PRINTER'S NO. 381
No. 348 Session of 1987
INTRODUCED BY LASHINGER, TRELLO, KUKOVICH, HERMAN, OLASZ AND
SERAFINI, FEBRUARY 23, 1987
REFERRED TO COMMITTEE ON CONSERVATION, FEBRUARY 23, 1987
AN ACT
1 Amending the act of July 7, 1980 (P.L.380, No.97), entitled "An
2 act providing for the planning and regulation of solid waste
3 storage, collection, transportation, processing, treatment,
4 and disposal; requiring municipalities to submit plans for
5 municipal waste management systems in their jurisdictions;
6 authorizing grants to municipalities; providing regulation of
7 the management of municipal, residual and hazardous waste;
8 requiring permits for operating hazardous waste and solid
9 waste storage, processing, treatment, and disposal
10 facilities; and licenses for transportation of hazardous
11 waste; imposing duties on persons and municipalities;
12 granting powers to municipalities; authorizing the
13 Environmental Quality Board and the Department of
14 Environmental Resources to adopt rules, regulations,
15 standards and procedures; granting powers to and imposing
16 duties upon county health departments; providing remedies;
17 prescribing penalties; and establishing a fund," providing
18 for the Hazardous Substance Spill, Discharge and Release
19 Cleanup and Compensation Fund.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. The heading of Article VII of the act of July 7,
23 1980 (P.L.380, No.97), known as the Solid Waste Management Act,
24 is amended to read:
25 ARTICLE VII
26 SOLID WASTE ABATEMENT FUND
1 AND HAZARDOUS SUBSTANCE SPILL, DISCHARGE
2 AND RELEASE CLEANUP AND COMPENSATION FUND
3 Section 2. The act is amended by adding a section to read:
4 Section 702. Hazardous Substance Spill, Discharge and Release
5 Cleanup and Compensation Fund.
6 (a) The secretary shall be given six months after the date
7 of enactment of this amendatory act to compile a list of
8 hazardous waste sites that have not been addressed by the
9 Federal Government or have failed to be placed on the National
10 Hazardous Waste Priority List. The list shall be compiled and
11 reported to the General Assembly and to the Governor no later
12 than six months after enactment of this amendatory act. Upon
13 reporting to the General Assembly, the secretary shall determine
14 to what degree the activities of the United States Congress
15 regarding compensation and cleanup, will protect our citizens,
16 businesses and environment and based upon his determination, the
17 secretary shall make recommendations to the General Assembly for
18 amendments to this section. Such recommendations shall include
19 an estimate of the cost for those sites that appear on the State
20 priority list. Included with the recommendation shall be a fee
21 allocation to be borne by hazardous waste generators,
22 transporters and site operators. The fee recommendation shall be
23 levied on an annual basis and in an amount sufficient to address
24 these sites immediately. The fee shall be placed into a fund
25 known as the Hazardous Substance Spill, Discharge and Release
26 Cleanup and Compensation Fund, which is hereby established. The
27 secretary shall have the authority to exempt from payment of the
28 fee those operators who opt for methods of hazardous waste
29 disposal other than land disposal.
30 (b) The secretary shall appoint an administrator for the
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1 fund. The administrator may be an employee within the
2 department. The administrator of the fund is directed to
3 disburse moneys from the fund for the following purposes:
4 (1) All costs incurred by the Commonwealth in connection
5 with the removal and cleanup of hazardous substance
6 discharges.
7 (2) All direct and indirect damages no matter by whom
8 sustained, including, but not limited to:
9 (i) The cost of restoring, repairing or replacing
10 any real or personal property damaged or destroyed by a
11 discharge; any income lost as a result of damage to or
12 destruction of such property; and any reduction in value
13 of such property as a result thereof.
14 (ii) The cost of restoration and replacement of
15 damaged or destroyed natural resources.
16 (iii) Loss of income or impairment of earning
17 capacity due to damage to real or personal property.
18 (c) Nothing in this section shall be determined to preclude
19 the pursuit of any other civil or injunctive remedy by any
20 person or agency. The remedies provided in this section are in
21 addition to those provided by existing statute or common law,
22 but no person who receives compensation for damages or cleanup
23 costs pursuant to any other State or Federal law shall be
24 permitted to receive compensation for damages or cleanup costs
25 under this section.
26 (d) Any balance from the Solid Waste Abatement Fund at the
27 end of each fiscal year shall be paid into the Hazardous
28 Substance Spill, Discharge and Release Cleanup and Compensation
29 Fund.
30 Section 3. This act shall take effect in 60 days.
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