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
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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
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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.
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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
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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
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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
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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
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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
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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.
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