PRIOR PRINTER'S NO. 2192 PRINTER'S NO. 3387
No. 1786 Session of 1999
INTRODUCED BY ARGALL, GEIST, HALUSKA, HENNESSEY, HERSHEY,
SAYLOR, STEELMAN, E. Z. TAYLOR, R. MILLER, STETLER AND BUNT,
JULY 20, 1999
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 18, 2000
AN ACT
1 Providing for the transferring of liquefied petroleum gas, for
2 registration, for fees, for inspection, for records, for
3 training, for permits and for appeal; establishing the
4 Liquefied Petroleum Gas Advisory Board; providing for
5 insurance, for prohibitions and for penalties; and making
6 repeals.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Definitions.
10 Section 3. Transfer of LPG.
11 Section 4. Registration.
12 Section 5. Fees.
13 Section 6. Inspection. <--
14 Section 7. Records.
15 Section 8. Operator training.
16 Section 9. Permits, registration and inspection.
17 Section 10. Siting.
18 Section 11. Application process.
19 Section 12. Appeal.
1 Section 13. Advisory board.
2 Section 14. Insurance.
3 Section 15. Prohibitions.
4 Section 16. Preemption of municipal regulations.
5 Section 17. Regulations.
6 Section 18. Penalties.
7 Section 19. Administration.
8 Section 20. Repeals.
9 Section 21. Effective date.
10 SECTION 6. RECORDS. <--
11 SECTION 7. OPERATOR TRAINING.
12 SECTION 8. INSPECTIONS.
13 SECTION 9. SITING.
14 SECTION 10. APPLICATION PROCESS.
15 SECTION 11. APPEAL.
16 SECTION 12. ADVISORY BOARD.
17 SECTION 13. INSURANCE.
18 SECTION 14. PROHIBITIONS.
19 SECTION 15. PREEMPTION OF MUNICIPAL REGULATIONS.
20 SECTION 16. REGULATIONS.
21 SECTION 17. ENFORCEMENT AND PENALTIES.
22 SECTION 18. ADMINISTRATION.
23 SECTION 19. REPEALS.
24 SECTION 20. EFFECTIVE DATE.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Short title.
28 This act shall be known and may be cited as the Propane and
29 Liquefied Petroleum Gas Act.
30 Section 2. Definitions.
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1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Advisory board." The Liquefied Petroleum Gas Advisory
5 Board.
6 "AUTHORIZED ATTENDANT." AN EMPLOYEE OF A MANUFACTURER, <--
7 DISTRIBUTOR, OR USER OF LPG WHO HAS BEEN TRAINED, IN A MANNER
8 APPROVED BY THE DEPARTMENT OF LABOR AND INDUSTRY, IN THE PROPER
9 PERFORMANCE OF DUTIES, AND WHO HAS BEEN OFFICIALLY RECOGNIZED BY
10 THE FACILITY OPERATOR TO PERFORM THOSE DUTIES.
11 "Bulk plant." An LPG storage facility, the primary purpose
12 of which is the distribution of LPG; which receives LPG by tank <--
13 car, tank truck or piping; and which distributes the LPG to the
14 end user by portable container (package) delivery or by tank
15 truck. The facility must have bulk storage water capacity of
16 2,000-gallon (7.6 cubic meters) or more, and have either
17 container filling or a tank loading facility on the premises.
18 The term includes a facility regardless of bulk storage
19 capacity, that transfers LPG from tank cars on a private track
20 directly into cargo tanks. WHICH HAS: <--
21 (1) A BULK STORAGE CAPACITY OF AT LEAST 2,000 GALLONS;
22 AND
23 (2) CONTAINER-FILLING OR TANK-LOADING FACILITIES ON THE
24 PREMISES.
25 THE TERM INCLUDES A CONSUMER OF LPG THAT USES STORAGE TANKS TO
26 REFILL THE CONSUMER'S OWN CONTAINERS IF THE CONSUMER'S STORAGE
27 FACILITY HAS A BULK STORAGE CAPACITY OF LESS THAN 2,000 GALLONS.
28 "Department." The Department of Labor and Industry of the
29 Commonwealth.
30 "Dispenser." A person licensed by the Department of Labor <--
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1 and Industry who sells or transfers LPG. The term does not
2 include a person that sells both LPG and the container in which
3 the LPG is contained if the container is not more than 2.5
4 pounds water capacity.
5 "Establishment." Any room, building or place within this
6 Commonwealth where persons are employed or permitted to work for
7 compensation of any kind, to whomever payable, and any place of
8 public assembly or business to which the public has access,
9 including homes, apartments, private dwellings or other places
10 as designated by the Department of Labor and Industry.
11 "DISTRIBUTOR." A PERSON AUTHORIZED BY THE DEPARTMENT OF <--
12 LABOR AND INDUSTRY TO SELL OR TRANSFER LPG.
13 "Gallons." The term shall be measured in terms of water
14 capacity.
15 "Industrial user." Any person who is the consumer of LPG and
16 who maintains A total storage capacity of 2,000-gallon water <--
17 capacity or more AT A SITE OF AT LEAST 2,000 GALLONS AND WHOSE <--
18 STORAGE TANKS ARE NOT OTHERWISE REGISTERED UNDER A DISTRIBUTOR.
19 "Industry standard." Those standards developed by the
20 National Fire Protection Association for the storage and
21 handling of liquefied petroleum gases.
22 "Liquefied petroleum gas" or "LPG." Any material in liquid
23 form that is composed predominately of any of the following
24 hydrocarbons or mixtures thereof:
25 (1) Propane.
26 (2) Propylene.
27 (3) Normal butane or isobutane.
28 (4) Butylenes.
29 "LPG facility." Persons, dispensers DISTRIBUTORS, bulk <--
30 plants and industrial users. with storage capacity in excess of <--
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1 9,000 gallons.
2 "Operator." A person transferring LPG. The term includes
3 owners, agents or employees of a LPG facility. To be an
4 operator, the person does not need be the owner of the
5 container.
6 "Person." Any individual, firm, partnership, unincorporated
7 association, corporation or municipality, POLITICAL SUBDIVISION <--
8 OR AUTHORITY, including the Commonwealth.
9 "Secretary." The Secretary of Labor and Industry of the
10 Commonwealth.
11 "Transfer." To cause LPG to pass from any pipeline, tank,
12 container, tank truck, receptacle or storage location to a
13 similar or different type of pipeline, tank, container, tank
14 truck, receptacle or storage location.
15 Section 3. Transfer of LPG.
16 (a) Authorization required.--No person shall transfer, sell,
17 fill, refill, deliver or permit to be delivered any LPG or use a <--
18 LPG container or receptacle unless authorized to do so by the
19 owner of the LPG container and properly authorized by the <--
20 department to do so, or authorized to do so by emergency
21 response agencies, their agents, volunteers or employees. <--
22 (b) Notification.--Whenever any person acting in behalf of
23 an authorized emergency response agency transfers LPG or
24 disconnects any LPG container, such person shall notify the
25 container owner within five days after transferring LPG or <--
26 disconnecting a LPG container.
27 (c) Permit for transfer.--No person shall sell or transfer
28 LPG to any LPG facility that does not possess a current permit
29 or other authorization issued by the department. SUCH ACTION. <--
30 (d) (C) Container to be secured.--Any person disconnecting <--
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1 such container shall secure the LPG container in a safe fashion.
2 Section 4. Registration.
3 (a) General rule.--The following shall register with and
4 obtain a permit from the department:
5 (1) Dispensers. <--
6 (2) Bulk plants.
7 (3) Individual industrial or utility users with storage
8 capacity of 9,000 gallons or more.
9 (1) DISTRIBUTORS. <--
10 (2) BULK PLANTS.
11 (3) INDUSTRIAL USERS.
12 (4) Owners of containers of 470 pounds water capacity or
13 larger who are not registered as LPG facilities. <--
14 (b) Notice of location.--Owners of underground storage
15 containers of any size are required to notify the department of
16 the proposed location of any underground storage container prior
17 to installation of an underground storage container.
18 (c) Submission of plans.--Prior to beginning construction or
19 modification of an LPG facility, the owner of any LPG facility
20 shall submit to the department for its approval plans for the
21 construction or modification of the LPG facility. The owner
22 shall provide additional technical information if it is
23 requested by the department for purposes of plan approval.
24 Before any LPG facility is put into use, the owner shall apply
25 OTHERWISE REGISTERED. <--
26 (B) SUBMISSION OF PLANS.--
27 (1) PRIOR TO BEGINNING CONSTRUCTION OR MODIFICATION OF
28 AN LPG FACILITY, THE FOLLOWING REQUIREMENTS SHALL BE MET:
29 (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), THE
30 OWNER OF AN LPG FACILITY SHALL SUBMIT TO THE DEPARTMENT
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1 FOR ITS APPROVAL PLANS FOR THE CONSTRUCTION OR
2 MODIFICATION OF THE FACILITY. THE OWNER SHALL PROVIDE
3 ADDITIONAL TECHNICAL INFORMATION IF IT IS REQUESTED BY
4 THE DEPARTMENT FOR PURPOSES OF PLAN APPROVAL.
5 (II) A DISTRIBUTOR INSTALLING OR EXPANDING AN LPG
6 FACILITY WITH TOTAL STORAGE CAPACITY OF LESS THAN 9,000
7 GALLONS SHALL SUBMIT TO THE DEPARTMENT, IN A MANNER
8 SPECIFIED BY THE DEPARTMENT, NOTICE OF INTENT TO INSTALL.
9 (2) BEFORE ANY LPG FACILITY IS PUT INTO USE, THE OWNER
10 SHALL APPLY for and receive a permit from the department.
11 Section 5. Fees.
12 (a) Establishment.--The department, in consultation with the
13 advisory board, shall establish fees by regulation for the
14 approval of new and expansion of existing LPG facilities,
15 permits, transfer permits and certification of training <--
16 programs. LPG facilities shall not be required to pay additional
17 fees as owners of individual containers of 470 pounds water
18 capacity or larger.
19 (b) Use of fees.--The total fees collected by the department
20 annually shall equal as closely as possible the expenditures
21 necessary for the enforcement of this act. All fees received
22 pursuant to this act shall be paid into the State Treasury
23 through the Department of Revenue.
24 (c) Effective date.--This section shall not take effect
25 until the next annual billing by the department following the
26 effective date of this act and adoption of appropriate
27 regulations.
28 (d) Interim.--Until this section takes effect, fees shall be
29 assessed under section 3.2 of the act of December 27, 1951
30 (P.L.1793, No.475), referred to as the Liquefied Petroleum Gas
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1 Act.
2 Section 6. Inspection. <--
3 The department shall inspect a sufficient number of LPG
4 installations to insure that they are properly installed and
5 maintained in accordance with the provisions of this act and the
6 regulations of the department.
7 Section 7 SECTION 6. Records. <--
8 Adequate records shall be maintained by each LPG facility
9 owner as to the installation addresses of all customers served.
10 The records shall be made available to the department upon
11 request at a location specified by the LPG facility owner during
12 normal business hours. Records may be maintained in any
13 accessible form, including paper or computer disk.
14 Section 8 7. Operator training. <--
15 (a) Required training.--No individual, employee or agent <--
16 shall transfer LPG without receiving training from an LPG <--
17 facility operator UNLESS THE INDIVIDUAL IS AN AUTHORIZED <--
18 ATTENDANT. Each LPG facility operator shall develop and submit
19 to the department a program of training which is in accordance
20 with standards approved by the department. The department shall
21 consult with the Advisory Board and the Pennsylvania Propane Gas
22 Association in the development of an approved training program.
23 (b) Records.--The LPG facility operator shall maintain
24 training records and make those records available to the
25 department in accordance with this act.
26 Section 9. Permits, registration and inspection. <--
27 SECTION 8. INSPECTIONS. <--
28 (a) Permits for LPG facilities.--The department shall issue <--
29 permits for LPG facilities and conduct a reasonable number of
30 inspections to ensure compliance with this act ESTABLISH A <--
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1 SCHEDULE FOR INSPECTION OF LPG FACILITIES. An LPG facility shall
2 not be inspected more than once every two years. unless the <--
3 department finds that there is just cause to believe that there
4 is a threat to public safety at the facility.
5 (b) Permits to individual owners.--The department shall
6 issue permits to individual owners of containers of 470 pounds
7 water capacity or larger who are not otherwise covered by this
8 section and shall inspect the containers
9 (B) INDIVIDUAL OWNERS.--THE DEPARTMENT SHALL INSPECT <--
10 INDIVIDUALLY OWNED CONTAINERS WITH WATER CAPACITY OF AT LEAST
11 470 POUNDS NOT MORE THAN ONCE EVERY TWO YEARS on a schedule
12 established by the department.
13 (c) Register of underground installations.--The department <--
14 shall also maintain a register of all owners of underground
15 installations and the location of such installations. The
16 department shall annually forward a copy of all underground
17 locations within a particular county to the county recorder of
18 deeds office.
19 (C) GENERAL INSPECTION AUTHORITY.--THE DEPARTMENT MAY, WHEN <--
20 IT HAS JUST CAUSE TO BELIEVE THERE IS A THREAT TO PUBLIC SAFETY
21 AT A PARTICULAR INSTALLATION, INSPECT ANY LPG FACILITY OR
22 PRIVATELY OWNED CONTAINER, WITH WATER STORAGE CAPACITY OF AT
23 LEAST 470 POUNDS.
24 Section 10 9. Siting. <--
25 The department shall have the authority to develop criteria
26 applicable to the siting of all new LPG facilities in excess of
27 300,000 400,000 gallons and the expansion of all existing LPG <--
28 facilities if the expansion would exceed 500,000 400,000 GALLONS <--
29 total capacity. Those criteria shall include, but not be limited
30 to:
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1 (1) Storage quantities.
2 (2) Proximity to populated areas and public ways.
3 (3) The impact of any rejection from the department upon
4 the LPG facility's ability to service current and anticipated
5 consumer needs and upon the LPG facility's business
6 investment.
7 (4) Risk to and from existing adjacent facilities.
8 (5) Topography of the site.
9 (6) Access for emergency vehicle response.
10 (7) Utilities, both public and private.
11 (8) Requirements for receipt or shipment of products.
12 (9) Compliance with local code and ordinances as
13 provided in section 16 15. <--
14 (10) The safety plan proposed by the LPG facility, such
15 as emergency systems, spill containment, fire protection,
16 fencing and lighting.
17 Section 11 10. Application process. <--
18 (a) Application required.--Any person that plans to operate
19 a new propane LPG facility in excess of 300,000 400,000 gallons <--
20 or expand an existing propane LPG facility to exceed 500,000 <--
21 400,000 gallons shall submit an application to the department. <--
22 Upon submission of the application to the department, the
23 applicant shall notify the chief executive of the municipality <--
24 where the facility is located that the applicant has filed an
25 application with the department. NOTIFICATION SHALL BE IN A <--
26 MANNER PROVIDED BY THE DEPARTMENT.
27 (b) Publication.--Within ten business days of receipt of the
28 application, the department shall arrange for publication of a
29 notice of application in the Pennsylvania Bulletin.
30 (c) Protest.--Any party that wishes to protest the approval
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1 of an application must file a notice of protest with the
2 department within 30 days after the date of the publication of
3 the notice of application. The municipality in which the LPG
4 facility would be located is a party for purposes of this
5 section. Any party, including a political subdivision <--
6 MUNICIPALITY, who does not file a protest on a timely basis <--
7 shall be barred from any participation in the application or
8 appeal process.
9 (d) Written comments.--The applicant and any party who has
10 filed a notice of protest shall submit written comments to the
11 department supporting their respective positions within 45 days
12 of the publication of the notice of application in the
13 Pennsylvania Bulletin.
14 (e) Review.--The department shall review the written
15 submissions and may inspect the site. The department shall issue
16 a written determination approving or disapproving the
17 application within 90 days of the publication of the notice of
18 application, AND A COPY OF THE NOTICE SHALL BE SENT TO ALL <--
19 INTERESTED PARTIES BY CERTIFIED MAIL. This time may be extended
20 only upon receipt of a written approval of the extension from
21 the applicant.
22 Section 12 11. Appeal. <--
23 (a) Determination.--The department shall issue its initial
24 determination. A party may appeal the initial determination to
25 the department. An appeal must be filed within 30 days.
26 (b) Hearing.--If an appeal is filed under subsection (a), a
27 formal hearing shall then be conducted in accordance with the
28 provisions of 2 Pa.C.S. (relating to administrative law and
29 procedure) by a hearing examiner appointed by the secretary. The
30 department may, at its discretion, secure an independent
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1 scientific consultant with knowledge of LPG facilities who shall
2 prepare and issue a report, which shall be made part of the
3 record before the hearing examiner. The cost of the services of
4 this expert shall be equally divided between the department and
5 the parties. Parties may also secure expert testimony if they
6 desire. The order of the hearing examiner shall be appealable to
7 the Industrial Board within 15 days of its receipt by a party.
8 (c) Decision.--The Industrial Board shall issue its decision
9 within 60 days of the department's receipt of the appeal from
10 the hearing examiner's decision.
11 (d) Appeal of decision.--Any party may appeal a decision of
12 the Industrial Board to the Commonwealth Court within 30 days of
13 the date of issuance of the decision.
14 Section 13 12. Advisory board. <--
15 (a) Establishment.--There is hereby established a Liquefied
16 Petroleum Gas Advisory Board within the department. The members
17 of the board shall be appointed by the secretary and shall
18 advise the Industrial Board in matters under this act.
19 (b) Members.--The board shall consist of seven members as
20 follows:
21 (1) One representative of the department who shall serve
22 as chairperson.
23 (2) Five representatives from the Liquefied Petroleum
24 Gas Industry. To the extent possible, the representatives
25 must represent various segments of the industry and have
26 knowledge of LPG facilities of different sizes and types of
27 storage.
28 (3) One consumer representative.
29 (c) Conduct of business.--The board shall conduct business
30 in accordance with the 65 Pa.C.S. Ch. 7 (relating to open
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1 meetings).
2 (d) Terms.--The members of the board shall be appointed to
3 terms of three years. Terms following the initial appointment
4 shall be staggered so that three members initially serve a
5 three-year appointment, two members serve a two-year appointment
6 and two members serve a one-year appointment.
7 (e) Duties.--The board shall:
8 (1) Review and comment on all fee schedules prior to
9 promulgation and adoption by the department.
10 (2) Review and comment on all regulations prior to
11 release of such regulations to the Office of Attorney General
12 under section 204(b) of the act of October 15, 1980 (P.L.950,
13 No.164), known as the Commonwealth Attorneys Act.
14 (3) Review and comment on all amendments to industry
15 standards.
16 (4) Consider enforcement problems within the industry.
17 (5) Recommend appropriate training programs for
18 functions performed by various types and classifications of
19 industry employees. Such training programs may include video,
20 computer-based printed material and attendance at industry-
21 sponsored programs, seminars and demonstrations.
22 (6) Recommend scientific experts with knowledge of LPG
23 facilities for use in the appeals process.
24 (7) Consider other issues specified by the secretary.
25 (f) Compensation.--Members of the board shall serve without
26 compensation but shall be reimbursed for actual and reasonable
27 expenses related to the performance of their official duties.
28 Reimbursement shall be allocated from funds available under this
29 act.
30 Section 14 13. Insurance. <--
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1 An LPG facility shall secure and maintain policies of
2 liability insurance in the following amounts:
3 (1) Dispensers AN LPG FACILITY WITH A STORAGE CAPACITY <--
4 OF NOT MORE THAN 9,000 GALLONS shall maintain minimum
5 LIABILITY coverage of $250,000. <--
6 (2) Individual and industrial users AN LPG FACILITY with <--
7 a storage capacity in excess of 9,000 gallons and bulk plants <--
8 shall maintain minimum liability coverage of $1,000,000 per
9 incident and $2,000,000 in the aggregate.
10 Section 15 14. Prohibitions. <--
11 (a) Installation.--No person shall install, service, fill or <--
12 for any other purpose place a tank of LPG on top of any roof of
13 a dwelling or structure within this Commonwealth unless the tank
14 was installed prior to January 1, 1980.
15 (b) Department.--The department shall not approve or permit <--
16 any type of LPG installation on top of any roof of a dwelling or
17 structure within this Commonwealth.
18 (c) Dispenser.--A dispenser shall not install, service or
19 fill nor shall any other person place a tank or any type of LPG
20 installation on top of any roof of a dwelling or structure
21 within this Commonwealth. This section shall not be superseded
22 by industry standards.
23 Section 16 15. Preemption of municipal regulations. <--
24 (a) Rights reserved by Commonwealth.--The Commonwealth
25 specifically reserves the sole right and ability to regulate any
26 and all matters related to the operation of the Liquefied
27 Petroleum Gas Industry in accordance with this act.
28 (b) Regulations not to conflict.--
29 (1) Except for cities of the first and second class, and
30 as provided in paragraph (2), no municipality or any other
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1 political subdivision shall adopt or enforce any ordinance or
2 regulation which differs from or conflicts in whole or in
3 part with the provisions of this act or with the regulations
4 promulgated under this act with regard to permits, licensing
5 standards, fees, construction, installation, maintenance,
6 operation, inspection or location of LPG tanks or plants or
7 any other matters related to this industry within this
8 Commonwealth. Notwithstanding any provisions of NFPA 58 to
9 the contrary, a municipality retains the right to establish, <--
10 FOR LPG TANKS, side and rear yard setbacks of ten feet from a
11 property line in residential districts. An LPG facility shall <--
12 comply with the municipal standards applied to primary
13 structures permitted in the particular district.
14 (2) A municipality shall retain the right pursuant to
15 local zoning ordinances to require any LPG facility to locate
16 within approved residential, industrial, commercial or other
17 zones and to require to AN LPG facility to obtain zoning <--
18 permits, pay zoning fees and undergo inspections related to
19 the zoning of the LPG facility. ANY BUILDING AT AN LPG <--
20 FACILITY SHALL COMPLY WITH THE MUNICIPAL STANDARDS APPLIED TO
21 PRIMARY STRUCTURES.
22 (3) A municipality may not prohibit or otherwise
23 regulate the use or storage of LPG including the location or
24 replacement of storage tanks for LPG.
25 (c) Definitions.--As used in this section, "differs" or
26 "conflicts" shall include, but not be limited to, regulation of
27 any area not addressed in this statute.
28 Section 17 16. Regulations. <--
29 (a) Regulatory authority.--The department shall promulgate
30 and enforce regulations to implement this act. These regulations
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1 may include setting forth minimum general standards covering the
2 design, installation and construction of containers and
3 pertinent equipment for the storage and handling of liquefied
4 petroleum gases, specifying the odorization of the gases and
5 establishing guidelines for the processes and technologies that
6 are not covered by industry standards. The regulations shall be
7 such as are reasonably necessary for the protection of the
8 health, welfare and safety of the public and persons using such
9 materials and utilize the National Fire Protection Association
10 industry standards.
11 (b) Interim regulations.--The department shall use the
12 current Pennsylvania LPG regulations and the 1992 edition of
13 National Fire Protection Association 54 and 58, including all
14 cross references for purposes of this act, until new regulations
15 are promulgated and published as final rule in the Pennsylvania
16 Bulletin and the effective date of the new regulations has
17 arrived, unless otherwise specified in this act.
18 (c) Revision of regulations.--The department may revise the
19 regulations as necessary to implement this act at any time. Each
20 regulation based on a revised edition of an industry standard
21 shall take effect no earlier than two years following the
22 effective date of the industry standard.
23 Section 18. Penalties. <--
24 (a) Violations.--Any person who violates any of the
25 provisions of sections 3, 9, 11, 14 and 15 or the regulations of
26 the department, as provided in this act, shall pay a fine of not
27 less than $500 nor more than $2,000 or, in default thereof,
28 shall be sentenced to imprisonment for a period of not less than
29 one month nor more than three months.
30 SECTION 17. ENFORCEMENT AND PENALTIES. <--
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1 (A) ENFORCEMENT.--
2 (1) THE DEPARTMENT SHALL ENFORCE THIS ACT AND THE
3 REGULATIONS PROMULGATED UNDER THIS ACT.
4 (2) THE DEPARTMENT MAY INITIATE CRIMINAL PROSECUTIONS
5 UNDER THIS SECTION.
6 (B) PENALTIES.--
7 (1) EXCEPT AS PROVIDED IN PARAGRAPH (2), A PERSON THAT
8 VIOLATES THIS ACT OR A REGULATION PROMULGATED UNDER THIS ACT
9 COMMITS A SUMMARY OFFENSE AND SHALL UPON CONVICTION, BE
10 SENTENCED TO PAY A FINE OF NOT MORE THAN $500 OR TO
11 IMPRISONMENT FOR NOT MORE THAN TEN DAYS.
12 (2) A PERSON THAT, AFTER BEING SENTENCED UNDER PARAGRAPH
13 (1), VIOLATES THIS ACT OR A REGULATION PROMULGATED UNDER THIS
14 ACT COMMITS A SUMMARY OFFENSE AND SHALL UPON CONVICTION, BE
15 SENTENCED TO PAY A FINE OF NOT MORE THAN $1,000 OR TO
16 IMPRISONMENT FOR NOT MORE THAN 30 DAYS.
17 (b) (C) Collection of fines.--All fines collected under this <--
18 act shall be forwarded to the Department of Revenue, which shall
19 transmit the funds to the State Treasury.
20 Section 19 18. Administration. <--
21 (A) OTHER STATUTES.--The following acts or parts of acts <--
22 shall be administered jointly with this act:
23 Act of April 9, 1929 (P.L.177, No.175), known as The
24 Administrative Code of 1929.
25 Act of June 18, 1998 (P.L.655, NO.85), known as the Boiler
26 and Unfired Pressure Vessel Law.
27 (B) RESTRICTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED AS <--
28 GIVING THE DEPARTMENT THE AUTHORITY TO REGULATE PERSONS THAT
29 BOTH SELL LPG AND THE CONTAINER IN WHICH THE LPG IS CONTAINED IF
30 THE CONTAINER IS NOT MORE THAN 2.5 POUNDS WATER CAPACITY.
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1 Section 20 19. Repeals. <--
2 (a) Absolute.--The act of December 27, 1951 (P.L.1793,
3 No.475), referred to as the Liquefied Petroleum Gas Act, is
4 repealed.
5 (b) General.--All other acts and parts of acts are repealed
6 insofar as they are inconsistent with this act.
7 Section 21 20. Effective date. <--
8 This act shall take effect in 60 days.
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