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§ 6020.512. After closure and conveyance of property

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. § 6020.512
§ 6020.512. After closure and conveyance of property
(a) General rule.--A site at which hazardous substances remain after completion of a response action shall not be put to a use which would disturb or be inconsistent with the response action implemented. The department shall have the authority to issue an order precluding or requiring cessation of activity at a facility which the department finds would disturb or be inconsistent with the response action implemented. A person adversely affected by the order may file an appeal with the board. The department shall require the recorder of deeds to record an order under this subsection in a manner which will assure its disclosure in the ordinary course of a title search of the subject property. An order under this subsection, when recorded, shall be binding upon subsequent purchasers.
(b) Acknowledgment.--The grantor, in every deed for the conveyance of property on which a hazardous substance is either presently being disposed or has ever been disposed by the grantor or to the grantor's actual knowledge, shall include in the property description section of the deed an acknowledgment of the hazardous substance disposal. To the extent the information is available, the acknowledgment shall include, but not be limited to, the surface area size and exact location of the disposed substances and a description of the types of hazardous substances contained therein. This property description shall be made a part of the deed for all future conveyances or transfers of the subject property. A description of any response undertaken with respect to the disposal of the hazardous substance as well as notice of any decision by the department to remove the site from the priority list provided for in section 5021 shall also be made part of the deed.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 512, effective in 60 days.

Footnotes

35 P.S. § 6020.502.
35 P.S. § 6020.512, PA ST 35 P.S. § 6020.512
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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