency, a local agency, a
17 regional hazardous materials organization, a transporter,
18 manufacturer, supplier, or user of hazardous materials, or a
19 volunteer service organization, for the primary purpose of
20 providing emergency services, including removal and remedial
21 actions, in response to the release of a hazardous material,
22 which is trained and equipped in accordance with this act or
23 regulations promulgated under this act.
24 "Hazardous substance." A substance appearing on the list of
25 hazardous substances prepared under section 102 of the
26 Comprehensive Environmental Response, Compensation, and
27 Liability Act of 1980 (P.L. 96-510, 94 Stat. 2767) as set forth
28 at 40 CFR Part 302 ("Table 302.4 - List of Hazardous Substances
29 and Reportable Quantities"), or appearing on any successor list
30 of hazardous substances prepared under section 102 of the
19890H0843B0961 - 6 -
1 Comprehensive Environmental Response, Compensation, and
2 Liability Act of 1980.
3 "Independent agency." Boards, commissions, authorities and
4 other agencies and officers of the Commonwealth which are not
5 subject to the policy supervision and control of the Governor,
6 except any court or other officer or agency of the unified
7 judicial system or the General Assembly and its officers and
8 agencies.
9 "Local agency." A municipality or any officer or agency
10 thereof.
11 "Local Emergency Planning Committee" or "Local Committee."
12 The local committee within each emergency planning district
13 responsible for preparing hazardous material plans and
14 performing other functions under The Emergency Planning and
15 Community Right-To-Known Act of 1986 (Title III, Public Law 99-
16 499, 42 U.S.C. § 11001 et seq.).
17 "PEMA." The Pennsylvania Emergency Management Agency.
18 "Person." An individual, corporation, firm, association,
19 public utility, trust, estate, public or private institution,
20 group, agency, political subdivision, and any legal successor,
21 representative or agency of the foregoing.
22 "Regional hazardous materials organization." A non-profit
23 corporation, joint venture or authority formed under the laws of
24 this Commonwealth which either contracts with or is organized by
25 one or more Commonwealth agencies, local agencies or volunteer
26 service organizations for the purpose of creating, training,
27 equipping, maintaining and providing one or more hazardous
28 material response teams to serve any specific geographic area as
29 approved by the Pennsylvania Emergency Management Council
30 within, but not limited to, the Commonwealth under this act.
19890H0843B0961 - 7 -
1 "Release." Any spilling, leaking, pumping, pouring,
2 emitting, emptying, discharging, injecting, escaping, leaching,
3 dumping or disposing into the environment of a hazardous
4 material, including, but not limited to, the abandonment or
5 discarding of barrels, containers and other receptacles
6 containing a hazardous material.
7 "Reportable quantity." The quantity of a hazardous material
8 stated on the various lists of hazardous substances and
9 extremely hazardous substances as defined in this section, the
10 release of which shall be reported under this act.
11 "Rolling stock." Any railroad tank car, railroad box car or
12 other railroad freight car as defined in 49 CFR § 215, or its
13 successor, that contains an extremely hazardous substance in
14 excess of the threshold planning quantity established for such
15 substance and is used as a storage site for such substance.
16 "SARA, Title III." The Emergency Planning and Community
17 Right-to-Know Act of 1986 (Title III, Public Law 99-499, 42
18 U.S.C. § 11001 et seq.).
19 "Toxic chemical." A substance appearing on the list of
20 chemicals described in section 313 of SARA (Title III, Public
21 Law 99-499, 42 U.S.C. § 11023) as set forth at 40 CFR Part 372,
22 or appearing on any successor list of chemicals set forth in the
23 Code of Federal Regulations under the authority of section 313
24 of SARA, Title III.
25 "Unified judicial system." The unified judicial system
26 existing under section 1 of Article V of the Constitution of
27 Pennsylvania.
28 "Vehicle." Any truck, railroad car, water vessel, airplane
29 or other transportation vehicle that ships, carries or
30 transports a hazardous material on any highway, rail line or
19890H0843B0961 - 8 -
1 waterway within the jurisdictional boundaries of this
2 Commonwealth.
3 CHAPTER 2
4 HAZARDOUS MATERIALS PROTECTION
5 Section 201. Designation and functions of Pennsylvania
6 Emergency Management Council
7 (a) Council.--The Pennsylvania Emergency Management Council,
8 established and organized under the act of November 26, 1978
9 (P.L.1332, No.323), known as the Emergency Management Services
10 Code, is designated and shall constitute the Commonwealth's
11 emergency response commission to carry out the responsibilities
12 assigned to the Commonwealth by SARA, Title III, to develop
13 overall policy and direction for a statewide hazardous material
14 safety program and to supervise and coordinate the
15 responsibilities of the local emergency planning committees.
16 (b) Membership.--The council shall be composed of the
17 current members of the Pennsylvania Emergency Management Council
18 as now provided by law and the Secretary of Labor and Industry.
19 (c) Chairperson.--The Governor shall designate a member of
20 the council to serve as chairperson of the council. In the
21 absence of the chairperson, the director of PEMA shall serve as
22 chairperson. The chairperson shall have the authority to assign,
23 delegate or transfer tasks, duties and responsibilities to
24 members of the council. The chairperson shall approve the
25 appointment of members to the council who are designated through
26 a delegation of authority from their respective department or
27 office.
28 (d) Compensation and expenses.--Members shall serve without
29 compensation but shall be reimbursed for necessary and
30 reasonable actual expenses, such as travel expenses, incurred in
19890H0843B0961 - 9 -
1 connection with attendance at council meetings.
2 (e) Meetings.--For the conduct of routine or emergency
3 business, the council shall meet at the call of the chairperson.
4 Five members of the council shall constitute a quorum for the
5 purpose of conducting the business of the council and for all
6 other purposes. All actions of the council shall be taken by a
7 majority of the council members present. The council shall be
8 subject to the act of July 3, 1986 (P.L.388, No.212), known as
9 the Sunshine Act.
10 (f) Staff.--PEMA shall serve as the primary agent and have
11 the lead responsibility for performing the functions and duties
12 of the council. For this purpose, PEMA shall employ such
13 professional, technical, administrative and other staff
14 personnel as may be deemed essential to carry out the purposes
15 of this act and the development and maintenance of a
16 comprehensive Commonwealth hazardous materials safety program.
17 (g) Powers and duties.--The council shall have the duty and
18 power to:
19 (1) Carry out all of the duties and responsibilities of
20 a State emergency response commission as specified in SARA,
21 Title III.
22 (2) Make, amend, repeal and promulgate as provided by
23 law any rules and regulations necessary to carry out and
24 implement this act and SARA, Title III.
25 (3) Develop Commonwealth agency contingency plans
26 relating to the implementation of this act and SARA, Title
27 III.
28 (4) Provide guidance and direction to counties for the
29 implementation of this act and SARA, Title III.
30 (5) Supervise the operation of local committees and
19890H0843B0961 - 10 -
1 ensure that local committees meet all Federal and
2 Commonwealth standards and requirements as provided by law.
3 (6) Develop a Commonwealth comprehensive hazardous
4 material safety program.
5 (7) Delegate authority and assign primary responsibility
6 to the Department of Labor and Industry for receiving,
7 processing and managing hazardous chemical information forms
8 and data, trade secrets, and public information requests.
9 (8) Delegate authority and assign responsibility to the
10 Department of Environmental Resources and the Department of
11 Health for providing technical advice and assistance
12 consistent with established departmental responsibilities in
13 the alleviation of public health and environmental hazards
14 associated with hazardous material releases, including,
15 without limitation, dispatching emergency response personnel
16 to accident sites during emergency situations when requested
17 by PEMA.
18 (9) Prescribe duties and responsibilities for
19 Commonwealth agencies and local emergency planning committees
20 to conduct comprehensive emergency management activities.
21 (10) Prescribe standards for hazardous material response
22 team training or certification, the equipping of hazardous
23 material response team units and other matters involving
24 hazardous material response activities.
25 (11) Do all other acts and things necessary for the
26 exercise of the powers and duties of the council and for the
27 implementation of this act and SARA, Title III.
28 (h) Council expenses.--The administrative and operational
29 expenses of the council shall be paid from the Hazardous
30 Material Response Fund.
19890H0843B0961 - 11 -
1 Section 202. Establishment of emergency planning districts.
2 Each county is designated and constituted an emergency
3 planning district for the purposes of SARA, Title III.
4 Section 203. Establishment and functions of local emergency
5 planning committees.
6 (a) Local emergency planning committees.--In order to carry
7 out the provisions of Federal and Commonwealth law, a minimum of
8 one local emergency planning committee shall be established in
9 each county. The local committee shall be subject to the
10 supervision of the council and shall cooperate with the county
11 emergency management agency and SARA facilities to prepare the
12 emergency response plans required by section 303 of SARA, Title
13 III (Public Law 99-499, 42 U.S.C. § 11003).
14 (b) Membership.--A local committee shall be composed of the
15 county emergency management coordinator, one county commissioner
16 and at least one person selected from each of the following
17 groups:
18 (1) Elected officials of the Commonwealth and
19 municipalities.
20 (2) Law enforcement, civil defense, firefighting, first
21 aid, health, local environmental, hospital and transportation
22 personnel.
23 (3) Broadcast and print media.
24 (4) Community groups.
25 (5) Owners and operators of facilities subject to the
26 requirements of SARA, Title III.
27 (c) Coordinator.--The county emergency management
28 coordinator shall have the lead responsibility for ensuring that
29 the plans and activities of the local committee comply with
30 SARA, Title III, this act, and other applicable statutes and
19890H0843B0961 - 12 -
1 laws.
2 (d) Appointment.--The members of a local committee shall be
3 appointed by the council from a list of nominees submitted by
4 the governing body of the county. The list of nominees shall
5 contain the names of at least one person from each of the groups
6 enumerated in subsection (b). Upon the failure of the governing
7 body of a county to submit a list of nominees to the council
8 within a time fixed by the council, the council may appoint
9 members at its pleasure.
10 (e) Vacancies.--Within 30 days of the occurrence of a
11 vacancy, the council shall appoint in the manner provided in
12 subsection (d) a successor member to a local committee for the
13 remainder of the unexpired term of the member for which the
14 vacancy exits. A vacancy shall occur upon the death,
15 resignation, disqualification or removal of a member of a local
16 committee.
17 (f) Meetings.--For the conduct of routine or emergency
18 business, the local committee shall meet at the call of the
19 chairperson. A majority of the members of the local committee,
20 or such other number of members of the local committee as set by
21 the local committee, shall constitute a quorum for the purpose
22 of conducting the business of the local committee and for all
23 other purposes. All actions of the local committee shall be
24 taken by a majority of the local committee members present. The
25 local committee shall be subject to the act of July 3, 1986
26 (P.L.388, No.212), known as the Sunshine Act.
27 (g) Duties.--A local committee shall have the duty and power
28 to:
29 (1) Make, amend and repeal bylaws and other procedures
30 in order to carry out the duties, requirements and
19890H0843B0961 - 13 -
1 responsibilities of a local committee as set forth in SARA,
2 Title III, and as required by the council.
3 (2) Take all actions necessary to ensure the
4 implementation of the local emergency response plan and to
5 notify PEMA upon receipt of a notification of the release of
6 a hazardous material.
7 (3) Investigate alleged violations of this act.
8 (4) Prepare reports, recommendations or other
9 information requested by the council.
10 (5) Meet with any Commonwealth agency or local agency
11 which is empowered to exercise the governmental functions of
12 planning and zoning, to regulate land use and land use
13 development, or to authorize the siting of a facility within
14 the county to discuss and review with the Commonwealth agency
15 and local agency all mitigation factors necessary to protect
16 the health, safety and welfare of the general public from a
17 potential release of hazardous materials from a proposed
18 facility. Mitigation factors include, but are not limited to,
19 environmental impacts, shelter and evacuation feasibility,
20 emergency warning and communications, availability of
21 response equipment and future population and economic growth
22 in the area of the proposed facility.
23 (h) Expenses.--The administrative and operational expenses
24 of a local committee shall be paid from the fees collected by
25 the county and from grants received from the council in
26 accordance with the provisions of sections 207 and 208,
27 respectively.
28 (i) Agency and compensation for injury.--A member of a local
29 committee shall be an agent of the council and shall be deemed a
30 duly enrolled emergency management volunteer for the purposes of
19890H0843B0961 - 14 -
1 35 Pa.C.S. § 7706 (relating to compensation for accidental
2 injury).
3 (j) Advisory capacity.--The local committee may perform
4 other emergency management advisory duties as requested by
5 county elected officials.
6 Section 204. Hazardous material safety program.
7 (a) Components.--In conjunction with the Departments of
8 Environmental Resources, Health, Transportation, Agriculture,
9 Labor and Industry, Public Utility Commission, Fish Commission,
10 Pennsylvania Turnpike Commission, and the Pennsylvania State
11 Police, or any other Commonwealth agencies as determined by the
12 council, PEMA shall develop a hazardous material safety program
13 for incorporation into the Pennsylvania Emergency Management
14 Plan developed by PEMA under 35 Pa.C.S. Pt. V (relating to
15 emergency management services). The hazardous material safety
16 program shall include an assessment of the potential dangers and
17 risks that hazardous material releases occurring at facilities
18 and from transportation related accidents pose to the general
19 public. The Pennsylvania State Fire Academy shall be utilized as
20 a primary training facility pursuant to its duties under 35
21 Pa.C.S. § 7316(c) (relating to Pennsylvania State Fire Academy).
22 The program shall also consider the impacts, consequences and
23 necessary protective measures required to respond to and
24 mitigate the effects of such releases and accidents. The program
25 shall include, but not be limited to:
26 (1) Development of comprehensive emergency management
27 guidance for hazardous materials for the Commonwealth and
28 Commonwealth agencies which sets forth the specific duties,
29 responsibilities, roles and missions of Commonwealth
30 agencies.
19890H0843B0961 - 15 -
1 (2) Development of comprehensive emergency management
2 guidance consistent with the Emergency Management Services
3 Code for hazardous materials that can be used by the local
4 committees to meet the requirements of Federal and
5 Commonwealth statutes and laws.
6 (3) Development of a notification system whereby the
7 owners and operators of a facility will report the occurrence
8 of any hazardous substance or extremely hazardous substance
9 release to the appropriate Commonwealth agencies, local
10 agencies, and Commonwealth and local officials designated in
11 the Commonwealth and local plans. The reporting requirements
12 for this notification system are set forth in section 206.
13 (4) Development of a notification system whereby the
14 transporters of any hazardous substance or extremely
15 hazardous substance will report the occurrence of any
16 hazardous material release to the Commonwealth agencies,
17 local agencies and Commonwealth and local officials
18 designated in the Commonwealth and local plans. The reporting
19 requirements for this notification system are set forth in
20 section 206.
21 (5) Training and equipping Commonwealth agency and local
22 agency public safety and emergency response personnel.
23 (6) Establishing training standards or a certification
24 program for the formation of Commonwealth agency, local
25 agency or regional hazardous material response teams. All
26 Commonwealth agency, local agency or other agencies and
27 committees that establish training standards for emergency
28 service, law enforcement, firefighting or other personnel
29 shall cooperate with the council in the implementation of
30 these training standards or certification program.
19890H0843B0961 - 16 -
1 (7) Periodical exercise of hazardous material release
2 scenarios at facilities and transportation sites that are
3 designed to test the response capabilities of Commonwealth
4 agency, local agency and regional public safety and emergency
5 response personnel.
6 (8) Procurement of specialized hazardous material
7 response supplies and equipment to be used by Commonwealth
8 agency, local agency and regional public safety and emergency
9 response personnel.
10 (9) PEMA's staffing and operation of a 24-hour State
11 emergency operations center to provide effective emergency
12 response coordination for all types of natural and man-made
13 disaster emergencies, including the ability to receive and
14 monitor the emergency notification reports required under
15 sections 205 and 206 from all facilities and transporters
16 involved with hazardous material incidents.
17 (10) Provisions for financial assistance to counties and
18 Commonwealth agencies as provided in sections 207 and 208 and
19 for the payment of compensation benefits awarded to duly
20 enrolled emergency management volunteers under 35 Pa. C.S. §
21 7706 (relating to compensation for accidental injury).
22 Section 205. Emergency reporting requirements.
23 (a) Requirements.--The owner or operator of a facility in
24 this Commonwealth shall comply with the following requirements:
25 (1) The owner or operator of a facility in this
26 Commonwealth covered under section 302 of SARA, Title III,
27 shall comply with the emergency planning and notification
28 requirements under sections 302 and 303 of SARA, Title III.
29 (2) The owner or operator of a facility in this
30 Commonwealth covered under section 311 of SARA, Title III,
19890H0843B0961 - 17 -
1 shall comply with the reporting requirements under sections
2 311 and 312 of SARA, Title III.
3 (3) The owner or operator of a facility in this
4 Commonwealth subject to section 313 of SARA, Title III, shall
5 comply with the toxic chemical release form requirements
6 under section 313 of SARA, Title III.
7 (4) The owner of a facility in this Commonwealth subject
8 to the requirements of paragraphs (2) and (3) shall comply
9 with the procedures for providing information under section
10 323 of SARA, Title III.
11 (5) The owner or operator of a facility in this
12 Commonwealth covered under section 304 of SARA, Title III,
13 shall comply with the notification requirements of section
14 304 of SARA, Title III, and section 206 of this act.
15 (b) Document repository.--For the purposes of complying with
16 the reporting requirements set forth in sections 311, 312 and
17 313 of SARA, Title III, the owner or operator of any facility
18 shall submit its material safety data sheets or chemical lists,
19 emergency and hazardous chemical inventory forms and toxic
20 chemical release forms to the Department of Labor and Industry,
21 which is the council's repository for those documents.
22 (c) Rolling stock.--The owner or operator of a property that
23 has one or more rolling stock located within its property
24 boundaries for any period of time in excess of 30 continuous
25 days shall notify the council and the appropriate local
26 committee of that fact and shall prepare an emergency response
27 plan, which contains those provisions that either the council or
28 the appropriate local committee directs, in order to deal with
29 any potential release of an extremely hazardous substance from
30 that rolling stock.
19890H0843B0961 - 18 -
1 Section 206. Emergency notification requirements.
2 (a) Facility or transportation accident or incident.--Except
3 as provided in subsection (e), the owner or operator of a
4 facility that manufactures, produces, uses, imports, exports,
5 stores, supplies or distributes any hazardous substance or
6 extremely hazardous substance, and the owner or operator of a
7 vehicle that ships, transports or carries any hazardous
8 substance or extremely hazardous substance to, within, through
9 or across this Commonwealth shall immediately report the release
10 of the substance which exceeds the reportable quantity and which
11 occurs outside the property boundaries of the facility or which
12 results from a transportation accident or incident to the
13 appropriate Commonwealth and county emergency response office as
14 follows:
15 (1) Initial notification shall be made by the owner or
16 operator of a facility by calling the 24-hour response
17 telephone number of the county office designated and acting
18 as the emergency response coordinator for the local
19 committee, which may be known as the county emergency
20 management office 24-hour response number.
21 (2) Initial notification shall be made by the owner or
22 operator of a vehicle by dialing 911 or, in the absence of a
23 911 emergency telephone number, calling the operator in order
24 to notify the county emergency management office 24-hour
25 response number within whose jurisdiction the transportation
26 accident or incident has occurred, and reporting that a
27 hazardous substance or an extremely hazardous substance
28 release has occurred.
29 (b) Contents.--The notification shall include each of the
30 following to the extent known at the time of the notice and so
19890H0843B0961 - 19 -
1 long as no delay in responding to the emergency results:
2 (1) The name and telephone number of the person making
3 the notification.
4 (2) The name of the person employed by the owner or
5 operator of the facility or vehicle who has the authority or
6 responsibility to supervise, conduct or perform any cleanup
7 activities required at the facility or transportation
8 accident site or to contract for the performance of any
9 cleanup activities at the facility or transportation accident
10 site.
11 (3) The chemical name or identity of any substance
12 involved in the release.
13 (4) An indication of whether the substance is an
14 extremely hazardous substance or other hazardous material or
15 appears on a Federal or Commonwealth list of hazardous
16 materials as periodically amended.
17 (5) An estimate of the quantity of the substance that
18 was released into the environment.
19 (6) The time, location and duration of the release.
20 (7) The medium or media into which the release occurred.
21 (8) Any known or anticipated acute or chronic health
22 risks associated with the emergency and, where appropriate,
23 advice regarding medical attention necessary for exposed
24 individuals.
25 (9) Proper precautions to take as a result of the
26 release, including evacuation, unless the information is
27 readily available to the community emergency coordinator
28 under an emergency plan, and any other relevant information
29 which may be requested.
30 (10) The name and telephone number of the person or
19890H0843B0961 - 20 -
1 persons to be contacted for further information.
2 (11) Additional information required by Federal or
3 Commonwealth law.
4 (c) Second notice.--A second notification shall be made to
5 the PEMA 24-hour response number. This notification shall
6 contain the information required by subsection (b) and shall be
7 made within one hour of the occurrence of the accident or
8 incident.
9 (d) Written report.--Within 14 calendar days after a release
10 which required notice under this section, the owner or operator
11 of a facility and the owner or operator of a vehicle shall
12 provide a written follow-up emergency notice, or notices if more
13 information becomes available, to PEMA and the county emergency
14 management office setting forth and updating the information
15 required under subsection (b), and including additional
16 information with respect to:
17 (1) Actions taken to respond to and contain the release.
18 (2) Any known or anticipated acute or chronic health
19 risks associated with the release.
20 (3) Advice regarding medical attention necessary for
21 exposed individuals, where appropriate.
22 (4) Actions to be taken to mitigate potential future
23 incidents.
24 (e) Exception.--The provisions of this section shall not
25 apply to a release of a hazardous substance or an extremely
26 hazardous substance if the release of such substance is
27 exempted, excluded or permitted by Federal or Commonwealth
28 statute, law, rule or regulation.
29 Section 207. Establishment of funds.
30 (a) Hazardous Material Response Fund.--There is hereby
19890H0843B0961 - 21 -
1 created in the General Fund a nonlapsing restricted account to
2 be known as the Hazardous Material Response Fund. The fund shall
3 consist of the fees collected under subsection (d). Expenditures
4 from the fund shall be authorized by the Governor and
5 administered by PEMA and shall be used to carry out the
6 purposes, goals and objectives of SARA, Title III, and the
7 Commonwealth's hazardous material safety program.
8 (b) Emergency Planning Fee Account.--The treasurer of each
9 county shall establish a nonlapsing restricted account, to be
10 known as the Emergency Planning Fee Account. The fund shall
11 consist of the fees collected under subsection (c). Expenditures
12 from the fund shall be authorized by the council and shall be
13 used only to fund the administrative and operational expenses of
14 local committees in accordance with guidelines or regulations
15 promulgated by the council.
16 (c) Emergency planning fee.--Each owner or operator of a
17 facility shall pay to the treasurer of the county where the
18 facility is located, for deposit into the Emergency Planning Fee
19 Account, an annual fee to be known as an emergency planning fee,
20 for each facility owned or operated according to the following
21 schedule:
22 (1) Payable on or before July 1, 1989, $100 for each
23 facility at which four or less persons are employed.
24 (2) Payable on or before July 1, 1989, $500 for each
25 facility at which more than four but not more than nine
26 persons are employed.
27 (3) Payable on or before July 1, 1989, $800 for each
28 facility at which more than nine but not more than 19 persons
29 are employed.
30 (4) Payable on or before July 1, 1989, $1,000 for each
19890H0843B0961 - 22 -
1 facility at which more than 19 persons are employed.
2 (5) Payable on or before July 1, 1990, and the first day
3 of July of every year thereafter, $100 for each facility.
4 (d) Hazardous chemical fee.--Each owner or operator of a
5 facility shall pay a fee, to be known as a hazardous chemical
6 fee, of $10 by March 1 of each year to the council for each
7 hazardous chemical within the meaning of 29 CFR 1912.1200(c) or
8 its successor which is required by section 312 of SARA, Title
9 III, to be listed on the hazardous chemical inventory form (Tier
10 II) which the owner or operator of the facility submits to the
11 council. The fees collected under this subsection shall be
12 deposited by the council into the Hazardous Material Response
13 Fund.
14 (e) Exemptions.--The owners or operators of family farm
15 enterprises shall be exempt from payment of the fees required
16 under subsections (c) and (d).
17 (f) Federal funds, grants or other gifts.--The council is
18 authorized to accept and may deposit into the Hazardous
19 Materials Response Fund grants, gifts and Federal funds, for the
20 purpose of carrying out the provisions of this act.
21 Section 208. Emergency management grants.
22 (a) General.--Each county shall participate in the hazardous
23 material safety program and may be eligible to receive an
24 emergency management grant from the Hazardous Material Response
25 Fund in order to comply with the requirements of SARA, Title
26 III, and the Commonwealth's hazardous material safety program.
27 (b) Applications.--A county or Commonwealth agency may apply
28 annually to the council for an emergency management grant.
29 Applications shall be made in the manner specified by the
30 council in regulations promulgated under section 201(g).
19890H0843B0961 - 23 -
1 (c) Eligible Costs.--Eligible costs for emergency management
2 grants are limited to the cost of:
3 (1) Developing, updating and exercising emergency
4 response plans required under section 303 of SARA, Title III.
5 (2) Performing public information functions as required
6 by section 324 of SARA, Title III.
7 (3) Collecting, documenting and processing chemical
8 inventory forms and other documents required by SARA, Title
9 III.
10 (4) Developing an emergency planning and response
11 capability for responding to hazardous material releases and
12 meeting the requirements of the Commonwealth's hazardous
13 material safety program.
14 (5) Supporting the operation and administration of local
15 committees.
16 (d) Grant amount.--The amount of the annual grant from the
17 Hazardous Material Response Fund shall not exceed the amount of
18 the funds of local revenues made available by the county for the
19 purpose of complying with the requirements and provisions of
20 SARA, Title III, and this act.
21 (e) Payment of grants.--The council shall review annually
22 all applications received under this section and may make grants
23 to the counties and Commonwealth agencies from the Hazardous
24 Material Response Fund. The council shall prioritize the
25 available funds among the eligible applicants based upon the
26 following criteria:
27 (1) Compliance with the requirements of SARA, Title III,
28 and the Commonwealth's hazardous material safety program and
29 emergency management services program.
30 (2) The number of facilities located within the county,
19890H0843B0961 - 24 -
1 or the existence of unique or special circumstances that pose
2 a threat to the health and safety of the general public, or
3 both.
4 (3) Availability of financial, technical or other
5 assistance to the applicant from other governmental, business
6 or private sources.
7 Section 209. Hazardous material response teams.
8 (a) Hazardous material response zones.--The council or its
9 designated agent may establish hazardous material response zones
10 consisting of portions of counties or multiple counties that may
11 be served by hazardous material response teams that are
12 certified by the council.
13 (b) Grants.--Each certified hazardous material response team
14 may be eligible to receive, through an application submitted by
15 either a Commonwealth agency or county, an emergency management
16 grant from the Hazardous Material Response Fund.
17 (c) Compliance with guidelines and regulations.--Hazardous
18 material response teams shall comply with any guidelines,
19 regulations, directives or other documents developed by the
20 council for incorporation into the Commonwealth's hazardous
21 material safety program.
22 (d) Compliance with act.--Each county shall comply with its
23 duty to respond to hazardous material releases or incidents
24 under the provisions of this act and the emergency management
25 services code by doing any of the following:
26 (1) Individually organizing and operating a certified
27 hazardous materials response team.
28 (2) Contracting with a certified hazardous material
29 response team, such as those formed by a regional hazardous
30 materials organization.
19890H0843B0961 - 25 -
1 (3) Participating as a member of a regional hazardous
2 materials organization for the purpose of creating and
3 organizing a certified hazardous material response team.
4 (e) Regional hazardous materials organizations.--Regional
5 hazardous materials organizations formed solely by a county or
6 counties may be funded fully or in part by proportional
7 contributions from the political subdivisions included within
8 the hazardous material response zone serviced by the regional
9 hazardous materials organization or as otherwise agreed to by
10 contract between the regional hazardous materials organization
11 and those political subdivisions.
12 (f) Insurance.--Each Commonwealth agency, local agency,
13 regional hazardous materials organization, volunteer service
14 organization, hazardous material transporter, manufacturer,
15 supplier or user, or other entity that organizes a hazardous
16 material response team shall be responsible for providing
17 workers' compensation and liability insurance for its hazardous
18 material response team. A hazardous material response team that
19 meets the training standards or certification requirements
20 established under the Commonwealth's hazardous material safety
21 program shall receive a discount from the applicable insurance
22 company as that insurance company's loss experience justifies.
23 (g) Emergency response.--A certified hazardous materials
24 response team may enter onto any private or public property on
25 which a release of a hazardous material has occurred or the
26 occurrence or the threat of a hazardous material release is
27 imminent. A certified hazardous materials response team may
28 enter any adjacent or surrounding property to which the
29 hazardous material release has entered or threatens to enter. A
30 certified hazardous materials response team may enter any
19890H0843B0961 - 26 -
1 private or public property in order to respond to the release or
2 threatened release of a hazardous material, to monitor and
3 contain the hazardous material release, to perform cleanup,
4 removal and remedial actions, and to perform any other emergency
5 response activities deemed necessary by the certified hazardous
6 material response team or by the representatives of PEMA, the
7 county emergency management office as established under 35
8 Pa.C.S. Pt. V (relating to emergency management services), or
9 the local committee.
10 Section 210. Recovery of response costs.
11 (a) General rule.--A person who causes a release of a
12 hazardous material shall be liable for the response costs
13 incurred by a hazardous material response team. The Commonwealth
14 agency, local agency, regional hazardous materials organization,
15 volunteer emergency service organization, or hazardous material
16 transporter, manufacturer, supplier or user that organized the
17 hazardous material response team that undertakes a response
18 action may recover those response costs in an action in equity
19 brought before a court of competent jurisdiction. Should more
20 than one hazardous material response team incur response costs
21 for the same hazardous material release or incident, the
22 organizing entities of those hazardous material response teams
23 may file a joint action in equity and may designate one entity
24 to represent the others in the law suit.
25 (b) Amount.--In an action to recover response costs, a
26 Commonwealth agency, local agency, regional hazardous materials
27 organization, or a hazardous material transporter, manufacturer,
28 supplier or user may include operational, administrative
29 personnel and legal costs incurred from its initial response
30 action up to the time that it recovers its costs. The amount
19890H0843B0961 - 27 -
1 attributable to administrative and legal costs shall be 10% of
2 the amount paid for the response action or the actual costs,
3 whichever is greater. Volunteer emergency service organizations
4 may include only operational, administrative and legal costs
5 incurred from its initial response action up to the time that it
6 recovers its costs.
7 (c) Civil penalty.--If a Commonwealth agency or local agency
8 files an action to recover the response costs incurred by its
9 hazardous material response team, it may also seek civil
10 penalties under section 302.
11 (d) Definitions.--When used in this section, the term
12 "response cost" includes the following:
13 (1) Disposable materials and supplies acquired, consumed
14 and expended specifically for the purpose of the response to
15 the hazardous material release.
16 (2) Rental or leasing of equipment used specifically for
17 the response, for example, protective equipment or clothing
18 and scientific and technical equipment.
19 (3) Replacement costs for equipment that is contaminated
20 beyond reuse or repair during the response, for example,
21 self-contained breathing apparatus irretrievably contaminated
22 during the response.
23 (4) Decontamination of equipment contaminated during the
24 response.
25 (5) Compensation of employees or members of the
26 hazardous material response team, to include regular and
27 overtime pay for permanent full-time and other than full-time
28 employees or members.
29 (6) Special technical services specifically required for
30 the response, for example, costs associated with the time and
19890H0843B0961 - 28 -
1 efforts of technical experts or specialists.
2 (7) Laboratory and testing costs for purposes of
3 analyzing samples or specimens taken during the response.
4 (8) Other special services specifically required for the
5 response, for example, utility costs.
6 (9) Costs associated with the services, supplies and
7 equipment used to conduct an evacuation during the response.
8 Section 211. Facility and vehicle inspection and testing.
9 (a) Inspection.--In order to determine compliance with this
10 act and SARA, Title III, either PEMA or a local committee may
11 send representatives to a facility or vehicle site, during
12 normal business hours, to inspect the facility or vehicle and to
13 request information or reports from the facility or vehicle
14 owner or operator concerning the chemical name, identity,
15 amount, or any other information necessary for emergency
16 planning and response purposes for any substance, liquid,
17 mixture, compound, material or product manufactured, produced,
18 used, stored, supplied, imported, exported or distributed at, to
19 or from the facility or vehicle.
20 (b) Testing.--Should a representative of PEMA or the local
21 committee determine during the course of a facility or vehicle
22 inspection that the chemical name, identity, amount or any other
23 requested information for any substance, liquid, mixture,
24 compound, material or product present at the facility or vehicle
25 cannot be identified or determined to his satisfaction, due to
26 the lack of proper labeling, placarding, record keeping or for
27 any other reason, the representative shall have the authority to
28 take a sample or specimen of the substance, liquid, mixture,
29 compound, material or product, in those amounts deemed
30 necessary, in order to have the sample or specimen tested and
19890H0843B0961 - 29 -
1 analyzed either at the time of the inspection or subsequent to
2 the inspection at a Commonwealth, county or private laboratory.
3 The purpose of the test or analysis shall be to identify the
4 chemical properties of the sample or specimen or to determine
5 the amount of the substance, liquid, mixture, compound, material
6 or product manufactured, produced, used, stored, supplied,
7 imported, exported or distributed at, to or from the facility or
8 vehicle. The owner or operator of a facility or vehicle shall
9 pay any testing and laboratory analysis costs incurred by PEMA
10 or a local committee as performed under this section.
11 (c) Emergency situations.--Should a release or threatened
12 release of a known or unknown substance, liquid, mixture,
13 compound, material or product occur or appear to be imminent at
14 a facility or vehicle site, which endangers or has the potential
15 to endanger the health, safety and welfare of the public,
16 employees of the facility, or the vehicle's owner or operator,
17 or the employees of the owner or operator of the vehicle, PEMA
18 or the local committee may send representatives to the facility
19 or vehicle site at any time in order to inspect the facility or
20 vehicle and to assess the danger posed by the release or
21 threatened release and to obtain samples or specimens of the
22 substance, liquid, mixture, compound, material or product
23 involved in the release or threatened release and to perform any
24 other emergency response activities deemed necessary by the
25 representatives of PEMA or the local committee.
26 (d) Trade secrets.--A person shall provide the
27 representative of PEMA or the local committee with the chemical
28 name, identity or any other information requested concerning any
29 substance, liquid, mixture, compound, material or product
30 present at the facility or vehicle, whether or not the chemical
19890H0843B0961 - 30 -
1 name, identity or other information requested is entitled to
2 protection as a trade secret under section 322 of SARA, Title
3 III. For that information which has received trade secret
4 protection under section 322 of SARA, Title III, prior to the
5 date of the inspection or request, the representative shall give
6 a written assurance to the person that reasonable measures will
7 be taken to protect the confidentiality of any information
8 provided to the representative.
9 CHAPTER 3
10 MISCELLANEOUS PROVISIONS
11 Section 301. Immunity from civil liability.
12 (a) General.--No Commonwealth agency, local agency, regional
13 hazardous materials organization, volunteer emergency service
14 organization or hazardous material transporter, manufacturer,
15 supplier or user that organized the hazardous material response
16 team nor their elected officers, officials, directors and
17 employees, and no hazardous material response team member,
18 member of an industrial hazardous material response team, law
19 enforcement officer, ambulance service or rescue squad member,
20 firefighter or other emergency response personnel engaged in any
21 emergency service or response activities involving a hazardous
22 material release at a facility or transportation accident site
23 shall be liable for the death of or any injury to persons or
24 loss or damage to property resulting from that hazardous
25 material release, except for any acts or omissions which
26 constitute willful misconduct.
27 (b) Council and local committees.--No member of the council
28 or a local committee shall be liable for any civil damages
29 resulting from any act or omission arising out of the
30 performance of the functions, duties and responsibilities of the
19890H0843B0961 - 31 -
1 council or local committee, except for acts or omissions which
2 constitute willful misconduct.
3 (c) Other.--No employee, representative or agent of a
4 Commonwealth agency or local agency engaged in any emergency
5 service or response activities involving a hazardous material
6 release at a facility or transportation accident site shall be
7 liable for the death of or any injury to persons or loss or
8 damage to property resulting from that hazardous material
9 release, except for any acts or omissions which constitute
10 willful misconduct.
11 Section 302. Penalties and fines.
12 (a) Civil penalty.--A person who violates any of the
13 emergency reporting, planning or notification requirements of
14 sections 201 through 206 or any regulations promulgated under
15 those sections shall be subject to a civil penalty of not less
16 than $1,000 and not more than $25,000, plus $5,000 for each day
17 of continued violation.
18 (b) Misdemeanor.--A person who:
19 (1) Knowingly and willfully fails to report the release
20 of a hazardous substance or extremely hazardous substance as
21 required by sections 205 and 206 commits a misdemeanor of the
22 third degree and shall, upon conviction, be sentenced to pay
23 a fine of not less than $1,000 and not more than $25,000 for
24 each separate offense or imprisonment in the county jail for
25 a period of not more than one year, or both. For the purposes
26 of this paragraph, each day of continued violation
27 constitutes a separate offense.
28 (2) Intentionally obstructs or impairs, by force,
29 violence, physical interference or obstacle, a representative
30 of PEMA or the local committee attempting to perform the
19890H0843B0961 - 32 -
1 duties and functions set forth in section 211, commits a
2 misdemeanor of the second degree and shall, upon conviction,
3 be sentenced to pay a fine of not less than $1,000 and not
4 more than $5,000 for each separate offense or imprisonment in
5 the county jail for a period of not more than two years, or
6 both.
7 (c) Disposition.--One half of all civil penalties and fines
8 collected under this section shall be deposited into the
9 Hazardous Material Response Fund and one half shall be deposited
10 into the appropriate county Emergency Planning Fee Account.
11 Section 303. Enforcement.
12 (a) Civil actions.--The Office of Attorney General, or the
13 Office of General Counsel may commence a civil action against
14 any person for failure to comply with this act or its
15 regulations. The council, a county or a municipality may
16 commence a civil action against any person for failure to comply
17 with this act or its regulations if the Office of Attorney
18 General or the Office of General Counsel has not commenced such
19 action and more than 60 days have elapsed since the plaintiff
20 gave notice of the alleged violation to the alleged violator.
21 (b) Criminal actions.--The Office of Attorney General under
22 the act of October 15, 1980 (P.L.950, No.164), known as the
23 Commonwealth Attorneys Act, or the district attorney for the
24 county in which the violation is alleged to have occurred, may
25 commence criminal proceedings for the enforcement of this act
26 and its regulations.
27 (c) Venue.--A proceeding under subsection (a) or (b) may be
28 brought in the court of common pleas for the county in which the
29 defendant is located or for the county in which the violation is
30 alleged to have occurred.
19890H0843B0961 - 33 -
1 Section 304. Relationship to other laws.
2 (a) Federal law.--This law shall be read in conjunction with
3 Federal acts, laws or regulations providing for the
4 identification, labeling or reporting of information concerning
5 hazardous material releases, and any other health and safety
6 matters related to hazardous materials, and is intended to
7 supplement Federal acts, laws and regulations in the interests
8 of protecting the health and safety of the citizens of this
9 Commonwealth. In those instances where the provisions of this
10 act are more comprehensive or stringent than the provisions of
11 an applicable Federal act, law or regulation, the provision of
12 this act shall be controlling.
13 (b) State law.--Nothing in this act shall affect or modify
14 in any way the obligations or liabilities of any person under
15 other statutes of this Commonwealth.
16 (c) Local law.--This act shall preempt any ordinances or
17 resolutions passed or adopted by any political subdivision that
18 is effective on or before the effective date of this act to the
19 extent that such ordinance or resolution conflicts or is
20 inconsistent with the provisions of this act.
21 Section 305. Facility insurance.
22 A facility that complies with the emergency reporting
23 requirements of section 205(a), (b), (c), (e) and (g) of this
24 act, as applicable to that facility, may receive a discount from
25 that facility's insurance company as that insurance company loss
26 experience justifies.
27 Section 306. Appropriation.
28 The sum of $650,000 is appropriated to the Pennsylvania
29 Emergency Management Agency for fiscal year July 1, 1989, to
30 June 30, 1990, and shall likewise be appropriated each fiscal
19890H0843B0961 - 34 -
1 year thereafter in order to carry out the various provisions of
2 SARA, Title III, and this act.
3 Section 307. Severability.
4 The provisions of this act are severable. If any provision of
5 this act or its application to any person or circumstance is
6 held invalid, the invalidity shall not affect other provisions
7 or applications of this act which can be given effect without
8 the invalid provision or application.
9 Section 308. Effective date.
10 This act shall take effect immediately.
B14L35RZ/19890H0843B0961 - 35 -