Home Table of Contents

§ 6027.4. Limitation of economic development agency environmental liability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 25, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29J. Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act (Refs & Annos)
Effective: September 25, 2009
35 P.S. § 6027.4
§ 6027.4. Limitation of economic development agency environmental liability
(a) General rule.--An economic development agency that holds an indicia of ownership in property:
(1) as a security interest for the purpose of developing or redeveloping the property;
(2) to finance an economic development or redevelopment activity; or
(3) to secure public funding for the environmental investigation, remediation or redevelopment of or implementation of infrastructure improvements at the property for, among other purposes, the transfer of title to the property to a third party after rehabilitation
shall not be liable under the environmental acts to the department or to any other person in accordance with this section.
(b) Scope of limited liability.--
(1) An economic development agency shall not be liable in an action by the department, as a responsible person, unless the economic development agency, its employees or agents directly cause an immediate release or directly exacerbate a release of a regulated substance on or from the property.
(1.1) An economic development agency, its officers, directors, agents, members, employees and its professional consultants shall not be liable, including, but not limited to, for property damages, diminution of property value, stigma damages, natural resource damages, economic loss, bodily injury or death relating to any regulated substance currently or previously released on or from the property, in any action by a person alleging liability of any kind pursuant to the environmental acts, unless the economic development agency, its officers, directors, agents, members, employees or its professional consultants directly cause an immediate release or directly exacerbate a release of any regulated substance on or from the property.
(2) An economic development agency which forecloses on or assumes possession of a property shall remain within the exemption from liability under subsection (a).
(3) An economic development agency that conducts a remedial action in accordance with a written agreement with the department shall not be liable as a responsible party, owner, operator or occupier in any action by the department for a release or potential release of any regulated substance.
(4) There is cooperation with governmental agencies performing a remedial action, as follows:
(i) An economic development agency and any of its successors and assigns may take no action that would disturb or be inconsistent with remedial response that is proposed, approved or implemented by the Federal Environmental Protection Agency.
(ii) An economic development agency and any of its successors and assigns shall permit access to Federal and Commonwealth agencies and other parties acting under the direction of these agencies to evaluate, perform or maintain a remedial action.
(iii) An economic development agency or any of its successors and assigns shall perform, operate and maintain remedial actions pursuant to State laws as directed by the department.

Credits

1995, May 19, P.L. 33, No. 3, § 4, effective in 60 days. Amended 2009, July 27, P.L. 100, No. 26, § 2, effective in 60 days [Sept. 25, 2009].
35 P.S. § 6027.4, PA ST 35 P.S. § 6027.4
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document