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§ 6020.702. Scope of liability

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 7. Liability and Settlement Procedures
35 P.S. § 6020.702
§ 6020.702. Scope of liability
Currentness
(a) General rule.--A person who is responsible for a release or threatened release of a hazardous substance from a site as specified in section 7011 is strictly liable for the following response costs and damages which result from the release or threatened release or to which the release or threatened release significantly contributes:
(1) Costs of interim response which are reasonable in light of the information available to the department at the time the interim response action was taken.
(2) Reasonable and necessary or appropriate costs of remedial response incurred by the United States, the Commonwealth or a political subdivision.
(3) Other reasonable and necessary or appropriate costs of response incurred by any other person.
(4) Damages for injury to, destruction of or loss of natural resources within this Commonwealth or belonging to, managed by, controlled by or appertaining to the United States, the Commonwealth or a political subdivision. This paragraph includes the reasonable costs of assessing injury, destruction or loss resulting from such a release.
(5) The cost of a health assessment or health effects study.
(b) Interest.--
(1) The amounts recoverable in an action under sections 507 and 11012 include interest on the amounts recoverable under subsection (a). Interest shall accrue from the later of:
(i) the date payment of a specified amount is demanded in writing; or
(ii) the date of the expenditure concerned.
(2) The rate of interest on the outstanding unpaid balance of the amounts recoverable under sections 507 and 1101 shall be 6% annually.
(c) Contractors.--A person or company who has entered into a contract with the department to assist the department in implementing this act, or a response action contractor under section 119 of the Federal Superfund Act,3 shall not be held liable under this act for a release of a hazardous substance arising out of performance of a response action when the release is not caused by the contractor's negligence.
(d) Commonwealth employees.--Persons employed by the Commonwealth shall not be held liable for a release of a hazardous substance or contaminant, or any other damages incurred, as a result of actions or omissions occurring when acting in their official capacity.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 702, effective in 60 days.

Footnotes

1
35 P.S. § 6020.701.
2
35 P.S. §§ 6020.507, 6020.1101.
3
42 U.S.C.A. § 9619.
35 P.S. § 6020.702, PA ST 35 P.S. § 6020.702
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document