Section 6020.102 - Declaration of policyThe General Assembly finds and declares as follows:
(1) The citizens of this Commonwealth have a right to clean water and a healthy environment, and the General Assembly has a responsibility to ensure the protection of that right.(2) Hazardous substances which have been released into the environment through improper disposal or other means pose a real and substantial threat to the public health and welfare of the residents of this Commonwealth and to the natural resources upon which they rely.(3) The cleanup of sites that are releasing or threatening the release of hazardous substances into the environment and the replacement of contaminated water supplies protects the public health, preserves and restores natural resources and is vital to the economic development of this Commonwealth.(4) When releases of hazardous substances contaminate public water supplies, the replacement of those water supplies is frequently beyond the resources of the people affected.(5) Traditional legal remedies have not proved adequate for preventing the release of hazardous substances into the environment or for preventing the contamination of water supplies. It is necessary, therefore, to clarify the responsibility of persons who own, possess, control or dispose of hazardous substances; to provide new remedies to protect the citizens of this Commonwealth against the release of hazardous substances; and to assure the replacement of water supplies.(6) Traditional methods of administrative and judicial review have interfered with responses to the release of hazardous substances into the environment. It is, therefore, necessary to provide a special procedure which will postpone both administrative and judicial review until after the completion of the response action.(7) The Federal Superfund Act provides numerous opportunities for states to participate in the cleanup of hazardous sites. It is in the interest of the citizens of this Commonwealth that the Commonwealth be authorized to participate in such cleanups and related activities to the fullest extent.(8) Many of the hazardous sites in this Commonwealth which do not qualify for cleanup under the Federal Superfund Act pose a substantial threat to the public health and environment. Therefore, an independent site cleanup program is necessary to promptly and comprehensively address the problem of hazardous substance releases in this Commonwealth, whether or not these sites qualify for cleanup under the Federal Superfund Act.(9) Extraordinary enforcement remedies and procedures are necessary and appropriate to encourage responsible persons to clean up hazardous sites and to deter persons in possession of hazardous substances from careless or haphazard management.(10) Persons engaged in the transportation and management of hazardous waste should contribute to the fund through a hazardous waste management fee that is designed to encourage and reward sound waste management practices such as source reduction, recycling and on-site treatment.(11) It is the intent of the General Assembly that the department shall undertake such measures and steps as are necessary to expedite the siting, review, permitting and development of hazardous waste treatment and disposal facilities within this Commonwealth, in order to protect public health and safety, foster economic growth and protect the environment.(12) The following are the purposes of this act:(i) Authorize the department to participate in the investigation, assessment and cleanup of sites under the Federal Superfund Act to the full extent provided by that act.(ii) Establish independent authority for the department to conduct site investigations and assessments; to provide for the cleanup of sites in this Commonwealth that are releasing or threatening the release of hazardous substances or contaminants into the environment; to require the replacement of water supplies contaminated by these substances; to take other appropriate response actions and recover from responsible persons its costs for conducting the responses.(iii) Establish the fund to provide to the department the financial resources needed to plan and implement a timely and effective response to the release of hazardous substances and contaminants, including emergency response actions, studies and investigations, planning, remedial response, maintenance and monitoring activities, replacement of water supplies and protection of the public from the hazardous site.(iv) Establish hazardous waste transportation and management fees to encourage preferred hazardous waste management practices and implement the hazardous waste management hierarchy described in the hazardous waste facilities plan and to generate revenues for the fund.(v) Establish and maintain a cooperative State and Federal program for the investigation and cleanup of sites containing hazardous substances or contaminants and for the replacement of affected water supplies and to take other appropriate response actions.(vi) Protect the public health, safety and welfare and the natural resources of this Commonwealth from the short-term and long-term effects of the release of hazardous substances and contaminants into the environment.(vii) Provide a flexible and effective means to implement and enforce the provisions of this act.(viii) Encourage the siting of new hazardous waste management facilities to properly store, treat and dispose of hazardous materials.(ix) Encourage responsible persons to voluntarily perform response activities by enabling the department to enter into settlement agreements with responsible persons to perform response activities that protect human health and the environment; by enabling the department to enter into settlement agreements with responsible persons to settle a minor portion of response costs; and by authorizing the department to utilize moneys from the fund established by this act to enter into settlement agreements that allow the department, when necessary to achieve a cleanup, to pay for a portion of the costs associated with response activities.(x) It is in the public interest to eliminate hazardous waste by encouraging and providing incentives to reduce the volume of hazardous waste materials produced, transported and disposed of in this Commonwealth by providing a special grant from the fund to persons who purchase or lease and install recycling equipment which is used exclusively for the elimination of such materials by reclaiming them on site and converting them into a raw-material product that is reusable and nonhazardous. 1988 , Oct. 18, P.L. 756, No. 108, § 102, effective in 60 days.