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§ 6022.103. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: February 20, 2001

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 29E. Hazardous Material Emergency Planning and Response Act
Chapter 1. General Provisions
Effective: February 20, 2001
35 P.S. § 6022.103
§ 6022.103. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Certified hazardous material response team.” A team of individuals who are certified and organized by a Commonwealth agency, a local agency, a regional hazardous material organization, a transporter, a manufacturer, supplier or user of hazardous materials, or a volunteer service organization, or a private contractor, for the primary purpose of providing emergency response services to mitigate actual or potential immediate threats to public health and the environment in response to the release or threat of a release of a hazardous material, which is certified, trained and equipped in accordance with this act. Hazardous material response teams may also be certified to perform stabilization actions needed to remove threats to public health and the environment from hazardous material releases.
“Commonwealth agency.” An executive agency or independent agency.
“Council.” The Pennsylvania Emergency Management Council.
“County.” Includes, but is not limited to, a city of the first class coterminous with a county of the first class.
“County commissioner.” Includes, but is not limited to, the mayor of a city of the first class coterminous with a county of the first class, or the designee of such mayor, and the equivalent county official designated under a home rule charter or optional plan adopted under the act of April 13, 1972 (P.L. 184, No. 62),1 known as the Home Rule Charter and Optional Plans Law.
“County emergency management coordinator.” The person designated to perform emergency management functions by the county under 35 Pa.C.S. Part V (relating to emergency management services).
“Emergency management.” The judicious planning, assignment and coordination of all available resources in an integrated program of prevention, mitigation, preparedness, response and recovery for emergencies of any kind, whether from attack, manmade or natural sources.
“Emergency Service Organization.” A team of individuals organized by a Commonwealth agency, a local agency or any other entity for the primary purpose of providing emergency services as defined in 35 Pa.C.S. § 7102 (relating to definitions).
“Executive agency.” A department, board, commission, authority, officer or agency of the Executive Department, subject to the policy, supervision and control of the Governor.
“Extremely hazardous substance.” A substance appearing on the list of extremely hazardous substances published by the administrator of the Federal Environmental Protection Agency under the authority of section 302 of the Federal Emergency Planning and Community Right-To-Know Act of 1986 (Title III, Public Law 99-499, 42 U.S.C. § 11002), as set forth at 40 CFR Part 355 (“Appendix A - The List of Extremely Hazardous Substances and Their Threshold Planning Quantities”), or appearing on any successor list of extremely hazardous substances published by the Administrator of the Federal Environmental Protection Agency under the authority of section 302 of SARA, Title III.2
“Facility.” All buildings, structures and other stationary items which are located on a single site or a contiguous or adjacent site which are owned or operated by the same person and which actually manufacture, produce, use, transfer, store, supply or distribute any hazardous material. The term includes railroad yards and truck terminals but does not include individual trucks, rolling stock, water vessels, airplanes or other transportation vehicles.
“Family farm enterprise.” A natural person, family farm corporation or family farm partnership engaged in farming which processes and markets its agricultural commodities in either intrastate or interstate commerce.
“Hazardous chemical.” Substances as defined within the meaning of 29 CFR 1910.1200(c), except that the term does not include the following:
(1) Any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration.
(2) Any substance present as a solid in any manufactured item to the extent that exposure to the substance does not occur under normal conditions of use.
(3) Any substance to the extent that it is used for personal, family or household purposes or is present in the same form and concentration as a product packaged for distribution and use by the general public.
(4) Any substance to the extent that it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
(5) Any substance to the extent that it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate consumer.
“Hazardous material.” Any of the following, as defined in this act:
(1) A hazardous substance.
(2) An extremely hazardous substance.
(3) A hazardous chemical.
(4) A toxic chemical.
“Hazardous substance.” A substance appearing on the list of hazardous substances prepared under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510, 94 Stat. 2767),3 as set forth at 40 CFR Part 302 (“Table 302.4 - List of Hazardous Substances and Reportable Quantities”), or appearing on any successor list of hazardous substances prepared under section 102 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
“Independent agency.” A board, commission, authority or officer of the Executive Department which is not subject to the policy, supervision and control of the Governor. The term does not include any court or other officer or agency of the unified judicial system or the General Assembly and its officers and agencies.
“Local agency.” A municipality or any officer or agency thereof.
“Local emergency planning committee” or “local committee.” The local committee within each emergency planning district responsible for preparing hazardous material plans and performing other functions under the Emergency Planning and Community Right-To-Know Act of 1986 (Title III, Public Law 99-499, 42 U.S.C. § 11001 et seq.)
“Mentoring council.” A voluntary organization of companies which handle, manufacture, use or distribute chemicals and other interested groups, formed in conjunction with a local emergency planning committee with the primary purpose of improving safe work practices.
“PEMA.” The Pennsylvania Emergency Management Agency.
“Person.” An individual, corporation, firm, association, public utility, trust, estate, public or private institution, group, Commonwealth or local agency, political subdivision, and any legal successor, representative or agency of the foregoing.
“Regional hazardous material organization.” A nonprofit corporation, joint venture or authority formed under the laws of this Commonwealth which either contracts with or is organized by one or more Commonwealth agencies, local agencies or volunteer service organizations for the purpose of creating, training, equipping, maintaining and providing one or more hazardous material response teams to serve any specific geographic area as approved by the Pennsylvania Emergency Management Council within, but not limited to, the Commonwealth under this act.
“Release.” Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment of a hazardous material, including, but not limited to, the abandonment or discarding of barrels, containers and other receptacles containing a hazardous material.
“Reportable quantity.” The quantity of a hazardous material stated on the various lists of hazardous substances and extremely hazardous substances as defined in this section, the release of which shall be reported under this act.
“Rolling stock.” Any railroad tank car, railroad boxcar or other railroad freight car as defined in 49 CFR 215, or its successor, that contains an extremely hazardous substance in excess of the threshold planning quantity established for such substance and is used as a storage site for such substance.
“SARA, Title III.” The Emergency Planning and Community Right-to-Know Act of 1986 (Title III, Public Law 99-499, 42 U.S.C. § 11001 et seq.).
“Service stations.” A motor vehicle service station, filling station, garage or similar operation engaged in the retail sale of motor fuels that are regulated by the act of July 6, 1989 (P.L. 169, No. 32),4 known as the Storage Tank and Spill Prevention Act, or a facility whose primary function is auto body repair.
“Toxic chemical.” A substance appearing on the list of chemicals described in section 313 of SARA (Title III, Public Law 99-499, 42 U.S.C. § 11023), as set forth at 40 CFR Part 372, or appearing on any successor list of chemicals set forth in the Code of Federal Regulations under the authority of section 313 of SARA, Title III.
“Unified judicial system.” The unified judicial system existing under section 1 of Article V of the Constitution of Pennsylvania.
“Vehicle.” Any truck, railroad car, water vessel, airplane or other transportation vehicle that ships, carries or transports a hazardous material on any highway, rail line or waterway within the jurisdictional boundaries of this Commonwealth.

Credits

1990, Dec. 7, P.L. 639, No. 165, § 103, effective in 60 days. Amended 2000, Dec. 20, P.L. 885, No. 121, § 1, effective in 60 days.

Footnotes

53 P.S. § 1-101 et seq. (repealed); see 53 Pa.C.S.A. § 2901 et seq.
42 U.S.C.A. § 11002.
42 U.S.C.A. § 9602.
35 P.S. § 6021.101 et seq.
35 P.S. § 6022.103, PA ST 35 P.S. § 6022.103
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document