PRINTER'S NO. 692
No. 649 Session of 1989
INTRODUCED BY MUSTO, FISHER, MELLOW, LINCOLN, REIBMAN, STAPLETON, SHAFFER, STOUT, ROSS, REGOLI, STEWART, JONES, WILLIAMS, AFFLERBACH, BELAN, SALVATORE AND PORTERFIELD, MARCH 6, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 6, 1989
AN ACT 1 Establishing a Statewide hazardous material safety program; 2 creating the Hazardous Material Response Fund; providing for 3 the creation of Emergency Planning Fee Accounts in each 4 county; further providing for the powers and duties of the 5 Pennsylvania Emergency Management Agency, of the Pennsylvania 6 Emergency Management Council, and of the counties and local 7 governments; imposing obligations on certain handlers of 8 hazardous materials; imposing penalties; and making an 9 appropriation. 10 TABLE OF CONTENTS 11 Chapter 1. General Provisions 12 Section 101. Short title. 13 Section 102. Legislative finding and purpose. 14 Section 103. Definitions. 15 Chapter 2. Hazardous Material Protection 16 Section 201. Designation and functions of Pennsylvania 17 Emergency Management Council. 18 Section 202. Establishment of emergency planning districts. 19 Section 203. Establishment and functions of local emergency 20 planning committees.
1 Section 204. Hazardous material safety program. 2 Section 205. Emergency reporting requirements. 3 Section 206. Emergency notification requirements. 4 Section 207. Establishment of funds. 5 Section 208. Emergency management grants. 6 Section 209. Hazardous material response teams. 7 Section 210. Recovery of response costs. 8 Section 211. Facility and vehicle inspection and testing. 9 Chapter 3. Miscellaneous Provisions 10 Section 301. Immunity from civil liability. 11 Section 302. Penalties and fines. 12 Section 303. Enforcement. 13 Section 304. Relationship to other laws. 14 Section 305. Facility insurance. 15 Section 306. Appropriation. 16 Section 307. Severability. 17 Section 308. Effective date. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 CHAPTER 1 21 GENERAL PROVISIONS 22 Section 101. Short title. 23 This act shall be known and may be cited as the Hazardous 24 Materials Protection Act. 25 Section 102. Legislative findings and purpose. 26 (a) Findings.--The General Assembly hereby determines, 27 declares and finds that exposure to hazardous materials has the 28 potential for causing undesirable health and environmental 29 effects and poses a threat to the health, safety and welfare of 30 the citizens of this Commonwealth, and that the citizens of this 19890S0649B0692 - 2 -
1 Commonwealth and emergency service personnel who respond to 2 emergency situations should be protected from the health hazards 3 and harmful exposure resulting from hazardous material releases 4 at facilities and from transportation related accidents. 5 (b) Purpose.--It is the purpose of this act to: 6 (1) Create a strong working relationship and partnership 7 between business and industry and the Commonwealth and its 8 municipalities in order to protect and safeguard the citizens 9 of this Commonwealth from the health hazards and other risks 10 of harm resulting from or incident to the use, storage, 11 distribution and transportation of hazardous materials. 12 (2) Designate the Pennsylvania Emergency Management 13 Council as the Commonwealth's emergency response commission 14 and establish an emergency planning district and a local 15 emergency planning committee in each county of this 16 Commonwealth to act in accordance with the provisions of the 17 Emergency Planning and Community Right-To-Know Act of 1986 18 (Title III of Public Law 99-499, 42 U.S.C. § 11001, et seq.), 19 also referred to in this act as SARA, Title III. 20 (3) Establish and maintain a comprehensive hazardous 21 material safety program for the Commonwealth and its 22 counties. 23 (4) Create the Hazardous Material Response Fund to 24 provide financial assistance to Commonwealth agencies and 25 counties to develop an effective and integrated response 26 capability to the health hazards, dangers and risks which 27 hazardous material releases pose to the general public. 28 (5) Establish an emergency notification system whereby 29 the release of any hazardous material occurring at a facility 30 or resulting from a transportation accident will be promptly 19890S0649B0692 - 3 -
1 reported to the proper Commonwealth and county emergency 2 response officials. 3 (6) Assign responsibilities to various Commonwealth 4 agencies and local agencies to ensure the development and 5 furtherance of a comprehensive hazardous material safety 6 program. 7 (7) Provide civil liability protection to officials and 8 emergency response personnel of the Commonwealth and 9 municipalities who are properly carrying out their duties and 10 responsibilities under the Commonwealth's hazardous material 11 safety program. 12 (8) Require persons responsible for the release of 13 hazardous materials to pay the costs incurred by hazardous 14 material response teams for emergency response activities 15 necessitated by the hazardous material release. 16 Section 103. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the 19 context clearly indicates otherwise: 20 "Commonwealth agency." An executive agency or independent 21 agency. 22 "Council." The Pennsylvania Emergency Management Council. 23 "County." Includes, but is not limited to, a city of the 24 first class coterminous with a county of the first class. 25 "County commissioner." Includes, but is not limited to, the 26 mayor of a city of the first class coterminous with a county of 27 the first class, or the designee of such mayor, and the 28 equivalent county official designated under a home rule charter 29 or optional plan adopted under the act of April 13, 1972 30 (P.L.184, No. 62), known as the Home Rule Charter and Optional 19890S0649B0692 - 4 -
1 Plans Law. 2 "Emergency management." The judicious planning, assignment 3 and coordination of all available resources in an integrated 4 program of prevention, mitigation, preparedness, response and 5 recovery for emergencies of any kind, whether from attack, man- 6 made or natural sources. 7 "Executive agency." The Governor and the departments, 8 boards, commissions, authorities and other non-legislative 9 officers and agencies of the Commonwealth, except any court or 10 other officer or agency of the unified judicial system or the 11 General Assembly and its officers and agencies or any 12 independent agency. 13 "Extremely hazardous substance." A substance appearing on 14 the list of extremely hazardous substances published by the 15 administrator of the Federal Environmental Protection Agency 16 under the authority of section 302 of the Federal Emergency 17 Planning and Community Right-To-Know Act of 1986, Title III of 18 the Superfund Amendments and Reauthorization Act of 1986 (Public 19 Law 99-499, 42 U.S.C. § 11002), as set forth at 40 CFR Part 355 20 ("Appendix A - The List of Extremely Hazardous Substances and 21 Their Threshold Planning Quantities"), or appearing on any 22 successor list of extremely hazardous substances published by 23 the Administrator of the Federal Environmental Protection Agency 24 under the authority of section 302 of SARA, Title III. 25 "Facility." All buildings, structures, and other stationary 26 items which are located on a single site or a contiguous or 27 adjacent site which are owned or operated by the same person and 28 which manufacture, produce, use, import, export, store, supply, 29 or distribute any hazardous material. This term includes 30 railroad yards and truck terminals but does not include 19890S0649B0692 - 5 -
1 individual trucks, rolling stock, water vessels, airplanes, or 2 other transportation vehicles. 3 "Family farm enterprise." A natural person, family farm 4 corporation or family farm partnership engaged in farming which 5 processes and markets its agricultural commodities in either 6 intrastate or interstate commerce. 7 "Hazardous material." Any of the following: 8 (1) A hazardous substance. 9 (2) An extremely hazardous substance. 10 (3) A hazardous chemical within the meaning of 29 CFR 11 1910.1200(c) or its successor. 12 (4) A toxic chemical. 13 "Hazardous material response team." A team of individuals 14 who are organized by a Commonwealth agency, a local agency, a 15 regional hazardous materials organization, a transporter, 16 manufacturer, supplier, or user of hazardous materials, or a 17 volunteer service organization, for the primary purpose of 18 providing emergency services, including removal and remedial 19 actions, in response to the release of a hazardous material, 20 which is trained and equipped in accordance with this act or 21 regulations promulgated under this act. 22 "Hazardous substance." A substance appearing on the list of 23 hazardous substances prepared under section 102 of the 24 Comprehensive Environmental Response, Compensation, and 25 Liability Act of 1980 (P.L. 96-510, 94 Stat. 2767) as set forth 26 at 40 CFR Part 302 ("Table 302.4 - List of Hazardous Substances 27 and Reportable Quantities"), or appearing on any successor list 28 of hazardous substances prepared under section 102 of the 29 Comprehensive Environmental Response, Compensation, and 30 Liability Act of 1980. 19890S0649B0692 - 6 -
1 "Independent agency." Boards, commissions, authorities and 2 other agencies and officers of the Commonwealth which are not 3 subject to the policy supervision and control of the Governor, 4 except any court or other officer or agency of the unified 5 judicial system or the General Assembly and its officers and 6 agencies. 7 "Local agency." A municipality or any officer or agency 8 thereof. 9 "Local Emergency Planning Committee" or "Local Committee." 10 The local committee within each emergency planning district 11 responsible for preparing hazardous material plans and 12 performing other functions under The Emergency Planning and 13 Community Right-To-Known Act of 1986 (Title III, Public Law 99- 14 499, 42 U.S.C. § 11001 et seq.). 15 "PEMA." The Pennsylvania Emergency Management Agency. 16 "Person." An individual, corporation, firm, association, 17 public utility, trust, estate, public or private institution, 18 group, agency, political subdivision, and any legal successor, 19 representative or agency of the foregoing. 20 "Regional hazardous materials organization." A non-profit 21 corporation, joint venture or authority formed under the laws of 22 this Commonwealth which either contracts with or is organized by 23 one or more Commonwealth agencies, local agencies or volunteer 24 service organizations for the purpose of creating, training, 25 equipping, maintaining and providing one or more hazardous 26 material response teams to serve any specific geographic area as 27 approved by the Pennsylvania Emergency Management Council 28 within, but not limited to, the Commonwealth under this act. 29 "Release." Any spilling, leaking, pumping, pouring, 30 emitting, emptying, discharging, injecting, escaping, leaching, 19890S0649B0692 - 7 -
1 dumping or disposing into the environment of a hazardous 2 material, including, but not limited to, the abandonment or 3 discarding of barrels, containers and other receptacles 4 containing a hazardous material. 5 "Reportable quantity." The quantity of a hazardous material 6 stated on the various lists of hazardous substances and 7 extremely hazardous substances as defined in this section, the 8 release of which shall be reported under this act. 9 "Rolling stock." Any railroad tank car, railroad box car or 10 other railroad freight car as defined in 49 CFR § 215, or its 11 successor, that contains an extremely hazardous substance in 12 excess of the threshold planning quantity established for such 13 substance and is used as a storage site for such substance. 14 "SARA, Title III." The Emergency Planning and Community 15 Right-to-Know Act of 1986 (Title III, Public Law 99-499, 42 16 U.S.C. § 11001 et seq.). 17 "Toxic chemical." A substance appearing on the list of 18 chemicals described in section 313 of SARA (Title III, Public 19 Law 99-499, 42 U.S.C. § 11023) as set forth at 40 CFR Part 372, 20 or appearing on any successor list of chemicals set forth in the 21 Code of Federal Regulations under the authority of section 313 22 of SARA, Title III. 23 "Unified judicial system." The unified judicial system 24 existing under section 1 of Article V of the Constitution of 25 Pennsylvania. 26 "Vehicle." Any truck, railroad car, water vessel, airplane 27 or other transportation vehicle that ships, carries or 28 transports a hazardous material on any highway, rail line or 29 waterway within the jurisdictional boundaries of this 30 Commonwealth. 19890S0649B0692 - 8 -
1 CHAPTER 2 2 HAZARDOUS MATERIALS PROTECTION 3 Section 201. Designation and functions of Pennsylvania 4 Emergency Management Council 5 (a) Council.--The Pennsylvania Emergency Management Council, 6 established and organized under the act of November 26, 1978 7 (P.L.1332, No.323), known as the Emergency Management Services 8 Code, is designated and shall constitute the Commonwealth's 9 emergency response commission to carry out the responsibilities 10 assigned to the Commonwealth by SARA, Title III, to develop 11 overall policy and direction for a statewide hazardous material 12 safety program and to supervise and coordinate the 13 responsibilities of the local emergency planning committees. 14 (b) Membership.--The council shall be composed of the 15 current members of the Pennsylvania Emergency Management Council 16 as now provided by law and the Secretary of Labor and Industry. 17 (c) Chairperson.--The Governor shall designate a member of 18 the council to serve as chairperson of the council. In the 19 absence of the chairperson, the director of PEMA shall serve as 20 chairperson. The chairperson shall have the authority to assign, 21 delegate or transfer tasks, duties and responsibilities to 22 members of the council. The chairperson shall approve the 23 appointment of members to the council who are designated through 24 a delegation of authority from their respective department or 25 office. 26 (d) Compensation and expenses.--Members shall serve without 27 compensation but shall be reimbursed for necessary and 28 reasonable actual expenses, such as travel expenses, incurred in 29 connection with attendance at council meetings. 30 (e) Meetings.--For the conduct of routine or emergency 19890S0649B0692 - 9 -
1 business, the council shall meet at the call of the chairperson. 2 Five members of the council shall constitute a quorum for the 3 purpose of conducting the business of the council and for all 4 other purposes. All actions of the council shall be taken by a 5 majority of the council members present. The council shall be 6 subject to the act of July 3, 1986 (P.L.388, No.212), known as 7 the Sunshine Act. 8 (f) Staff.--PEMA shall serve as the primary agent and have 9 the lead responsibility for performing the functions and duties 10 of the council. For this purpose, PEMA shall employ such 11 professional, technical, administrative and other staff 12 personnel as may be deemed essential to carry out the purposes 13 of this act and the development and maintenance of a 14 comprehensive Commonwealth hazardous materials safety program. 15 (g) Powers and duties.--The council shall have the duty and 16 power to: 17 (1) Carry out all of the duties and responsibilities of 18 a State emergency response commission as specified in SARA, 19 Title III. 20 (2) Make, amend, repeal and promulgate as provided by 21 law any rules and regulations necessary to carry out and 22 implement this act and SARA, Title III. 23 (3) Develop Commonwealth agency contingency plans 24 relating to the implementation of this act and SARA, Title 25 III. 26 (4) Provide guidance and direction to counties for the 27 implementation of this act and SARA, Title III. 28 (5) Supervise the operation of local committees and 29 ensure that local committees meet all Federal and 30 Commonwealth standards and requirements as provided by law. 19890S0649B0692 - 10 -
1 (6) Develop a Commonwealth comprehensive hazardous 2 material safety program. 3 (7) Delegate authority and assign primary responsibility 4 to the Department of Labor and Industry for receiving, 5 processing and managing hazardous chemical information forms 6 and data, trade secrets, and public information requests. 7 (8) Delegate authority and assign responsibility to the 8 Department of Environmental Resources and the Department of 9 Health for providing technical advice and assistance 10 consistent with established departmental responsibilities in 11 the alleviation of public health and environmental hazards 12 associated with hazardous material releases, including, 13 without limitation, dispatching emergency response personnel 14 to accident sites during emergency situations when requested 15 by PEMA. 16 (9) Prescribe duties and responsibilities for 17 Commonwealth agencies and local emergency planning committees 18 to conduct comprehensive emergency management activities. 19 (10) Prescribe standards for hazardous material response 20 team training or certification, the equipping of hazardous 21 material response team units and other matters involving 22 hazardous material response activities. 23 (11) Do all other acts and things necessary for the 24 exercise of the powers and duties of the council and for the 25 implementation of this act and SARA, Title III. 26 (h) Council expenses.--The administrative and operational 27 expenses of the council shall be paid from the Hazardous 28 Material Response Fund. 29 Section 202. Establishment of emergency planning districts. 30 Each county is designated and constituted an emergency 19890S0649B0692 - 11 -
1 planning district for the purposes of SARA, Title III. 2 Section 203. Establishment and functions of local emergency 3 planning committees. 4 (a) Local emergency planning committees.--In order to carry 5 out the provisions of Federal and Commonwealth law, a minimum of 6 one local emergency planning committee shall be established in 7 each county. The local committee shall be subject to the 8 supervision of the council and shall cooperate with the county 9 emergency management agency and SARA facilities to prepare the 10 emergency response plans required by section 303 of SARA, Title 11 III (Public Law 99-499, 42 U.S.C. § 11003). 12 (b) Membership.--A local committee shall be composed of the 13 county emergency management coordinator, one county commissioner 14 and at least one person selected from each of the following 15 groups: 16 (1) Elected officials of the Commonwealth and 17 municipalities. 18 (2) Law enforcement, civil defense, firefighting, first 19 aid, health, local environmental, hospital and transportation 20 personnel. 21 (3) Broadcast and print media. 22 (4) Community groups. 23 (5) Owners and operators of facilities subject to the 24 requirements of SARA, Title III. 25 (c) Coordinator.--The county emergency management 26 coordinator shall have the lead responsibility for ensuring that 27 the plans and activities of the local committee comply with 28 SARA, Title III, this act, and other applicable statutes and 29 laws. 30 (d) Appointment.--The members of a local committee shall be 19890S0649B0692 - 12 -
1 appointed by the council from a list of nominees submitted by 2 the governing body of the county. The list of nominees shall 3 contain the names of at least one person from each of the groups 4 enumerated in subsection (b). Upon the failure of the governing 5 body of a county to submit a list of nominees to the council 6 within a time fixed by the council, the council may appoint 7 members at its pleasure. 8 (e) Vacancies.--Within 30 days of the occurrence of a 9 vacancy, the council shall appoint in the manner provided in 10 subsection (d) a successor member to a local committee for the 11 remainder of the unexpired term of the member for which the 12 vacancy exits. A vacancy shall occur upon the death, 13 resignation, disqualification or removal of a member of a local 14 committee. 15 (f) Meetings.--For the conduct of routine or emergency 16 business, the local committee shall meet at the call of the 17 chairperson. A majority of the members of the local committee, 18 or such other number of members of the local committee as set by 19 the local committee, shall constitute a quorum for the purpose 20 of conducting the business of the local committee and for all 21 other purposes. All actions of the local committee shall be 22 taken by a majority of the local committee members present. The 23 local committee shall be subject to the act of July 3, 1986 24 (P.L.388, No.212), known as the Sunshine Act. 25 (g) Duties.--A local committee shall have the duty and power 26 to: 27 (1) Make, amend and repeal bylaws and other procedures 28 in order to carry out the duties, requirements and 29 responsibilities of a local committee as set forth in SARA, 30 Title III, and as required by the council. 19890S0649B0692 - 13 -
1 (2) Take all actions necessary to ensure the 2 implementation of the local emergency response plan and to 3 notify PEMA upon receipt of a notification of the release of 4 a hazardous material. 5 (3) Investigate alleged violations of this act. 6 (4) Prepare reports, recommendations or other 7 information requested by the council. 8 (5) Meet with any Commonwealth agency or local agency 9 which is empowered to exercise the governmental functions of 10 planning and zoning, to regulate land use and land use 11 development, or to authorize the siting of a facility within 12 the county to discuss and review with the Commonwealth agency 13 and local agency all mitigation factors necessary to protect 14 the health, safety and welfare of the general public from a 15 potential release of hazardous materials from a proposed 16 facility. Mitigation factors include, but are not limited to, 17 environmental impacts, shelter and evacuation feasibility, 18 emergency warning and communications, availability of 19 response equipment and future population and economic growth 20 in the area of the proposed facility. 21 (h) Expenses.--The administrative and operational expenses 22 of a local committee shall be paid from the fees collected by 23 the county and from grants received from the council in 24 accordance with the provisions of sections 207 and 208, 25 respectively. 26 (i) Agency and compensation for injury.--A member of a local 27 committee shall be an agent of the council and shall be deemed a 28 duly enrolled emergency management volunteer for the purposes of 29 35 Pa.C.S. § 7706 (relating to compensation for accidental 30 injury). 19890S0649B0692 - 14 -
1 (j) Advisory capacity.--The local committee may perform 2 other emergency management advisory duties as requested by 3 county elected officials. 4 Section 204. Hazardous material safety program. 5 (a) Components.--In conjunction with the Departments of 6 Environmental Resources, Health, Transportation, Agriculture, 7 Labor and Industry, Public Utility Commission, Fish Commission, 8 Pennsylvania Turnpike Commission, and the Pennsylvania State 9 Police, or any other Commonwealth agencies as determined by the 10 council, PEMA shall develop a hazardous material safety program 11 for incorporation into the Pennsylvania Emergency Management 12 Plan developed by PEMA under 35 Pa.C.S. Pt. V (relating to 13 emergency management services). The hazardous material safety 14 program shall include an assessment of the potential dangers and 15 risks that hazardous material releases occurring at facilities 16 and from transportation related accidents pose to the general 17 public. The Pennsylvania State Fire Academy shall be utilized as 18 a primary training facility pursuant to its duties under 35 19 Pa.C.S. § 7316(c) (relating to Pennsylvania State Fire Academy). 20 The program shall also consider the impacts, consequences and 21 necessary protective measures required to respond to and 22 mitigate the effects of such releases and accidents. The program 23 shall include, but not be limited to: 24 (1) Development of comprehensive emergency management 25 guidance for hazardous materials for the Commonwealth and 26 Commonwealth agencies which sets forth the specific duties, 27 responsibilities, roles and missions of Commonwealth 28 agencies. 29 (2) Development of comprehensive emergency management 30 guidance consistent with the Emergency Management Services 19890S0649B0692 - 15 -
1 Code for hazardous materials that can be used by the local 2 committees to meet the requirements of Federal and 3 Commonwealth statutes and laws. 4 (3) Development of a notification system whereby the 5 owners and operators of a facility will report the occurrence 6 of any hazardous substance or extremely hazardous substance 7 release to the appropriate Commonwealth agencies, local 8 agencies, and Commonwealth and local officials designated in 9 the Commonwealth and local plans. The reporting requirements 10 for this notification system are set forth in section 206. 11 (4) Development of a notification system whereby the 12 transporters of any hazardous substance or extremely 13 hazardous substance will report the occurrence of any 14 hazardous material release to the Commonwealth agencies, 15 local agencies and Commonwealth and local officials 16 designated in the Commonwealth and local plans. The reporting 17 requirements for this notification system are set forth in 18 section 206. 19 (5) Training and equipping Commonwealth agency and local 20 agency public safety and emergency response personnel. 21 (6) Establishing training standards or a certification 22 program for the formation of Commonwealth agency, local 23 agency or regional hazardous material response teams. All 24 Commonwealth agency, local agency or other agencies and 25 committees that establish training standards for emergency 26 service, law enforcement, firefighting or other personnel 27 shall cooperate with the council in the implementation of 28 these training standards or certification program. 29 (7) Periodical exercise of hazardous material release 30 scenarios at facilities and transportation sites that are 19890S0649B0692 - 16 -
1 designed to test the response capabilities of Commonwealth 2 agency, local agency and regional public safety and emergency 3 response personnel. 4 (8) Procurement of specialized hazardous material 5 response supplies and equipment to be used by Commonwealth 6 agency, local agency and regional public safety and emergency 7 response personnel. 8 (9) PEMA's staffing and operation of a 24-hour State 9 emergency operations center to provide effective emergency 10 response coordination for all types of natural and man-made 11 disaster emergencies, including the ability to receive and 12 monitor the emergency notification reports required under 13 sections 205 and 206 from all facilities and transporters 14 involved with hazardous material incidents. 15 (10) Provisions for financial assistance to counties and 16 Commonwealth agencies as provided in sections 207 and 208 and 17 for the payment of compensation benefits awarded to duly 18 enrolled emergency management volunteers under 35 Pa. C.S. § 19 7706 (relating to compensation for accidental injury). 20 Section 205. Emergency reporting requirements. 21 (a) Requirements.--The owner or operator of a facility in 22 this Commonwealth shall comply with the following requirements: 23 (1) The owner or operator of a facility in this 24 Commonwealth covered under section 302 of SARA, Title III, 25 shall comply with the emergency planning and notification 26 requirements under sections 302 and 303 of SARA, Title III. 27 (2) The owner or operator of a facility in this 28 Commonwealth covered under section 311 of SARA, Title III, 29 shall comply with the reporting requirements under sections 30 311 and 312 of SARA, Title III. 19890S0649B0692 - 17 -
1 (3) The owner or operator of a facility in this 2 Commonwealth subject to section 313 of SARA, Title III, shall 3 comply with the toxic chemical release form requirements 4 under section 313 of SARA, Title III. 5 (4) The owner of a facility in this Commonwealth subject 6 to the requirements of paragraphs (2) and (3) shall comply 7 with the procedures for providing information under section 8 323 of SARA, Title III. 9 (5) The owner or operator of a facility in this 10 Commonwealth covered under section 304 of SARA, Title III, 11 shall comply with the notification requirements of section 12 304 of SARA, Title III, and section 206 of this act. 13 (b) Document repository.--For the purposes of complying with 14 the reporting requirements set forth in sections 311, 312 and 15 313 of SARA, Title III, the owner or operator of any facility 16 shall submit its material safety data sheets or chemical lists, 17 emergency and hazardous chemical inventory forms and toxic 18 chemical release forms to the Department of Labor and Industry, 19 which is the council's repository for those documents. 20 (c) Rolling stock.--The owner or operator of a property that 21 has one or more rolling stock located within its property 22 boundaries for any period of time in excess of 30 continuous 23 days shall notify the council and the appropriate local 24 committee of that fact and shall prepare an emergency response 25 plan, which contains those provisions that either the council or 26 the appropriate local committee directs, in order to deal with 27 any potential release of an extremely hazardous substance from 28 that rolling stock. 29 Section 206. Emergency notification requirements. 30 (a) Facility or transportation accident or incident.--Except 19890S0649B0692 - 18 -
1 as provided in subsection (e), the owner or operator of a 2 facility that manufactures, produces, uses, imports, exports, 3 stores, supplies or distributes any hazardous substance or 4 extremely hazardous substance, and the owner or operator of a 5 vehicle that ships, transports or carries any hazardous 6 substance or extremely hazardous substance to, within, through 7 or across this Commonwealth shall immediately report the release 8 of the substance which exceeds the reportable quantity and which 9 occurs outside the property boundaries of the facility or which 10 results from a transportation accident or incident to the 11 appropriate Commonwealth and county emergency response office as 12 follows: 13 (1) Initial notification shall be made by the owner or 14 operator of a facility by calling the 24-hour response 15 telephone number of the county office designated and acting 16 as the emergency response coordinator for the local 17 committee, which may be known as the county emergency 18 management office 24-hour response number. 19 (2) Initial notification shall be made by the owner or 20 operator of a vehicle by dialing 911 or, in the absence of a 21 911 emergency telephone number, calling the operator in order 22 to notify the county emergency management office 24-hour 23 response number within whose jurisdiction the transportation 24 accident or incident has occurred, and reporting that a 25 hazardous substance or an extremely hazardous substance 26 release has occurred. 27 (b) Contents.--The notification shall include each of the 28 following to the extent known at the time of the notice and so 29 long as no delay in responding to the emergency results: 30 (1) The name and telephone number of the person making 19890S0649B0692 - 19 -
1 the notification. 2 (2) The name of the person employed by the owner or 3 operator of the facility or vehicle who has the authority or 4 responsibility to supervise, conduct or perform any cleanup 5 activities required at the facility or transportation 6 accident site or to contract for the performance of any 7 cleanup activities at the facility or transportation accident 8 site. 9 (3) The chemical name or identity of any substance 10 involved in the release. 11 (4) An indication of whether the substance is an 12 extremely hazardous substance or other hazardous material or 13 appears on a Federal or Commonwealth list of hazardous 14 materials as periodically amended. 15 (5) An estimate of the quantity of the substance that 16 was released into the environment. 17 (6) The time, location and duration of the release. 18 (7) The medium or media into which the release occurred. 19 (8) Any known or anticipated acute or chronic health 20 risks associated with the emergency and, where appropriate, 21 advice regarding medical attention necessary for exposed 22 individuals. 23 (9) Proper precautions to take as a result of the 24 release, including evacuation, unless the information is 25 readily available to the community emergency coordinator 26 under an emergency plan, and any other relevant information 27 which may be requested. 28 (10) The name and telephone number of the person or 29 persons to be contacted for further information. 30 (11) Additional information required by Federal or 19890S0649B0692 - 20 -
1 Commonwealth law. 2 (c) Second notice.--A second notification shall be made to 3 the PEMA 24-hour response number. This notification shall 4 contain the information required by subsection (b) and shall be 5 made within one hour of the occurrence of the accident or 6 incident. 7 (d) Written report.--Within 14 calendar days after a release 8 which required notice under this section, the owner or operator 9 of a facility and the owner or operator of a vehicle shall 10 provide a written follow-up emergency notice, or notices if more 11 information becomes available, to PEMA and the county emergency 12 management office setting forth and updating the information 13 required under subsection (b), and including additional 14 information with respect to: 15 (1) Actions taken to respond to and contain the release. 16 (2) Any known or anticipated acute or chronic health 17 risks associated with the release. 18 (3) Advice regarding medical attention necessary for 19 exposed individuals, where appropriate. 20 (4) Actions to be taken to mitigate potential future 21 incidents. 22 (e) Exception.--The provisions of this section shall not 23 apply to a release of a hazardous substance or an extremely 24 hazardous substance if the release of such substance is 25 exempted, excluded or permitted by Federal or Commonwealth 26 statute, law, rule or regulation. 27 Section 207. Establishment of funds. 28 (a) Hazardous Material Response Fund.--There is hereby 29 created in the General Fund a nonlapsing restricted account to 30 be known as the Hazardous Material Response Fund. The fund shall 19890S0649B0692 - 21 -
1 consist of the fees collected under subsection (d). Expenditures 2 from the fund shall be authorized by the Governor and 3 administered by PEMA and shall be used to carry out the 4 purposes, goals and objectives of SARA, Title III, and the 5 Commonwealth's hazardous material safety program. 6 (b) Emergency Planning Fee Account.--The treasurer of each 7 county shall establish a nonlapsing restricted account, to be 8 known as the Emergency Planning Fee Account. The fund shall 9 consist of the fees collected under subsection (c). Expenditures 10 from the fund shall be authorized by the council and shall be 11 used only to fund the administrative and operational expenses of 12 local committees in accordance with guidelines or regulations 13 promulgated by the council. 14 (c) Emergency planning fee.--Each owner or operator of a 15 facility shall pay to the treasurer of the county where the 16 facility is located, for deposit into the Emergency Planning Fee 17 Account, an annual fee to be known as an emergency planning fee, 18 for each facility owned or operated according to the following 19 schedule: 20 (1) Payable on or before July 1, 1989, $100 for each 21 facility at which four or less persons are employed. 22 (2) Payable on or before July 1, 1989, $500 for each 23 facility at which more than four but not more than nine 24 persons are employed. 25 (3) Payable on or before July 1, 1989, $800 for each 26 facility at which more than nine but not more than 19 persons 27 are employed. 28 (4) Payable on or before July 1, 1989, $1,000 for each 29 facility at which more than 19 persons are employed. 30 (5) Payable on or before July 1, 1990, and the first day 19890S0649B0692 - 22 -
1 of July of every year thereafter, $100 for each facility. 2 (d) Hazardous chemical fee.--Each owner or operator of a 3 facility shall pay a fee, to be known as a hazardous chemical 4 fee, of $10 by March 1 of each year to the council for each 5 hazardous chemical within the meaning of 29 CFR 1912.1200(c) or 6 its successor which is required by section 312 of SARA, Title 7 III, to be listed on the hazardous chemical inventory form (Tier 8 II) which the owner or operator of the facility submits to the 9 council. The fees collected under this subsection shall be 10 deposited by the council into the Hazardous Material Response 11 Fund. 12 (e) Exemptions.--The owners or operators of family farm 13 enterprises shall be exempt from payment of the fees required 14 under subsections (c) and (d). 15 (f) Federal funds, grants or other gifts.--The council is 16 authorized to accept and may deposit into the Hazardous 17 Materials Response Fund grants, gifts and Federal funds, for the 18 purpose of carrying out the provisions of this act. 19 Section 208. Emergency management grants. 20 (a) General.--Each county shall participate in the hazardous 21 material safety program and may be eligible to receive an 22 emergency management grant from the Hazardous Material Response 23 Fund in order to comply with the requirements of SARA, Title 24 III, and the Commonwealth's hazardous material safety program. 25 (b) Applications.--A county or Commonwealth agency may apply 26 annually to the council for an emergency management grant. 27 Applications shall be made in the manner specified by the 28 council in regulations promulgated under section 201(g). 29 (c) Eligible Costs.--Eligible costs for emergency management 30 grants are limited to the cost of: 19890S0649B0692 - 23 -
1 (1) Developing, updating and exercising emergency 2 response plans required under section 303 of SARA, Title III. 3 (2) Performing public information functions as required 4 by section 324 of SARA, Title III. 5 (3) Collecting, documenting and processing chemical 6 inventory forms and other documents required by SARA, Title 7 III. 8 (4) Developing an emergency planning and response 9 capability for responding to hazardous material releases and 10 meeting the requirements of the Commonwealth's hazardous 11 material safety program. 12 (5) Supporting the operation and administration of local 13 committees. 14 (d) Grant amount.--The amount of the annual grant from the 15 Hazardous Material Response Fund shall not exceed the amount of 16 the funds of local revenues made available by the county for the 17 purpose of complying with the requirements and provisions of 18 SARA, Title III, and this act. 19 (e) Payment of grants.--The council shall review annually 20 all applications received under this section and may make grants 21 to the counties and Commonwealth agencies from the Hazardous 22 Material Response Fund. The council shall prioritize the 23 available funds among the eligible applicants based upon the 24 following criteria: 25 (1) Compliance with the requirements of SARA, Title III, 26 and the Commonwealth's hazardous material safety program and 27 emergency management services program. 28 (2) The number of facilities located within the county, 29 or the existence of unique or special circumstances that pose 30 a threat to the health and safety of the general public, or 19890S0649B0692 - 24 -
1 both. 2 (3) Availability of financial, technical or other 3 assistance to the applicant from other governmental, business 4 or private sources. 5 Section 209. Hazardous material response teams. 6 (a) Hazardous material response zones.--The council or its 7 designated agent may establish hazardous material response zones 8 consisting of portions of counties or multiple counties that may 9 be served by hazardous material response teams that are 10 certified by the council. 11 (b) Grants.--Each certified hazardous material response team 12 may be eligible to receive, through an application submitted by 13 either a Commonwealth agency or county, an emergency management 14 grant from the Hazardous Material Response Fund. 15 (c) Compliance with guidelines and regulations.--Hazardous 16 material response teams shall comply with any guidelines, 17 regulations, directives or other documents developed by the 18 council for incorporation into the Commonwealth's hazardous 19 material safety program. 20 (d) Compliance with act.--Each county shall comply with its 21 duty to respond to hazardous material releases or incidents 22 under the provisions of this act and the emergency management 23 services code by doing any of the following: 24 (1) Individually organizing and operating a certified 25 hazardous materials response team. 26 (2) Contracting with a certified hazardous material 27 response team, such as those formed by a regional hazardous 28 materials organization. 29 (3) Participating as a member of a regional hazardous 30 materials organization for the purpose of creating and 19890S0649B0692 - 25 -
1 organizing a certified hazardous material response team. 2 (e) Regional hazardous materials organizations.--Regional 3 hazardous materials organizations formed solely by a county or 4 counties may be funded fully or in part by proportional 5 contributions from the political subdivisions included within 6 the hazardous material response zone serviced by the regional 7 hazardous materials organization or as otherwise agreed to by 8 contract between the regional hazardous materials organization 9 and those political subdivisions. 10 (f) Insurance.--Each Commonwealth agency, local agency, 11 regional hazardous materials organization, volunteer service 12 organization, hazardous material transporter, manufacturer, 13 supplier or user, or other entity that organizes a hazardous 14 material response team shall be responsible for providing 15 workers' compensation and liability insurance for its hazardous 16 material response team. A hazardous material response team that 17 meets the training standards or certification requirements 18 established under the Commonwealth's hazardous material safety 19 program shall receive a discount from the applicable insurance 20 company as that insurance company's loss experience justifies. 21 (g) Emergency response.--A certified hazardous materials 22 response team may enter onto any private or public property on 23 which a release of a hazardous material has occurred or the 24 occurrence or the threat of a hazardous material release is 25 imminent. A certified hazardous materials response team may 26 enter any adjacent or surrounding property to which the 27 hazardous material release has entered or threatens to enter. A 28 certified hazardous materials response team may enter any 29 private or public property in order to respond to the release or 30 threatened release of a hazardous material, to monitor and 19890S0649B0692 - 26 -
1 contain the hazardous material release, to perform cleanup, 2 removal and remedial actions, and to perform any other emergency 3 response activities deemed necessary by the certified hazardous 4 material response team or by the representatives of PEMA, the 5 county emergency management office as established under 35 6 Pa.C.S. Pt. V (relating to emergency management services), or 7 the local committee. 8 Section 210. Recovery of response costs. 9 (a) General rule.--A person who causes a release of a 10 hazardous material shall be liable for the response costs 11 incurred by a hazardous material response team. The Commonwealth 12 agency, local agency, regional hazardous materials organization, 13 volunteer emergency service organization, or hazardous material 14 transporter, manufacturer, supplier or user that organized the 15 hazardous material response team that undertakes a response 16 action may recover those response costs in an action in equity 17 brought before a court of competent jurisdiction. Should more 18 than one hazardous material response team incur response costs 19 for the same hazardous material release or incident, the 20 organizing entities of those hazardous material response teams 21 may file a joint action in equity and may designate one entity 22 to represent the others in the law suit. 23 (b) Amount.--In an action to recover response costs, a 24 Commonwealth agency, local agency, regional hazardous materials 25 organization, or a hazardous material transporter, manufacturer, 26 supplier or user may include operational, administrative 27 personnel and legal costs incurred from its initial response 28 action up to the time that it recovers its costs. The amount 29 attributable to administrative and legal costs shall be 10% of 30 the amount paid for the response action or the actual costs, 19890S0649B0692 - 27 -
1 whichever is greater. Volunteer emergency service organizations 2 may include only operational, administrative and legal costs 3 incurred from its initial response action up to the time that it 4 recovers its costs. 5 (c) Civil penalty.--If a Commonwealth agency or local agency 6 files an action to recover the response costs incurred by its 7 hazardous material response team, it may also seek civil 8 penalties under section 302. 9 (d) Definitions.--When used in this section, the term 10 "response cost" includes the following: 11 (1) Disposable materials and supplies acquired, consumed 12 and expended specifically for the purpose of the response to 13 the hazardous material release. 14 (2) Rental or leasing of equipment used specifically for 15 the response, for example, protective equipment or clothing 16 and scientific and technical equipment. 17 (3) Replacement costs for equipment that is contaminated 18 beyond reuse or repair during the response, for example, 19 self-contained breathing apparatus irretrievably contaminated 20 during the response. 21 (4) Decontamination of equipment contaminated during the 22 response. 23 (5) Compensation of employees or members of the 24 hazardous material response team, to include regular and 25 overtime pay for permanent full-time and other than full-time 26 employees or members. 27 (6) Special technical services specifically required for 28 the response, for example, costs associated with the time and 29 efforts of technical experts or specialists. 30 (7) Laboratory and testing costs for purposes of 19890S0649B0692 - 28 -
1 analyzing samples or specimens taken during the response. 2 (8) Other special services specifically required for the 3 response, for example, utility costs. 4 (9) Costs associated with the services, supplies and 5 equipment used to conduct an evacuation during the response. 6 Section 211. Facility and vehicle inspection and testing. 7 (a) Inspection.--In order to determine compliance with this 8 act and SARA, Title III, either PEMA or a local committee may 9 send representatives to a facility or vehicle site, during 10 normal business hours, to inspect the facility or vehicle and to 11 request information or reports from the facility or vehicle 12 owner or operator concerning the chemical name, identity, 13 amount, or any other information necessary for emergency 14 planning and response purposes for any substance, liquid, 15 mixture, compound, material or product manufactured, produced, 16 used, stored, supplied, imported, exported or distributed at, to 17 or from the facility or vehicle. 18 (b) Testing.--Should a representative of PEMA or the local 19 committee determine during the course of a facility or vehicle 20 inspection that the chemical name, identity, amount or any other 21 requested information for any substance, liquid, mixture, 22 compound, material or product present at the facility or vehicle 23 cannot be identified or determined to his satisfaction, due to 24 the lack of proper labeling, placarding, record keeping or for 25 any other reason, the representative shall have the authority to 26 take a sample or specimen of the substance, liquid, mixture, 27 compound, material or product, in those amounts deemed 28 necessary, in order to have the sample or specimen tested and 29 analyzed either at the time of the inspection or subsequent to 30 the inspection at a Commonwealth, county or private laboratory. 19890S0649B0692 - 29 -
1 The purpose of the test or analysis shall be to identify the 2 chemical properties of the sample or specimen or to determine 3 the amount of the substance, liquid, mixture, compound, material 4 or product manufactured, produced, used, stored, supplied, 5 imported, exported or distributed at, to or from the facility or 6 vehicle. The owner or operator of a facility or vehicle shall 7 pay any testing and laboratory analysis costs incurred by PEMA 8 or a local committee as performed under this section. 9 (c) Emergency situations.--Should a release or threatened 10 release of a known or unknown substance, liquid, mixture, 11 compound, material or product occur or appear to be imminent at 12 a facility or vehicle site, which endangers or has the potential 13 to endanger the health, safety and welfare of the public, 14 employees of the facility, or the vehicle's owner or operator, 15 or the employees of the owner or operator of the vehicle, PEMA 16 or the local committee may send representatives to the facility 17 or vehicle site at any time in order to inspect the facility or 18 vehicle and to assess the danger posed by the release or 19 threatened release and to obtain samples or specimens of the 20 substance, liquid, mixture, compound, material or product 21 involved in the release or threatened release and to perform any 22 other emergency response activities deemed necessary by the 23 representatives of PEMA or the local committee. 24 (d) Trade secrets.--A person shall provide the 25 representative of PEMA or the local committee with the chemical 26 name, identity or any other information requested concerning any 27 substance, liquid, mixture, compound, material or product 28 present at the facility or vehicle, whether or not the chemical 29 name, identity or other information requested is entitled to 30 protection as a trade secret under section 322 of SARA, Title 19890S0649B0692 - 30 -
1 III. For that information which has received trade secret 2 protection under section 322 of SARA, Title III, prior to the 3 date of the inspection or request, the representative shall give 4 a written assurance to the person that reasonable measures will 5 be taken to protect the confidentiality of any information 6 provided to the representative. 7 CHAPTER 3 8 MISCELLANEOUS PROVISIONS 9 Section 301. Immunity from civil liability. 10 (a) General.--No Commonwealth agency, local agency, regional 11 hazardous materials organization, volunteer emergency service 12 organization or hazardous material transporter, manufacturer, 13 supplier or user that organized the hazardous material response 14 team nor their elected officers, officials, directors and 15 employees, and no hazardous material response team member, 16 member of an industrial hazardous material response team, law 17 enforcement officer, ambulance service or rescue squad member, 18 firefighter or other emergency response personnel engaged in any 19 emergency service or response activities involving a hazardous 20 material release at a facility or transportation accident site 21 shall be liable for the death of or any injury to persons or 22 loss or damage to property resulting from that hazardous 23 material release, except for any acts or omissions which 24 constitute willful misconduct. 25 (b) Council and local committees.--No member of the council 26 or a local committee shall be liable for any civil damages 27 resulting from any act or omission arising out of the 28 performance of the functions, duties and responsibilities of the 29 council or local committee, except for acts or omissions which 30 constitute willful misconduct. 19890S0649B0692 - 31 -
1 (c) Other.--No employee, representative or agent of a 2 Commonwealth agency or local agency engaged in any emergency 3 service or response activities involving a hazardous material 4 release at a facility or transportation accident site shall be 5 liable for the death of or any injury to persons or loss or 6 damage to property resulting from that hazardous material 7 release, except for any acts or omissions which constitute 8 willful misconduct. 9 Section 302. Penalties and fines. 10 (a) Civil penalty.--A person who violates any of the 11 emergency reporting, planning or notification requirements of 12 sections 201 through 206 or any regulations promulgated under 13 those sections shall be subject to a civil penalty of not less 14 than $1,000 and not more than $25,000, plus $5,000 for each day 15 of continued violation. 16 (b) Misdemeanor.--A person who: 17 (1) Knowingly and willfully fails to report the release 18 of a hazardous substance or extremely hazardous substance as 19 required by sections 205 and 206 commits a misdemeanor of the 20 third degree and shall, upon conviction, be sentenced to pay 21 a fine of not less than $1,000 and not more than $25,000 for 22 each separate offense or imprisonment in the county jail for 23 a period of not more than one year, or both. For the purposes 24 of this paragraph, each day of continued violation 25 constitutes a separate offense. 26 (2) Intentionally obstructs or impairs, by force, 27 violence, physical interference or obstacle, a representative 28 of PEMA or the local committee attempting to perform the 29 duties and functions set forth in section 211, commits a 30 misdemeanor of the second degree and shall, upon conviction, 19890S0649B0692 - 32 -
1 be sentenced to pay a fine of not less than $1,000 and not 2 more than $5,000 for each separate offense or imprisonment in 3 the county jail for a period of not more than two years, or 4 both. 5 (c) Disposition.--One half of all civil penalties and fines 6 collected under this section shall be deposited into the 7 Hazardous Material Response Fund and one half shall be deposited 8 into the appropriate county Emergency Planning Fee Account. 9 Section 303. Enforcement. 10 (a) Civil actions.--The Office of Attorney General, or the 11 Office of General Counsel may commence a civil action against 12 any person for failure to comply with this act or its 13 regulations. The council, a county or a municipality may 14 commence a civil action against any person for failure to comply 15 with this act or its regulations if the Office of Attorney 16 General or the Office of General Counsel has not commenced such 17 action and more than 60 days have elapsed since the plaintiff 18 gave notice of the alleged violation to the alleged violator. 19 (b) Criminal actions.--The Office of Attorney General under 20 the act of October 15, 1980 (P.L.950, No.164), known as the 21 Commonwealth Attorneys Act, or the district attorney for the 22 county in which the violation is alleged to have occurred, may 23 commence criminal proceedings for the enforcement of this act 24 and its regulations. 25 (c) Venue.--A proceeding under subsection (a) or (b) may be 26 brought in the court of common pleas for the county in which the 27 defendant is located or for the county in which the violation is 28 alleged to have occurred. 29 Section 304. Relationship to other laws. 30 (a) Federal law.--This law shall be read in conjunction with 19890S0649B0692 - 33 -
1 Federal acts, laws or regulations providing for the 2 identification, labeling or reporting of information concerning 3 hazardous material releases, and any other health and safety 4 matters related to hazardous materials, and is intended to 5 supplement Federal acts, laws and regulations in the interests 6 of protecting the health and safety of the citizens of this 7 Commonwealth. In those instances where the provisions of this 8 act are more comprehensive or stringent than the provisions of 9 an applicable Federal act, law or regulation, the provision of 10 this act shall be controlling. 11 (b) State law.--Nothing in this act shall affect or modify 12 in any way the obligations or liabilities of any person under 13 other statutes of this Commonwealth. 14 (c) Local law.--This act shall preempt any ordinances or 15 resolutions passed or adopted by any political subdivision that 16 is effective on or before the effective date of this act to the 17 extent that such ordinance or resolution conflicts or is 18 inconsistent with the provisions of this act. 19 Section 305. Facility insurance. 20 A facility that complies with the emergency reporting 21 requirements of section 205(a), (b), (c), (e) and (g) of this 22 act, as applicable to that facility, may receive a discount from 23 that facility's insurance company as that insurance company loss 24 experience justifies. 25 Section 306. Appropriation. 26 The sum of $650,000 is appropriated to the Pennsylvania 27 Emergency Management Agency for fiscal year July 1, 1989, to 28 June 30, 1990, and shall likewise be appropriated each fiscal 29 year thereafter in order to carry out the various provisions of 30 SARA, Title III, and this act. 19890S0649B0692 - 34 -
1 Section 307. Severability. 2 The provisions of this act are severable. If any provision of 3 this act or its application to any person or circumstance is 4 held invalid, the invalidity shall not affect other provisions 5 or applications of this act which can be given effect without 6 the invalid provision or application. 7 Section 308. Effective date. 8 This act shall take effect immediately. B14L35RZ/19890S0649B0692 - 35 -