PRINTER'S NO. 2683
No. 1930 Session of 2007
INTRODUCED BY SWANGER, BOYD, CAPPELLI, HARPER, KOTIK, LEACH,
MAJOR, McILVAINE SMITH, MURT, READSHAW, SAYLOR, SCAVELLO,
SIPTROTH, STERN AND VULAKOVICH, OCTOBER 18, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 18, 2007
AN ACT
1 Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as
2 amended, "An act providing for the regulation of storage
3 tanks and tank facilities; imposing additional powers and
4 duties on the Department of Environmental Protection and the
5 Environmental Quality Board; and making an appropriation,"
6 adding a definition; and further providing for Underground
7 Storage Tank Indemnification Fund, for Underground Storage
8 Tank Environmental Cleanup Program and for Underground
9 Storage Tank Pollution Prevention Program.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 103 of the act of July 6, 1989 (P.L.169,
13 No.32), known as the Storage Tank and Spill Prevention Act, is
14 amended by adding a definition to read:
15 Section 103. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 * * *
20 "Board." The Underground Storage Tank Indemnification Board
1 established in section 703.
2 * * *
3 Section 2. Section 704(b) of the act is amended by adding a
4 paragraph to read:
5 Section 704. Underground Storage Tank Indemnification Fund.
6 * * *
7 (b) Limit of payments to owners or operators.--
8 * * *
9 (5) (i) For any claim under this section where
10 eligibility was determined or payment was made prior to
11 December 13, 2001, the board may, in Fiscal Year 2008-
12 2009, award an additional amount of up to $500,000 per
13 occurrence to previously approved claimants who reached
14 the $1,000,000 payment limit in effect prior to December
15 13, 2001.
16 (ii) The total of all awards made under this
17 paragraph shall not exceed $3,500,000.
18 * * *
19 Section 3. Sections 710(b.2) and 711(a) of the act, amended
20 June 30, 2007 (P.L.66, No.20), are amended to read:
21 Section 710. Underground Storage Tank Environmental Cleanup
22 Program.
23 * * *
24 (b.2) Additional allocation.--
25 (1) No more than $500,000 of the annual allocation for
26 the Underground Storage Tank Environmental Cleanup Program
27 may be used for costs of corrective action to assist owners
28 of underground storage tanks with a capacity of 3,000 gallons
29 or less used for storing heating oil for consumption on the
30 premises where stored. Payments made for eligible releases
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1 shall be limited in amount to the actual costs of corrective
2 action or to $5,000, whichever is less. The amount allowed
3 shall be subject to a $1,000 deductible which shall be paid
4 first by the claimant. The board may promulgate regulations
5 to carry out the provisions of this subsection.
6 (2) This subsection shall expire June 30, 2008. On or
7 before that date, the board shall make a report to the
8 General Assembly with recommendations.
9 * * *
10 Section 711. Underground Storage Tank Pollution Prevention
11 Program.
12 (a) Establishment.--The board is hereby authorized to
13 establish an Underground Storage Tank Pollution Prevention
14 Program for the purpose of reimbursing eligible owners, as
15 defined in subsection (d), for the costs of removing regulated
16 substances from and sealing the fill pipes of underground
17 storage tanks [which have not been upgraded] to comply with the
18 technical requirements of Federal and State regulations. The
19 board shall establish guidelines for eligible expenses and
20 procedures for reimbursement from the Underground Storage Tank
21 Indemnification Fund.
22 * * *
23 Section 4. This act shall take effect in 60 days.
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