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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, ERICKSON, RAFFERTY, YUDICHAK, TOMLINSON, HUGHES, LEACH, FERLO, COSTA, BOSCOLA AND FARNESE, FEBRUARY 27, 2012 |
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| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 27, 2012 |
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| AN ACT |
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1 | Requiring environmental remediation in industrial closures; |
2 | imposing functions on the Department of Community and |
3 | Economic Development and the Department of Environmental |
4 | Protection; and imposing penalties. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Short title. |
8 | This act shall be known and may be cited as the Industrial |
9 | Closure Environmental Remediation Act. |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Closed industrial entity." A person that is determined |
15 | under section 3(a) to meet the condition in either of the |
16 | following paragraphs: |
17 | (1) Conducts an industrial activity employing more than |
18 | 300 individuals and: |
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1 | (i) reduces its work force by at least 65%; |
2 | (ii) idles or removes at least 65% of the equipment |
3 | or machinery on the site; or |
4 | (iii) reduces the amount of square footage of |
5 | enclosed space being utilized in the industrial activity |
6 | by at least 65%. |
7 | (2) Ceases to conduct an industrial activity and does |
8 | not, within six months, sell or transfer all of the real |
9 | property, equipment, buildings, docks and adjacent facilities |
10 | related to the industrial activity. |
11 | The term does not include a business entity regulated by the |
12 | Federal Energy Regulatory Commission. |
13 | "Contamination." The presence of a hazardous substance or |
14 | contaminant regulated under any of the following: |
15 | (1) The act of June 22, 1937 (P.L.1987, No.394), known |
16 | as The Clean Streams Law. |
17 | (2) The act of January 8, 1960 (1959 P.L.2119, No.787), |
18 | known as the Air Pollution Control Act. |
19 | (3) The act of July 7, 1980 (P.L.380, No.97), known as |
20 | the Solid Waste Management Act. |
21 | (4) The act of July 13, 1988 (P.L.525, No.93), referred |
22 | to as the Infectious and Chemotherapeutic Waste Law. |
23 | (5) The act of October 18, 1988 (P.L.756, No.108), known |
24 | as the Hazardous Sites Cleanup Act. |
25 | (6) The act of July 6, 1989 (P.L.169, No.32), known as |
26 | the Storage Tank and Spill Prevention Act. |
27 | "Department." The Department of Environmental Protection of |
28 | the Commonwealth. |
29 | "Industrial activity." Commercial, manufacturing, refinery, |
30 | mining or any other activity to further the development, |
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1 | manufacturing, refining or distribution of commodities or |
2 | services. The term includes: |
3 | (1) intermediate and final products and solid waste |
4 | created during these activities; |
5 | (2) administration of business activities; |
6 | (3) research and development; |
7 | (4) containment, warehousing, chipping, transport, |
8 | remanufacturing and stockpiling of raw or refined material; |
9 | and |
10 | (5) storage, repair and maintenance of commercial |
11 | machinery or products, equipment or solid waste. |
12 | "Remediation." Cleaning, mitigating, correcting, eliminating |
13 | controlling or preventing a release of contamination into the |
14 | environment. |
15 | "Site." The extent of contamination originating within the |
16 | property boundaries and all areas in close proximity to the |
17 | contamination necessary for the implementation of remediation. |
18 | Section 3. Determination and notice. |
19 | (a) Determination.--The Department of Community and Economic |
20 | Development shall determine whether a person is a closed |
21 | industrial entity. |
22 | (b) Notice.--Within 30 days of a determination under |
23 | subsection (a), the Department of Community and Economic |
24 | Development shall notify the department of the determination. |
25 | Section 4. Department. |
26 | (a) Report.-- Within 120 days of receiving notice under |
27 | section 3, the department shall complete a survey of all |
28 | violations of law and all contamination at the site of the |
29 | closed industrial entity and prepare a written report itemizing |
30 | all of the following: |
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1 | (1) Extent of the presence of contamination at the site. |
2 | (2) List of statutory and regulatory violations by the |
3 | closed industrial entity. |
4 | (3) List of activities to be undertaken by the closed |
5 | industrial entity necessary to conduct remediation to bring |
6 | the closed industrial entity into compliance with statutory |
7 | and regulatory provisions under paragraph (2). |
8 | (b) Transmission.--Within 15 days of completion of the |
9 | report under subsection (a), the department shall transmit the |
10 | report to the closed industrial entity. |
11 | Section 5. Duties of closed industrial entity. |
12 | Within one year of receipt of the report under section 4(b), |
13 | the closed industrial entity shall complete remediation required |
14 | under section 4(a)(3). |
15 | Section 6. Compliance. |
16 | (a) Monitoring.--The department shall monitor the activities |
17 | of the closed industrial entity required under section 4(a)(3). |
18 | (b) Determination.--One year following the receipt of the |
19 | report under section 4(b), the department shall conduct a review |
20 | and issue an order setting forth all of the following: |
21 | (1) Whether the closed industrial entity has completed |
22 | remediation required under section 4(a)(3). |
23 | (2) Whether there are remaining activities necessary to |
24 | achieve remediation required under section 4(a)(3). |
25 | (3) A determination of a penalty under section 7. |
26 | Section 7. Administrative penalties. |
27 | (a) Authority.--The department may impose the following |
28 | penalties: |
29 | (1) Except as set forth in paragraph (2), a maximum of |
30 | $10,000 per day for failure to comply with section 4(a)(3). |
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1 | (2) If the department determines that the failure is |
2 | because the closed industrial activity has not acted in good |
3 | faith, up to $20,000 a day for failure to comply with the |
4 | provision of this act. |
5 | (b) Administrative Agency Law.--A penalty under subsection |
6 | (a) is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice |
7 | and procedure of Commonwealth agencies) and Ch. 7 Subch. A |
8 | (relating to judicial review of Commonwealth agency action). |
9 | Section 30. Effective date. |
10 | This act shall take effect in 60 days. |
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