PRINTER'S NO. 126
No. 123 Session of 2001
INTRODUCED BY HOLL, JANUARY 29, 2001
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 29, 2001
AN ACT
1 Amending the act of July 6, 1989 (P.L.169, No.32), entitled, as
2 amended, "An act providing for the regulation of storage
3 tanks and tank facilities; imposing additional powers and
4 duties on the Department of Environmental Protection and the
5 Environmental Quality Board; and making an appropriation,"
6 further providing for powers and duties of the department;
7 providing for discontinuation of operations; and making an
8 editorial change.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The definition of "department" in section 103 of
12 the act of July 6, 1989 (P.L.169, No.32), known as the Storage
13 Tank and Spill Prevention Act, is amended to read:
14 Section 103. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 * * *
19 "Department." The Department of Environmental [Resources]
20 Protection of the Commonwealth.
1 * * *
2 Section 2. Section 107 of the act is amended by adding a
3 subsection to read:
4 Section 107. Powers and duties of department.
5 * * *
6 (i) Discontinuance of operation.--The department is
7 authorized to require owners and operators of storage tank
8 facilities causing a release or threat of a release to
9 immediately cease operation of those facilities.
10 Section 3. The act is amended by adding a section to read:
11 Section 1316. Discontinuance of operation.
12 (a) General rule.--If the operation of any storage tank
13 facility, in the judgment of an inspector in the employ of the
14 department, is causing a release or threat of a release, the
15 inspector may require the owner and operator of the facility to
16 discontinue its operation and shall place a written notice or
17 tag on the dispensers and fill pipes located at the facility to
18 that effect. It shall be unlawful for regulated substances to be
19 dispensed from or delivered to such a storage tank facility.
20 (b) Resumption of operations.--Where the operation of a
21 storage tank facility has been discontinued pursuant to this
22 section, the owner and operator may not operate the facility
23 until it is shown to the satisfaction of the department that the
24 cause of the release has been corrected and permission given by
25 the inspector to resume operation.
26 (c) Nature of action.--An appeal to the Environmental
27 Hearing Board of the department's action shall not act as a
28 supersedeas. The right of the department to take action under
29 this section is in addition to any remedy or penalty which may
30 be imposed under this act.
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1 Section 4. This act shall take effect in 60 days. &
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