§ 6022.206. Emergency notification requirements
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: February 20, 2001
Effective: February 20, 2001
35 P.S. § 6022.206
§ 6022.206. Emergency notification requirements
(a) Facility or transportation accident or incident.--Except as provided in subsection (e), the owner or operator of a facility that manufactures, produces, uses, imports, exports, stores, supplies or distributes any hazardous substance or extremely hazardous substance and the owner or operator of a vehicle that ships, transports or carries any hazardous substance or extremely hazardous substance to, within, through or across this Commonwealth shall immediately report the release of the substance which exceeds the reportable quantity and which extends beyond the property boundaries of the facility or which results from a transportation accident or incident to the appropriate Commonwealth and county emergency response office as follows:
(1) Two notifications shall be made by the owner or operator of a facility. The first call shall be to the 24-hour response telephone number of the county office designated and acting as the emergency response coordinator for the local committee, which may be known as the county emergency management office 24-hour response number. The second call shall be made to the PEMA 24-hour response number.
(2) Notification shall be made by the owner or operator of a vehicle by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator in order to notify the county emergency management office 24-hour response number within whose jurisdiction the transportation accident or incident has occurred, and reporting that a hazardous substance or an extremely hazardous substance release has occurred. The county emergency management office shall report any notification made under this subsection to the PEMA 24-hour response number within one hour of its receipt.
(2) The name of the person employed by the owner or operator of the facility or vehicle who has the authority or responsibility to supervise, conduct or perform any cleanup activities required at the facility or transportation accident site or to contract for the performance of any cleanup activities at the facility or transportation accident site.
(c) PEMA notice.--The notification to PEMA shall be made to the PEMA 24-hour response number. This notification shall contain the information required by subsection (b). The notice to PEMA shall fulfill the requirements in SARA, Title III, to notify the council and shall fulfill any requirements in other State laws to notify the Department of Environmental Protection about the same hazardous chemical spill or release. PEMA shall provide notice of the spill or release to the Department of Environmental Protection.
(d) Written report.--Within 14 calendar days after a release which required notice under this section, the owner or operator of a facility and the owner or operator of a vehicle shall provide a written follow-up report or reports if more information becomes available, to PEMA and the county emergency management office setting forth and updating the information required under subsection (b), and including additional information with respect to:
(1) The council shall, within one year of the effective date of this act, complete a study of current notification procedures to determine the feasibility of establishing a single notification center and simplified alternative notification processes for State agencies to receive notification of all emergencies involving hazardous or potentially hazardous substances or releases into the air or water or on the land. The council shall study the feasibility of replacing notification of individual State agencies with a single point of contact and simplified alternative notification procedures covering substances regulated by this act, by the act of June 22, 1937 (P.L. 1987, No. 394),1 known as The Clean Streams Law, the act of January 8, 1960 (1959 P.L. 2119, No. 787),2 known as the Air Pollution Control Act, the act of July 7, 1980 (P.L. 380, No. 97),3 known as the Solid Waste Management Act, the act of October 18, 1988 ( P.L. 756, No. 108),4 known as the Hazardous Sites Cleanup Act, the act of July 6, 1989 (P.L. 169, No. 32),5 known as the Storage Tank and Spill Prevention Act, or by any other State statute requiring notification of any State agency of spills and releases into the environment. The study shall consider any impact a single point of contact and alternative notification procedures may have on the regulated community, any enforcement programs within the Department of Environmental Protection or other agencies and notification requirements established in Federal law and make specific recommendations for implementing its findings, including recommended changes to State law. The Hazardous Material Emergency Planning and Response Advisory Committee shall be involved in the development of the study.
Credits
1990, Dec. 7, P.L. 639, No. 165, § 206, effective in 60 days. Amended 2000, Dec. 20, P.L. 885, No. 121, § 1, effective in 60 days.
Footnotes
35 P.S. § 691.1 et seq.
35 P.S. § 4001 et seq.
35 P.S. § 6018.101 et seq.
35 P.S. § 6020.101 et seq.
35 P.S. § 6021.101 et seq.
35 P.S. § 6022.206, PA ST 35 P.S. § 6022.206
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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