PRINTER'S NO. 3343
No. 300 Session of 1990
INTRODUCED BY REBER, GEORGE, HASAY, SAURMAN, REINARD, S. H. SMITH, JAROLIN, LEVDANSKY, ARGALL, CLYMER, MARSICO, DIETTERICK, WOZNIAK, NAHILL, BOWLEY, MAINE, FREEMAN, MURPHY, BILLOW, STISH, YANDRISEVITS, SCHEETZ, PHILLIPS, J. H. CLARK, FOX AND BUNT, APRIL 4, 1990
REFERRED TO COMMITTEE ON RULES, APRIL 4, 1990
A RESOLUTION 1 Directing the House Conservation Committee to investigate the 2 overall operation of the Department of Environmental 3 Resources in relation to its ability to administer and 4 enforce the statutory responsibilities currently entrusted to 5 its care and to make recommendations to the House of 6 Representatives concerning the future responsibilities for 7 the administration and enforcement of the environmental 8 protection statutes of this Commonwealth. 9 WHEREAS, The Department of Environmental Resources, formerly 10 the Department of Forests and Waters and the Department of Mines 11 and Mineral Industries, was created by Act No. 275 of 1970; and 12 WHEREAS, The department has the responsibility to administer 13 and regulate programs in a variety of subject areas which are 14 constantly expanding, in and of themselves; and 15 WHEREAS, The implementation of the Municipal Waste Planning, 16 Recycling and Waste Reduction Act has imposed upon the 17 department extensive responsibilities on a Statewide basis for 18 proper administration of the act and for the alleviation of the 19 solid waste problem in this Commonwealth; and
1 WHEREAS, The implementation of the Hazardous Sites Cleanup 2 Act has required the department to develop additional staffing 3 provisions for hazardous material investigation and for cleanup, 4 including associated technical staff; and 5 WHEREAS, The implementation of the Storage Tank and Spill 6 Prevention Act has required the department to not only assume 7 the responsibilities, administration and enforcement of Federal 8 and State storage tank legislation, but also the responsibility 9 for the registration, testing and regulation of thousands of 10 aboveground storage tanks; and 11 WHEREAS, The department must establish new and expanded 12 programs for the regulation of the disposal of solid waste under 13 the Municipal Waste Management Regulations, effective April 9, 14 1988, which include the repermitting of all municipal waste 15 disposal facilities by April 9, 1990; and 16 WHEREAS, In addition to the administrative responsibilities 17 thrust upon the department in the past two years, the department 18 has continuing responsibility for the regulation and enforcement 19 of a multitude of other environmental matters concerning air 20 quality, water quality, air emissions, on-lot septic systems, 21 wetlands, dams, sewage treatment plants, community water 22 systems, nuclear power, gas, oil, coal, mine subsidence, land 23 reclamation, minerals, quarries, blasting, radon, X-rays, State 24 parks, State forests, timber harvesting, campgrounds, etc., 25 affecting the lives of each of the citizens of this 26 Commonwealth; and 27 WHEREAS, In addition to the new legislative and regulatory 28 mandates, the department also has the continuing responsibility 29 for administering and enforcing the provisions of many major 30 environmental statutes, including: 19900H0300R3343 - 2 -
1 Pennsylvania Sewage Facilities Act 2 The Clean Streams Law 3 Dam Safety and Encroachments Act 4 Low-Level Radioactive Waste Disposal Act 5 Infectious and Chemotherapeutic Waste Law 6 Plumbing System Lead Ban and Notification Act 7 Oil and Gas Act 8 Oil and Gas Conservation Law 9 Noncoal Surface Mining Conservation and Reclamation Act 10 Air Pollution Control Act 11 Radiation Protection Act 12 Conservation District Law 13 Surface Mining Conservation and Reclamation Act 14 Pennsylvania Used Oil Recycling Act 15 Pennsylvania Solid Waste - Resource 16 Recovery Development Act 17 Pennsylvania Safe Drinking Water Act 18 Solid Waste Management Act 19 Pennsylvania Anthracite Coal Mine Act 20 Pennsylvania Bituminous Coal Mine Act 21 Storm Water Management Act 22 Water Well Drillers License Act 23 The Bituminous Mine Subsidence and Land Conservation Act 24 Flood Plain Management Act 25 The Land and Water Conservation and Reclamation Act 26 The Pennsylvania Conservation Corps Act 27 Coal and Gas Resource Coordination Act; 28 and 29 WHEREAS, In recognition of the increased responsibilities 30 since its inception in 1970, and its expansion by over 550 19900H0300R3343 - 3 -
1 positions in the past several years, and State funding increases 2 of over one-third in the same time; and 3 WHEREAS, With the increased responsibilities imposed upon the 4 department as a result of new legislation and of the increased 5 regulatory responsibilities of the department under the many 6 present legislative mandates, there is concern by industry, 7 government officials and consumers as well as to whether the 8 department can effectively address these many concerns; 9 therefore be it 10 RESOLVED, That the House Conservation Committee examine the 11 effectiveness of the Department of Environmental Resources to 12 properly and efficiently carry out the duties and 13 responsibilities currently delegated to it; and be it further 14 RESOLVED, That the committee investigate the organization and 15 operation of the department, including consideration of 16 alternate organizational structures, and the transfer of some 17 program responsibilities to other agencies of State or local 18 government; and be it further 19 RESOLVED, That the committee may hold hearings, take 20 testimony and make its investigations at such places as it deems 21 necessary in this Commonwealth. The chairman of the committee 22 shall have power to administer oaths and affirmations to 23 witnesses appearing before the committee; and be it further 24 RESOLVED, That the committee shall report to the House of 25 Representatives on its activities, findings and recommendations 26 by November 30, 1990. D3L82CHF/19900H0300R3343 - 4 -