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§ 6026.301. Remediation standards

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 29I. Land Recycling and Environmental Remediation Standards Act (Refs & Annos)
Chapter 3. Remediation Standards and Review Procedures
35 P.S. § 6026.301
§ 6026.301. Remediation standards
Currentness
(a) Standards.--Any person who proposes or is required to respond to the release of a regulated substance at a site and who wants to be eligible for the cleanup liability protection under Chapter 51 shall select and attain compliance with one or more of the following environmental standards when conducting remediation activities:
(1) a background standard which achieves background as further specified in section 302;2
(2) a Statewide health standard adopted by the Environmental Quality Board which achieves a uniform Statewide health-based level so that any substantial present or probable future risk to human health and the environment is eliminated as specified in section 303;3 or
(3) a site-specific standard which achieves remediation levels based on a site-specific risk assessment so that any substantial present or probable future risk to human health and the environment is eliminated or reduced to protective levels based upon the present or currently planned future use of the property comprising the site as specified in section 304.4
(b) Combination of standards.--A person may use a combination of the remediation standards to implement a site remediation plan and may propose to use the site-specific standard whether or not efforts have been made to attain the background or Statewide health standard.
(c) Determining attainment.--For the purposes of determining attainment of any one or a combination of remediation standards, the concentration of a regulated substance shall not be required to be less than the practical quantitation limit for a regulated substance as determined from time to time by the EPA. The department may, in consultation with the board, establish by regulation procedures for determining attainment of remediation standards when practical quantitation limits set by the EPA have a health risk that is greater than the risk levels set in sections 303(c) and 304(b) and (c). The department shall not establish procedures for determining attainment of remediation standards where maximum contaminant levels and health advisory levels have already been established for regulated substances.

Credits

1995, May 19, P.L. 4, No. 2, § 301, effective in 60 days.

Footnotes

1
35 P.S. § 6026.501 et seq.
2
35 P.S. § 6026.302.
3
35 P.S. § 6026.303.
4
35 P.S. § 6026.304.
35 P.S. § 6026.301, PA ST 35 P.S. § 6026.301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document