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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SONNEY, MILLER, QUINN, BARBIN, D. COSTA, FABRIZIO, GEIST, GEORGE, GRELL, HALUSKA, HARKINS, MILLARD, MILNE, ROCK, YOUNGBLOOD AND DeLUCA, AUGUST 10, 2011 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AUGUST 10, 2011 |
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| AN ACT |
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1 | Amending the act of December 7, 1990 (P.L.639, No.165), entitled |
2 | "An act establishing a Statewide hazardous material safety |
3 | program; creating the Hazardous Material Response Fund; |
4 | providing for the creation of Hazardous Material Emergency |
5 | Response Accounts in each county; further providing for the |
6 | powers and duties of the Pennsylvania Emergency Management |
7 | Agency, of the Pennsylvania Emergency Management Council and |
8 | of the counties and local governments; imposing obligations |
9 | on certain handlers of hazardous materials; and imposing |
10 | penalties," further providing for facility insurance. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Sections 302 and 305 of the act of December 7, |
14 | 1990 (P.L.639, No.165), known as the Hazardous Material |
15 | Emergency Planning and Response Act, are amended to read: |
16 | Section 302. Penalties and fines. |
17 | (a) Civil penalty.-- |
18 | (1) A person [who violates] is subject to a civil |
19 | penalty under paragraph (2) if the person does any of the |
20 | following: |
21 | (i) Violates any of the emergency reporting, |
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1 | planning or notification requirements of, or fails to pay |
2 | the fees outlined in, sections 201 through 207 or any |
3 | regulations promulgated under those sections [shall be |
4 | subject to a civil penalty of]. |
5 | (ii) Fails to maintain insurance under section |
6 | 305(a). |
7 | (2) The amount of the penalty shall be not less than |
8 | $1,000 and not more than $25,000. Each day of continuing |
9 | violation shall be considered a separate offense. |
10 | (b) Misdemeanor.--A person who: |
11 | (1) Knowingly and willfully fails to report the release |
12 | of a hazardous substance or extremely hazardous substance as |
13 | required by sections 205 and 206 commits a misdemeanor of the |
14 | third degree and shall, upon conviction, be sentenced to pay |
15 | a fine of not less than $1,000 and not more than $2,500 for |
16 | each separate offense or imprisonment in the county jail for |
17 | a period of not more than one year, or both. For the purpose |
18 | of this paragraph, each day of continued violation |
19 | constitutes a separate offense. |
20 | (2) Intentionally obstructs or impairs, by force, |
21 | violence, physical interference or obstacle, a representative |
22 | of PEMA, a certified hazardous material response team or the |
23 | local committee attempting to perform the duties and |
24 | functions set forth in section 211 commits a misdemeanor of |
25 | the second degree and shall, upon conviction, be sentenced to |
26 | pay a fine of not less than $1,000 and not more than $5,000 |
27 | for each separate offense or imprisonment in the county jail |
28 | for a period of not more than two years, or both. |
29 | (c) Disposition.--One half of all civil penalties and fines |
30 | collected under this section shall be deposited into the |
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1 | Hazardous Material Response Fund and one-half shall be deposited |
2 | into the appropriate county Hazardous Material Emergency |
3 | Response Account. |
4 | Section 305. Facility insurance. |
5 | (a) Requirement.--A person that owns or operates a facility |
6 | in this Commonwealth shall maintain appropriate comprehensive |
7 | insurance for liability which: |
8 | (1) arises out of the release of hazardous material; and |
9 | (2) is for: |
10 | (i) wrongful death; |
11 | (ii) personal injury; |
12 | (iii) property damage; or |
13 | (iv) damage to the environment. |
14 | (b) Discount.--A facility that complies with the emergency |
15 | reporting requirements of section 205(a), (b) and (c), as |
16 | applicable to that facility, may receive a discount from that |
17 | facility's insurance company as that insurance company loss |
18 | experience justifies. |
19 | Section 2. This act shall take effect in 60 days. |
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