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§ 6020.707. De minimis settlements

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. § 6020.707
§ 6020.707. De minimis settlements
Currentness
(a) Expedited final settlement.--Whenever practicable and in the public interest, the department may as promptly as possible reach a final settlement with a responsible person in an administrative or civil action if such settlement involves only a minor portion of the response costs at the site concerned and if either of the following conditions are met:
(1) Both of the following are minimal in comparison to other hazardous substances contributed at the site by all known and financially viable responsible persons:
(i) The amount of the hazardous substances contributed by that person to the site.
(ii) The toxic or other hazardous effects of the substances contributed by that person to the site.
(2) The responsible person:
(i) is the owner of the real property on or in which the site is located;
(ii) did not conduct or permit the generation, transportation, storage, treatment or disposal of any hazardous substance at the site; and
(iii) did not contribute to the release or threatened release of a hazardous substance at the site through any act or omission.
(3) Paragraph (2) shall not apply if the responsible person acquired the real property with actual or constructive knowledge that the property was used for the generation, transportation, storage, treatment or disposal of any hazardous substance.
(b) Covenant not to sue.--The department may provide a covenant not to sue pursuant to the provisions of section 7061 with respect to future liability at the site concerned to any person who has entered into a de minimis settlement under this section.
(c) Responsibility.--Any person who reaches an agreement pursuant to this section shall be responsible only for that person's proportional share of response costs and damages assessed under section 702.2

Credits

1988, Oct. 18, P.L. 756, No. 108, § 707, effective in 60 days.

Footnotes

1
35 P.S. § 6020.706.
2
35 P.S. § 6020.702.
35 P.S. § 6020.707, PA ST 35 P.S. § 6020.707
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document