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§ 6020.502. Priorities

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. § 6020.502
§ 6020.502. Priorities
(a) List.--
(1) The department shall publish in the Pennsylvania Bulletin a priority list of sites with releases or threatened releases for the purpose of taking remedial response. The department shall allow a 30-day public comment period subsequent to publication. In compiling the priority list, the department shall utilize the Uncontrolled Hazardous Waste Site Ranking System (40 CFR Part 300, App. A) established under the Federal Superfund Act which provides that sites shall be ranked according to the relative risk or danger to public health and welfare or the environment, taking into account, to the extent possible, the population at risk, the hazardous potential of the hazardous substances or contaminants at the sites, the potential for contamination of drinking water supplies, the potential for direct human contact, and the potential for destruction of sensitive ecosystems. The department shall also consider the maximum usage of available Federal funds for sites which qualify for the National Priority List and the administrative, enforcement and financial capabilities of the department. Remedial responses may be on-going at more than one site at any given time, regardless of the site's ranked position on the list.
(2) Any modification by the department in the Uncontrolled Hazardous Waste Site Ranking System shall be made only by regulation and shall be based upon the relative risk or danger to the public health and welfare or the environment, taking into account, to the extent possible, the population at risk, the hazardous potential of the hazardous substances or contaminants at the sites, the potential for contamination of drinking water supplies, the potential for direct human contact, the potential for destruction of sensitive ecosystems, the maximum usage of available Federal funds for sites which qualify for the National Priority List and the administrative, enforcement and financial capabilities of the department.
(b) Status.--The placement or removal of a site with a release or threatened release upon the priority list shall not be deemed to be a final action subject to review under Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure) or the act of July 13, 1988 (P.L. 530, No. 94), known as the Environmental Hearing Board Act,1 nor shall it confer a right or duty upon the department or any person, nor shall the placement of the site upon the priority list preclude any responsible person from undertaking a voluntary cleanup pursuant to this act.
(c) Listing.--One hundred twenty days prior to the placement of a site upon the priority list, the department shall notify the known responsible persons of the proposed listing. The site shall not be placed upon the list if a responsible person enters into a settlement with the department which provides for the abatement of the release or threatened release.
(d) Removal from list.--Once a site has been placed upon the list, it shall be removed upon the determination by the department that the responsible person has complied with the terms of the settlement and has initiated a cleanup.
(e) National Priority List.--
(1) No site which has been placed upon the National Priority List established pursuant to the Federal Superfund Act2 shall be included on the priority list of sites published by the department.
(2) The department may take a remedial response action on a site listed upon the National Priority List provided that:
(i) the department has an agreement with the Federal Government which assures that the site qualifies for response action funding under section 104(c) of the Federal Superfund Act;3 or
(ii) the department has attempted, but failed to secure an agreement with the Federal Government pursuant to section 104(c) of the Federal Superfund Act, the Federal Government has failed to act within a reasonable period of time to perform a remedial response action and the Federal Government does not have an agreement with a responsible person to initiate such action. The total State funding contribution in excess of the federally mandated State minimum under section 104(c) of the Federal Superfund Act for remedial response actions undertaken pursuant to this subparagraph shall not exceed $6,000,000 annually.
(3) Except as provided in paragraph (2), nothing in this section shall abrogate, limit or alter the powers and duties accorded to the Commonwealth under the Federal Superfund Act.
(f) Rights preserved.--Nothing in this act shall be interpreted to deprive any interested or aggrieved person of his inherent right to bring an action in mandamus to correct department actions under the standards currently recognized in Pennsylvania equity practice.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 502, effective in 60 days.

Footnotes

35 P.S. § 7511 et seq.
42 U.S.C.A. § 9601 et seq.
42 U.S.C.A. § 9604.
35 P.S. § 6020.502, PA ST 35 P.S. § 6020.502
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
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