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§ 6020.301. Powers and duties of department

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 3. Powers and Duties
35 P.S. § 6020.301
§ 6020.301. Powers and duties of department
The department has the following powers and duties:
(1) Develop, administer and enforce a program to provide for the investigation, assessment and cleanup of hazardous sites in this Commonwealth pursuant to the provisions of this act and regulations adopted under this act.
(2) Undertake activities necessary or proper to cooperate with and fully participate in the Federal Superfund Program, including serving as the agency of the Commonwealth for the receipt of moneys from the Federal Government or other public or private agencies.
(3) Develop, administer and enforce an independent State response program for the investigation, assessment and cleanup of hazardous sites and replacement of water supplies and the protection of the citizens and natural resources of this Commonwealth from the dangers of hazardous substances and contaminants that have been released or are threatened to be released into the environment.
(4) Cooperate with appropriate Federal, State, interstate and local government agencies in carrying out its duties under this act by, among other things, accepting an appropriate delegation or agency relationship from such an agency to facilitate the cleanup of hazardous sites in this Commonwealth.
(5) Administer the fund and any fund for hazardous waste facilities siting and expend money from the funds in accordance with this act.
(6) Administer and expend funds appropriated to the department or granted to the Commonwealth under the Federal Superfund Act1 or other authority for the protection of the public and the natural resources of this Commonwealth from releases of hazardous substances or contaminants.
(7) Promulgate the State standards and requirements applicable, relevant or appropriate for the cleanup of hazardous sites under this act and the Federal Superfund Act.
(8) Develop a program for public participation in the assessment of sites and selection of appropriate remedial responses.
(9) Issue orders to enforce provisions of this act and regulations promulgated under it.
(10) Institute, in a court of competent jurisdiction, proceedings to compel compliance with this act, regulations promulgated under it or an order of the department.
(11) Institute prosecutions under this act.
(12) Appoint advisory committees as the secretary deems necessary and proper to assist the department in carrying out this act. The secretary is authorized to pay reasonable and necessary expenses incurred by the members of advisory committees in carrying out their functions.
(13) Acquire special scientific and technical staff resources to provide specialized expertise in areas related to the evaluation of sites and selection of responses to advise the department regarding standards, technologies, risk assessments and other matters related to the cleanup of hazardous sites, the regulation of hazardous substances and contaminants, and the enforcement of this act.
(14) Act as trustee of this Commonwealth's natural resources. The department may assess and collect damages to natural resources for the purposes of this act and the Federal Superfund Act for those natural resources under its trusteeship.
(15) Provide for emergency response capability for spills, accidents and other releases of hazardous substances and contaminants.
(16) Implement section 27 of Article 1 of the Constitution of Pennsylvania.
(17) Do any and all other acts and things not inconsistent with any provision of this act which it may deem necessary or proper for the effective enforcement of this act and the regulations promulgated under it.

Credits

1988, Oct. 18, P.L. 756, No. 108, § 301, effective in 60 days.

Footnotes

42 U.S.C.A. § 9601 et seq.
35 P.S. § 6020.301, PA ST 35 P.S. § 6020.301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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