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§ 6020.504. Cleanup standards

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. § 6020.504
§ 6020.504. Cleanup standards
Currentness
(a) General rule.--Final remedial responses under this act shall meet all standards, requirements, criteria or limitations which are legally applicable or relevant and appropriate under the circumstances presented by the release or threatened release of the hazardous substance or contaminant and shall be cost effective. Cleanup standards promulgated under this act shall be consistent with State standards permitted under section 121(d) of the Federal Superfund Act.1
(b) to (d) Repealed by 1995, May 19, P.L. 4, No. 2, § 908, effective in 60 days.
(e) Modification.--The department may waive or modify otherwise applicable requirements if any of the following apply:
(1) Compliance with a requirement at a site will result in greater risk to the public health and safety of the environment than alternative options.
(2) Compliance with a requirement at a site is technically infeasible from an engineering perspective.
(3) The remedial actions selected will attain a standard of performance that is equivalent to that required under the otherwise applicable requirement through use of another method or approach.
(4) The remedial action selected will not provide for cost-effective response.
(f) Fund money.--In addition to the provisions of subsection (e), if the response action is to be done using only fund money, the department may waive or modify requirements that might otherwise be applicable to a response at the site undertaken by a responsible person if the department determines the waiver or modification to be in the public interest.
(g) Permits.--No State or local permits shall be required for a response action conducted entirely on the site if prior written approval is obtained from the department.
(h) Review.--Any action taken by the department under subsection (d) or (e) shall be subject to judicial or administrative review only as provided in section 508.2

Credits

1988, Oct. 18, P.L. 756, No. 108, § 504, effective in 60 days. Affected 1995, May 19, P.L. 4, No. 2, § 908, effective in 60 days.

Footnotes

1
42 U.S.C.A. § 9621.
2
35 P.S. § 6020.508.
35 P.S. § 6020.504, PA ST 35 P.S. § 6020.504
Current through 2023 Regular Session Act 32. Some statute sections may be more current, see credits for details.
End of Document