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§ 6020.505. Development and implementation of response actions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29C. Hazardous Sites Cleanup Act (Refs & Annos)
Chapter 5. Response and Investigation
35 P.S. § 6020.505
§ 6020.505. Development and implementation of response actions
(a) Basis.--The selection of a remedial response shall be based upon the administrative record developed under section 506.1
(b) Interim response.--An interim response may be taken before the development of an administrative record when, upon the basis of the information available to the department at the time of the interim response, there is a reasonable basis to believe that prompt action is required to protect the public health or safety or the environment. When the department takes an interim response before the development of an administrative record, it shall provide the notice required by section 506(b) within 30 days of initiating the response action. In addition to the information required by section 506(b), the notice shall describe the actions which have already been taken and any additional actions to be taken prior to the close of the public comment period under section 506(c).
(c) Implementation of action.--After the selection of an interim response or a remedial response, the department may implement all or any part of the selected action by doing any of the following:
(1) In the case of a release or threatened release of a hazardous substance, the department may:
(i) Issue an order to a responsible person. This subparagraph does not prohibit action under subparagraph (ii).
(ii) Take the action itself. This subparagraph does not prohibit action under subparagraph (i).
(2) In the case of a release or substantial threat of a release of a contaminant, which presents a substantial danger to the public health or safety or the environment, the department may:
(i) Issue an order to a responsible person. This subparagraph does not prohibit action under subparagraph (ii).
(ii) Take the action itself. This subparagraph does not prohibit action under subparagraph (i).
(d) Orders.--Orders issued under this section include, but are not limited to:
(1) Orders requiring a responsible person to take a response action.
(2) Orders restraining a person from interfering with a response action.
(3) Orders modifying a response action, including response actions which had been previously approved by the department.
(e) Judicial action.--The department may file an action to enforce an order issued under this section in Commonwealth Court or in any other court of competent jurisdiction. The department may include in the same action a civil penalty assessment under section 1104.2 When the department files such an action, its order shall be enforced and its civil penalty assessment shall be upheld unless the person subject to the order or the civil penalty can demonstrate that the department acted arbitrarily and capriciously on the basis of the administrative record developed under section 506 as permitted to be supplemented under section 508.3
(f) Costs.--
(1) When the department issues an order under this section, a person subject to the order may seek to recover from the fund the cost of complying with the order by filing an action with the board after completion of the response action. The action must be filed within 60 days after the completion of the required action. To recover costs, the person must demonstrate, by a preponderance of the evidence, all of the following:
(i) The person was not a responsible person under this act.
(ii) The costs sought to be recovered are reasonable in light of the action required by the order.
(2) A person subject to an order under this act may also recover reasonable costs for that portion of the response action ordered which the person can demonstrate to be arbitrary and capricious on the basis of the administrative record developed under section 506.
(g) Voluntary settlements.--The department, in its discretion, may enter into an agreement with any person, including a person who may be liable under section 701,4 to perform any response action when the department determines that such action will be properly done in accordance with the department's standards and after such person has submitted a plan and obtained the department's approval of such plan. Whenever practicable and in the public interest, the department may enter into agreements under this section in order to expedite efficient remedial action and minimize litigation. The decision of the department to use or not to use the procedures of this subsection is not subject to judicial review.
(h) Mixed funding.--An agreement under this section may provide that the department will pay from the fund a certain portion of the total response costs or the cost of certain response actions. The department may enter into mixed funding settlements for that portion of the response costs or damages allocable to persons against whom recovery cannot be obtained by reason of insolvency, dissolution, lack of jurisdiction by Commonwealth courts or other similar reasons. The department may also enter into mixed funding settlements when the financial resources of the known responsible persons are too small to cover the anticipated response costs, or the known and financially viable responsible persons have collectively contributed only a small fraction of the known hazardous substances at the site.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 505, effective in 60 days.

Footnotes

35 P.S. § 6020.506.
35 P.S. § 6020.1104.
35 P.S. § 6020.508.
35 P.S. § 6020.701.
35 P.S. § 6020.505, PA ST 35 P.S. § 6020.505
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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