PRINTER'S NO. 47
No. 47 Session of 1989
INTRODUCED BY HOLL, JANUARY 23, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 23, 1989
AN ACT 1 Requiring a ban on the distribution, sale and use of halogenated 2 hydrocarbon chemicals and aromatic hydrocarbon chemicals as 3 sewage system cleaners; requiring the disclosure of contents 4 of sewage system cleaners; requiring the Department of 5 Environmental Resources to administer and enforce certain 6 provisions; and establishing penalties. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. 10 This act shall be known and may be cited as the Sewage System 11 Cleaner Control Act. 12 Section 2. Legislative findings; declaration of purpose. 13 (a) Findings.--It is hereby determined and declared as a 14 matter of legislative finding that halogenated hydrocarbon 15 chemicals and aromatic hydrocarbon chemicals used as sewage 16 system cleaners and additives are a significant and unnecessary 17 source of water pollution and groundwater contamination and 18 economic loss. 19 (b) Purpose.--It is the purpose of this act to:
1 (1) Eliminate the introduction of these toxic chemicals 2 into the surface water and groundwater of this Commonwealth. 3 (2) Prohibit the sale, distribution and use of sewage 4 system cleaners and additives that contain these toxic 5 chemicals. 6 (3) Require the disclosure of the contents of sewage 7 system cleaners or additives that are sold or distributed or 8 used in this Commonwealth. 9 Section 3. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Board." The Environmental Quality Board. 14 "Community sewage system." Any system, whether publicly or 15 privately owned, for the collection of sewage or industrial 16 wastes of a liquid nature from two or more lots and the 17 treatment or disposal of the sewage or industrial waste on one 18 or more of the lots or at any other site. 19 "Department." The Department of Environmental Resources of 20 the Commonwealth and its authorized representatives. 21 "Individual sewage system." A wastewater system or any part 22 of a wastewater system consisting of piping, tanks or other 23 facilities serving a single lot and collecting and disposing of 24 sewage in whole or in part into the soil or into any waters of 25 this Commonwealth or by means of conveyance to another site for 26 final disposal; an alternate individual sewage system shall mean 27 any individual sewage system not heretofore recognized by rules, 28 regulations and standards of the department. 29 "Person." Any individual, partnership, corporation, 30 association, institution, cooperative enterprise, municipal 19890S0047B0047 - 2 -
1 authority, the Federal Government and its agencies, State 2 institutions and agencies (including, but not limited to, the 3 Department of General Services and the State Public School 4 Building Authority), municipalities or other legal entity 5 whatsoever which is recognized by law as the subject of rights 6 and duties. In any clause prescribing a fine or imprisonment or 7 penalty, or any combination of the foregoing, the term "person" 8 shall include the officers and directors of any corporation or 9 other legal entity having officers and directors. 10 "Restricted chemical material." A chemical material 11 containing concentrations in excess of one part per hundred, by 12 weight of any of the following: 13 (1) Any halogenated hydrocarbon chemical, aliphatic or 14 aromatic, including, but not limited to, trichloroethane, 15 trichloroethylene, tetrachloroethylene, methylene chloride, 16 halogenated benzenes and carbon tetrachloride. 17 (2) An aromatic hydrocarbon chemical, including, but not 18 limited to, benzene, toluene and naphthalene. 19 (3) A phenol derivative in which a hydroxy group and two 20 or more halogen atoms are bonded directly to a six-carbon 21 aromatic ring, including, but not limited to, trichlorophenol 22 or pentachlorophenol. 23 (4) Acrolein, acrylonitrile or benzidine. 24 The term does not include perfumes, coloring agents or any 25 chemical material which is biodegradable and not a significant 26 source of contamination of the groundwaters of this 27 Commonwealth. 28 "Sewage system." Any part of any community sewage system or 29 individual sewage system including, but not limited to, all 30 toilets, piping, drains, sewers, septic tanks, distribution 19890S0047B0047 - 3 -
1 boxes, absorption fields, seepage pits, cesspools and dry wells. 2 "Sewage system cleaner or additive." Any solid or liquid 3 material intended or used primarily for the purpose of cleaning, 4 treating or unclogging any part of a sewer system, but excluding 5 those products intended to scour, clean, treat, disinfect or 6 deodorize the surface of common fixtures, including, but not 7 limited to, sinks, tubs, showers and toilets. 8 Section 4. Powers and duties of department. 9 The department shall have the following powers and duties: 10 (1) To administer the sewage system cleaner control 11 program pursuant to the provisions of this act. 12 (2) To cooperate with appropriate Federal, State and 13 interstate agencies, local units of government and 14 appropriate private organizations in carrying out its duties 15 under this act. 16 (3) To report to the General Assembly from time to time 17 on further assistance that will be needed to administer the 18 sewage system cleaner control program. 19 (4) To initiate, conduct and support research, 20 demonstration projects, investigations and to coordinate all 21 State agency research programs pertaining to this act. 22 (5) To regulate the distribution, sale, use and 23 consumption of restricted chemicals as provided in this act. 24 (6) To enter into any premises, place, establishment or 25 building for the purpose of conducting inspections to 26 determine compliance with this act or rules, regulations and 27 standards issued pursuant to this act. 28 (7) To conduct any investigations necessary to determine 29 compliance with this act or rules, regulations and standards 30 issued pursuant to this act. 19890S0047B0047 - 4 -
1 Section 5. Powers and duties of the Environmental Quality 2 Board. 3 (a) Rules and regulations.--The board shall have the power 4 and duty to adopt rules and regulations to accomplish the 5 purposes of this act. 6 (b) Standards.--The board may promulgate regulations 7 establishing analytical standards for sewage system cleaners and 8 additives. 9 (c) Effects of product on health and environment.--The board 10 may promulgate regulations requiring manufacturers of sewage 11 system cleaners or additives distributed, sold or offered for 12 sale in this Commonwealth to furnish to the department, in a 13 form the department may prescribe, existing information 14 regarding those products, including a certified list of chemical 15 components of products updated on an annual basis, and the 16 effects of the products on the groundwaters or surface waters of 17 this Commonwealth. 18 (d) Prohibition or restriction of product.--When the board 19 finds, after investigation by the department and any public 20 hearings which the board deems necessary, that any ingredient, 21 in addition to a restricted chemical material, in a sewage 22 system cleaner or additive distributed, sold, offered or exposed 23 for sale in the Commonwealth will have an adverse affect on 24 human health or environment, it shall by regulation prohibit or 25 restrict the sale, distribution, offer or exposure for sale or 26 use by any person of sewage system cleaners or additives 27 containing the ingredient. 28 (e) Authorization after investigation or hearing.--Whenever 29 the board finds, after investigation by the department and any 30 public hearings which the board deems necessary, that any 19890S0047B0047 - 5 -
1 restricted chemical material will not have any adverse affect on 2 human health or the environment when used as a sewage system 3 cleaner or additive, it may authorize the use of the chemical 4 material in the products, notwithstanding any provisions of this 5 act. 6 (f) Confidential information.--The board and the department 7 shall hold confidential any information obtained pursuant to 8 subsection (c) when shown by any manufacturer that such 9 information, if made public, would divulge competitive business 10 information, methods or processes entitled to protection as 11 trade secrets of the manufacturer. 12 Section 6. Prohibited acts. 13 (a) Distribution.--No person shall distribute, sell, offer 14 or expose for sale any sewage system cleaner or additive 15 containing any restricted chemical material. 16 (b) Use.--No person shall use, introduce or apply or cause 17 any other person to use, introduce or apply in any sewage 18 system, surface water or groundwaters, any sewage cleaner or 19 additive containing any restricted chemical material. 20 (c) Sales restricted.--No person shall distribute, sell, 21 manufacture, or offer or expose for sale any sewage system 22 cleaner or additive covered by this act, unless a list of the 23 components of the covered product has been provided to the 24 department. These lists must be updated annually at a time 25 designated by the board. 26 Section 7. Enforcement orders. 27 The department may issue such orders to persons, 28 distributors, manufacturers, dealers, retailers and consumers as 29 are necessary to aid in the enforcement of the provisions of 30 this act. The orders may include orders requiring cessation of 19890S0047B0047 - 6 -
1 the use, sale, manufacture or distribution of any substance or 2 chemical or product which is in violation of any provision of 3 this act. An order issued under this act shall take effect upon 4 notice unless the order specifies otherwise. The right of the 5 department to issue an order under this act is in addition to 6 any penalty which may be imposed pursuant to this act. 7 Section 8. Public nuisance. 8 Any violation of this act, rules and regulations promulgated 9 pursuant to this act, or order of the department shall 10 constitute a public nuisance. 11 Section 9. Procedure and enforcement. 12 Any activity or condition declared by this act to be a 13 nuisance shall be abatable in the manner provided by law or 14 equity for the abatement of public nuisances. In addition, suits 15 to abate such nuisances or suits to restrain or prevent any 16 violation of this act may be instituted in equity or at law in 17 the name of the Commonwealth upon relation of the Attorney 18 General, upon relation of any district attorney of any county or 19 upon relation of the solicitor of any municipality affected, 20 after notice has first been served upon the Attorney General of 21 the intention of the district attorney or solicitor to so 22 proceed. The court may provide for payment of a civil penalty as 23 specified in section 10. 24 Section 10. Civil penalties. 25 Any person violating this act or orders, rules, regulations 26 or standards issued or promulgated under this act may be 27 assessed a civil penalty of not more than $25,000 per day for 28 each violation. The a penalty may be assessed whether or not the 29 violation was willful. In determining the amount of the civil 30 penalty, the department shall consider the willfulness of the 19890S0047B0047 - 7 -
1 violation, damage or injury to the Commonwealth or its citizens, 2 cost of restoration and other relevant factors. Violations on 3 separate days shall be considered separate and distinct offenses 4 under this section. The person charged with the penalty shall 5 have 30 days to pay the proposed penalty in full or, if the 6 person wishes to contest either the amount of the penalty or the 7 fact of the violation, the person shall within such 30-day 8 period file an appeal of such action with the Environmental 9 Hearing Board. Failure to appeal within 30 days shall result in 10 a waiver of all legal rights to contest the violation or the 11 amount of the penalty. 12 Section 11. Criminal penalties. 13 (a) Summary offense.--Any person violating this act or 14 orders, rules, regulations or standards issued or promulgated 15 under this act, commits a summary offense and shall, upon 16 conviction, be sentenced to pay a fine of not less than $100 nor 17 more than $1,000 and costs and, in default of payment of the 18 fine and costs, shall undergo imprisonment for not more than 30 19 days. 20 (b) Misdemeanor.--Any person who willfully violates any 21 provision of this act, any rule or regulation of the department 22 or any order of the department, commits a misdemeanor of the 23 third degree and shall, upon conviction, be sentenced to pay a 24 fine of not less than $1,000 nor more than $25,000 per day for 25 each violation or to imprisonment for a period of not more than 26 one year, or both. 27 (c) Subsequent offense.--Any person who, within two years 28 after a conviction of a misdemeanor for any violation of this 29 act, violates any provision of this act, any rule or regulation 30 of the department or any order of the department, commits a 19890S0047B0047 - 8 -
1 misdemeanor of the second degree and shall, upon conviction, be 2 sentenced to pay a fine of not less than $2,500 nor more than 3 $50,000 for each violation or to imprisonment for a period of 4 not more than two years, or both. 5 (d) Separate offenses.--Violations on separate days shall be 6 considered separate and distinct offenses under subsections 7 (a),(b) and (c). 8 Section 12. Fines and penalties collected. 9 All fines and penalties collected under the provisions of 10 this act shall be paid into the Clean Water Fund provided for in 11 the act of June 22, 1937 (P.L.1987, No.394), known as The Clean 12 Streams Law. 13 Section 13. Saving clause. 14 Nothing in this act shall be construed as estopping the 15 Commonwealth or any district attorney from proceeding in courts 16 of law or equity to abate pollutions forbidden under the laws of 17 the Commonwealth or abate nuisances under existing law. Nothing 18 contained in this act shall in any way abridge or alter rights 19 of action or remedies now or hereafter existing in equity, or 20 under the common law or statutory law, criminal or civil. No 21 provisions of this act shall be construed as estopping the 22 Commonwealth, persons or municipalities, in the exercise of 23 their rights under the common law or decisional law or in 24 equity, from proceeding in courts of law or equity to suppress 25 nuisances, to abate any pollution now or hereafter existing or 26 to enforce common law or statutory rights. 27 Section 14. Severability clause. 28 If any provision of this act or the application thereof to 29 any person or circumstances is held invalid, such invalidity 30 shall not affect other provisions or applications of the act 19890S0047B0047 - 9 -
1 which can be given effect without the invalid provision or 2 application, and to this end the provisions of this act are 3 declared to be severable. 4 Section 15. Effective date. 5 This act shall take effect in 180 days. L14L27WMB/19890S0047B0047 - 10 -