35 Pa. Stat. § 6020.103

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 6020.103 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Act of God." An unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

"Alternative water supplies." Includes, but is not limited to, drinking water and household water supplies.

"Board." The Environmental Hearing Board of the Commonwealth.

"Captive facility." A captive facility as defined and permitted under the act of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act.

"Claim." A demand in writing for a sum certain.

"Commercial hazardous waste disposal facility." A hazardous waste disposal facility permitted under the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, which is not a captive facility.

"Commercial hazardous waste storage facility." A hazardous waste storage facility permitted under the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, which is not a captive facility.

"Commercial hazardous waste treatment facility." A hazardous waste treatment facility permitted under the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, which is not a captive facility.

"Contaminant." An element, substance, compound or mixture which is defined as a pollutant or contaminant pursuant to the Federal Superfund Act. The term shall not include an element, substance, compound or mixture from a coal mining operation under the jurisdiction of the department or from a site eligible for funding under Title IV of the Surface Mining Control and Reclamation Act of 1977 ( Public Law 95-87, 30 U.S.C.§ 1201 et seq.); nor shall the term include natural gas, natural gas liquids, liquified natural gas or synthetic gas usable for fuel or mixtures of natural gas and synthetic gas usable for fuel, except for the purposes of an emergency response. The term shall also not include the following wastes generated primarily from the combustion of coal or other fossil fuels for the production of electricity: slag waste; flue gas emission control waste; and fly ash waste and bottom ash waste which is disposed of or beneficially used in accordance with the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, and the regulations promulgated thereto or which has been disposed of under a valid permit issued pursuant to any other environmental statute.

"Department." The Department of Environmental Resources of the Commonwealth.

"Disposal." The incineration, combustion, evaporation, air stripping, deposition, injection, dumping, spilling, leaking, mixing or placing of a hazardous substance or contaminant into the air, water or land in a manner which allows it to enter the environment.

"Drinking water supply." A raw or finished water source that is or may be used by a public water system, as defined in the Safe Drinking Water Act ( Public Law 95-323, 21 U.S.C.§ 349 and 42 U.S.C.§§ 201 and 300f et seq.), or as drinking water by one or more individuals.

"Environment." Surface water, groundwater, drinking water supply, land surface or subsurface strata or ambient air within this Commonwealth.

"Federal Superfund Act." The Comprehensive Environmental Response Compensation and Liability Act of 1980 ( Public Law 96-510, 94 Stat. 2767), as amended.

"Federal Superfund Program." The hazardous waste site cleanup program provided for in the Federal Superfund Act.

"Fund." The Hazardous Sites Cleanup Fund established by section 901 .

"Groundwater." Water occurring in a saturated zone or stratum or percolating beneath the surface of land.

"Hazardous substance."

(1) Any element, compound or material which is:

(i) Designated as a hazardous waste under the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, and the regulations promulgated thereto.

(ii) Defined or designated as a hazardous substance pursuant to the Federal Superfund Act.

(iii) Contaminated with a hazardous substance to the degree that its release or threatened release poses a substantial threat to the public health and safety or the environment as determined by the department.

(iv) Determined to be substantially harmful to public health and safety or the environment based on a standardized and uniformly applied department testing procedure and listed in regulations proposed by the department and promulgated by the Environmental Quality Board.

(2) The term does not include petroleum or petroleum products, including crude oil or any fraction thereof, which are not otherwise specifically listed or designated as a hazardous substance under paragraph (1); natural gas, natural gas liquids, liquified natural gas or synthetic gas usable for fuel or mixtures of natural gas and synthetic gas usable for fuel; or an element, substance, compound or mixture from a coal mining operation under the jurisdiction of the department or from a site eligible for funding under Title IV of the Surface Mining Control and Reclamation Act of 1977 ( Public Law 95-87, 30 U.S.C.§ 1201 et seq.). The term shall also not include the following wastes generated primarily from the combustion of coal or other fossil fuels for the production of electricity: slag waste; flue gas emission control waste; and fly ash waste and bottom ash waste which is disposed of or beneficially used in accordance with the Solid Waste Management Act and the regulations promulgated thereto or which has been disposed of under a valid permit issued pursuant to any other environmental statute.

"Hazardous waste." Any waste defined as hazardous under the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, and any regulations promulgated under that act.

"Interim response." Response which does not exceed 12 months in duration or $2,000,000 in cost. An interim response may exceed these limitations only where one of the following applies:

(1) Continued response actions are immediately required to prevent, limit or mitigate an emergency.

(2) There is an immediate risk to public health, safety or welfare or the environment.

(3) Assistance will not otherwise be provided on a timely basis.

(4) Continued response action is otherwise appropriate and consistent with future remedial response to be taken.

"Natural resources." Land, fish, wildlife, biota, air, water, groundwater, drinking water supplies and other resources belonging to, managed by, held in trust by, appertaining to or otherwise controlled by the United States, the Commonwealth or a political subdivision. The term includes resources protected by section 27 of Article I of the Constitution of Pennsylvania.

"Owner or operator." A person who owns or operates or has owned or operated a site, or otherwise controlled activities at a site. The term does not include a person who, without participating in the management of a site, holds indicia of ownership primarily to protect a security interest in the site nor a unit of State or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign. The term also shall not include a financial institution, an affiliate of a financial institution, a parent of a financial institution, nor a corporate instrumentality of the Federal Government, which acquired the site by foreclosure or by deed in lieu of foreclosure as a result of the enforcement of a mortgage or security interest held by such financial institution, parent of such financial institution, affiliate of such financial institution or a corporate instrumentality of the Federal Government before it had knowledge that the site was included on the National Priority List or corresponding State list and did not manage or control activities at the site which contributed to the release or threatened release of a hazardous substance. For the purposes of this subsection, the term "management" shall not include participation in or supervising the finances or fiscal operations of a responsible person or an owner or operator in connection with a loan to, services provided for or fiscal obligation of that responsible person or owner or operator or actions taken to protect or preserve the value of the site or operations conducted on the site. This exclusion does not apply to a political subdivision which has caused or contributed to the release or threatened release of a hazardous substance from the site.

"Person." An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, authority, interstate body or other legal entity which is recognized by law as the subject of rights and duties. The term includes the Federal Government, state governments and political subdivisions.

"Recycling equipment." Machinery used exclusively to process and reclaim hazardous waste materials into a raw material product that is nonhazardous and reusable, thereby reducing the total amount of hazardous material produced at a particular location.

"Release." Spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposal into the environment. The term includes the abandonment or discarding of barrels, containers, vessels and other receptacles containing a hazardous substance or contaminant. The term does not include:

(1) any release which results in exposure to persons solely within a workplace which may be subject to the assertion of a claim against the employer of such persons;

(2) combustion exhaust emissions from the engine of a motor vehicle, rolling stock, aircraft, vessel or pipeline compressor station;

(3) release of source material, by-product material or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (68 Stat. 921, 28 U.S.C.§§ 2341(3)(A) -(C) and 2342(1)-(4) and 42 U.S.C. § 2014 ), if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, or, for the purpose of section 104 of this act or any other response action, any release of source by-products, or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978 ( Public Law 95-604, 42 U.S.C.§ 7901 et seq.); and

(4) the normal application of fertilizer or pesticides.

"Remedial response or remedy." Any response which is not an interim response.

"Response." Action taken in the event of a release or threatened release of a hazardous substance or a contaminant into the environment to study, assess, prevent, minimize or eliminate the release in order to protect the present or future public health, safety or welfare or the environment. The term includes, but is not limited to:

(1) Emergency response to the release of hazardous substances or contaminants.

(2) Actions at or near the location of the release, such as studies; health assessments; storage; confinement; perimeter protection using dikes, trenches or ditches; clay cover; neutralization; cleanup or removal of released hazardous substances, contaminants or contaminated materials; recycling or reuse, diversion, destruction or segregation of reactive wastes; dredging or excavations; repair or replacement of leaking containers; collection of leachate and runoff; onsite treatment or incineration; offsite transport and offsite storage; treatment, destruction, or secure disposition of hazardous substances and contaminants; treatment of groundwater, provision of alternative water supplies, fencing or other security measures; and monitoring and maintenance reasonably required to assure that these actions protect the public health, safety, and welfare and the environment.

(3) Costs of relocation of residents and businesses and community facilities when the department determines that, alone or in combination with other measures, relocation is more cost effective than and environmentally preferable to the transportation, storage, treatment, destruction or secure disposition offsite of hazardous substances or contaminants or may otherwise be necessary to protect the public health or welfare.

(4) Actions taken under section 104(b) of the Federal Superfund Act ( 42 U.S.C. § 9604(b) ) and any emergency assistance which may be provided under the Disaster Relief Act of 1974 ( Public Law 93-288, 88 Stat. 43).

(5) Other actions necessary to assess, prevent, minimize or mitigate damage to the public health, safety or welfare or the environment which may otherwise result from a release or threatened release of hazardous substances or contaminants.

(6) Investigation, enforcement, abatement of nuisances, and oversight and administrative activities related to interim or remedial response enforcement, abatement of nuisances, and oversight and administrative activities related to interim or remedial response.

"Responsible person." A person responsible for the release or threatened release of a hazardous substance as described in section 701 . In no case shall a financial institution or its affiliate or a corporate instrumentality of the Federal Government be deemed to be a responsible person or to be jointly or contingently liable for the actions of a responsible person by virtue or supervision of, or other involvement with, the finances and operations of a responsible person in connection with a loan, obligation or other service provided.

"Secretary." The Secretary of Environmental Resources of the Commonwealth.

"Service station operator." A person who owns or operates a motor vehicle service station, filling station, garage or similar operation engaged in selling, repairing or servicing motor vehicles who accepts or undertakes the collection, accumulation and delivery to an oil recycling facility of recycled oil that has been removed from the engine of a motor vehicle or appliance and that is presented for collection, accumulation and delivery to an oil recycling facility. The term includes a government agency that establishes a facility solely for the purpose of accepting recycled oil and owners or operators of refuse collection services who are compelled by law to collect, accumulate and deliver recycled oil to an oil recycling facility.

"Site." Any building; structure; installation; equipment; pipe or pipeline, including any pipe into a sewer or publicly owned treatment works; well; pit; pond; lagoon; impoundment; ditch; landfill; storage container; tank; vehicle; rolling stock; aircraft; vessel; or area where a contaminant or hazardous substance has been deposited, stored, treated, released, disposed of, placed or otherwise come to be located. The term does not include a location where the hazardous substance or contaminant is a consumer product in normal consumer use or where pesticides and fertilizers are in normal agricultural use.

"Solid Waste Management Act." The act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act.

"Transportation." The conveyance of a hazardous substance or contaminant by any mode, including pipeline.

"Treatment." A method, technique or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize the hazardous substance or to render the hazardous substance nonhazardous, safer for transport, suitable for recovery, suitable for storage or reduced in volume. The term includes activity or processing designed to change the physical form or chemical composition of a hazardous substance so as to render it neutral or nonhazardous.

"Vessel." A watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

35 P.S. § 6020.103

1988 , Oct. 18, P.L. 756, No. 108, § 103, effective in 60 days.