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§ 6020.507. Recovery of response costs

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. § 6020.507
§ 6020.507. Recovery of response costs
(a) General rule.--A responsible person under section 7011 or a person who causes a release or threat of a release of a hazardous substance or causes a public nuisance under this act or causes a release or a substantial threat of release of a contaminant which presents a substantial danger to the public health or safety or the environment, or causes a release of a nonhazardous substance pursuant to section 501(g)2 shall be liable for the response costs and for damages to natural resources. The department, a Commonwealth agency, or a municipality which undertakes to abate a public nuisance under this act or take a response action may recover those response costs and natural resource damages in an action in equity brought before a court of competent jurisdiction. In addition, the board is given jurisdiction over actions by the department to recover response costs and damages to natural resources.
(b) Amount.--In an action to recover response costs and natural resource damages, the department shall include administrative and legal costs incurred from its initial investigation up to the time that it recovers its costs. The amount attributable to administrative and legal costs shall be 10% of the amount paid for the response action or the actual costs, whichever is greater.
(c) Punitive damages.--Notwithstanding the provisions of section 709,3 a person who willfully fails to comply with an order of the department requiring a response action under section 505(c)(1)4 shall be liable for punitive damages in an amount which is at least equal to but not more than three times the costs recoverable under this section. A party shall not be liable for punitive damages when a court reviewing the order under section 5085 finds that the department's order was invalid as to that party.
(d) Effect of damages assessment.--A determination or assessment of damages to natural resources for the purposes of this act, the Federal Superfund Act, or section 311 of the Federal Water Pollution Control Act (62 Stat. 1155, 33 U.S.C. § 1321) made by the department or other trustee shall have the force and effect of a rebuttable presumption on behalf of the department or other trustee in an administrative or judicial proceeding under this act, the Federal Superfund Act or section 311 of the Federal Water Pollution Control Act.
(e) Civil penalty.--When the department files an action to recover its response costs and natural resources damage assessment, it may also seek civil penalties under section 1104.6 Its right to recover response costs, natural resource damages and civil penalties shall be upheld unless the liable person can demonstrate that the department acted arbitrarily and capriciously on the basis of the administrative record developed under section 5067 as permitted to be supplemented under section 508.
(f) Recycled oil.--
(1) When recycled oil is not mixed with any other hazardous substance and is stored, treated, transported and otherwise managed in compliance with regulations or standards promulgated under applicable State and Federal law relating to recycled oil, then all of the following apply:
(i) No person may recover from a service station operator, under section 702(a)(2) or (3),8 response costs or damages resulting from a release or threatened release of recycled oil.
(ii) Section 11029 does not apply against a service station operator other than a service station operator described in section 702(a)(1).
(2) For purposes of this subsection, a service station operator may presume that a small quantity of used oil is not mixed with other hazardous substances when it has been removed from the engine of a motor vehicle or appliance by the owner of the vehicle or appliance and is presented to the operator for collection, accumulation and delivery to an oil recycling facility.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 507, effective in 60 days.

Footnotes

35 P.S. § 6020.701.
35 P.S. § 6020.501.
35 P.S. § 6020.709.
35 P.S. § 6020.505.
35 P.S. § 6020.508.
35 P.S. § 6020.1104.
35 P.S. § 6020.506.
35 P.S. § 6020.702.
35 P.S. § 6020.1102.
35 P.S. § 6020.507, PA ST 35 P.S. § 6020.507
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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