1. "STORAGE TANK & SPILL PREVENTION ACT"

 
"STORAGE TANK & SPILL PREVENTION ACT"
Act of 1989, P.L. 169, No. 32
AN ACT
Providing for the regulation of storage tanks and tank
facilities; imposing additional powers and duties on the
Department of Environmental Protection and the Environmental
Quality Board; and making an appropriation. (Title amended
Jan. 30, 1998, P.L.46, No.13)
TABLE OF CONTENTS
Chapter 1. General Provisions
Section 101.
Short title.
Section 102.
Legislative findings.
Section 103.
Definitions.
Section 104.
API.
Section 105.
Advisory committee.
Section 106.
Powers and duties of Environmental Quality Board.
Section 107.
Powers and duties of department.
Section 108.
Interim certification of installers and
inspectors.
Section 109.
Construction.
Section 110.
Applicability of certain provisions to the
Commonwealth.
Chapter 3. Aboveground Storage Tanks
Section 301.
Aboveground storage tank requirements.
Section 302.
Interim requirements.
Section 303.
Registration.
Section 304.
Permits and plans.
Section 305.
Fire protection requirements.
Section 306.
Dispensing of Class II motor fuels to certain
customers.
Chapter 5. Underground Storage Tanks
Section 501.
Underground storage tank requirements.
Section 502.
Interim requirements and discontinued use.
Section 503.
Registration.
Section 504.
Permits and plans.
Section 505.
Commercial heating oil storage tanks.
Section 506.
Small operator assistance program for underground
storage tanks.
Section 507.
Reimbursement for testing.
Chapter 7. Financial Provisions
Section 701.
Financial responsibility.
Section 702.
Storage Tank Fund.
Section 703.
Underground Storage Tank Indemnification Board.
Section 704.
Underground Storage Tank Indemnification Fund.
Section 705.
Powers and duties of Underground Storage Tank
Indemnification Board.
Section 706.
Eligibility of claimants.
Section 707.
Audit.

Section 708.
Performance review.
Section 709.
Loan fund. (Repealed)
Section 710.
Underground Storage Tank Environmental Cleanup
Program.
Section 711.
Underground Storage Tank Pollution Prevention
Program.
Section 712.
Upgrade Loan Program.
Chapter 9. Spill Prevention Response Plan
Section 901.
Submission of spill prevention response plan.
Section 902.
Content of spill prevention response plan.
Section 903.
Review of spill prevention response plan.
Section 904.
Notification.
Chapter 11. Siting of New Aboveground Storage Tank Facility
and Regulations
Section 1101.
Notification.
Section 1102.
Siting regulations.
Chapter 13. Enforcement
Section 1301.
Withholding permit.
Section 1302.
Responsibilities of owners and operators.
Section 1303.
Protection of water supplies.
Section 1304.
Public nuisances.
Section 1305.
Suits to abate nuisances and restrain
violations.
Section 1306.
Criminal penalties.
Section 1307.
Civil penalties.
Section 1308.
Proceedings where waters are polluted from many
sources.
Section 1309.
Enforcement orders.
Section 1310.
Unlawful conduct.
Section 1311.
Presumption.
Section 1312.
Existing rights and remedies preserved.
Section 1313.
Appealable actions.
Section 1314.
Limitation on action.
Section 1315.
Collection of fines and penalties.
Chapter 21. Miscellaneous Provisions
Section 2101.
Start-up costs.
Section 2102.
Saved from repeal.
Section 2103.
Severability.
Section 2104.
Repeals.
Section 2105.
Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
GENERAL PROVISIONS
Section 101. Short title.

This act shall be known and may be cited as the Storage Tank
and Spill Prevention Act.
Section 102. Legislative findings.
(a) Findings enumerated.--The General Assembly of the
Commonwealth finds and declares that:
(1) The lands and waters of this Commonwealth constitute
a unique and irreplaceable resource from which the well-being
of the public health and economic vitality of this
Commonwealth is assured.
(2) These resources have been contaminated by releases
and ruptures of regulated substances from both active and
abandoned storage tanks.
(3) Once contaminated, the quality of the affected
resources may not be completely restored to their original
state.
(4) When remedial action is required or undertaken, the
cost is extremely high.
(5) Contamination of groundwater supplies caused by
releases from storage tanks constitutes a grave threat to the
health of affected residents.
(6) Contamination of these resources must be prevented
through improved safeguards on the installation and
construction of storage tanks.
(b) Declaration.--The General Assembly declares these
storage tank releases to be a threat to the public health and
safety of this Commonwealth and hereby exercises the power of
the Commonwealth to prevent the occurrence of these releases
through the establishment of a regulatory scheme for the storage
of regulated substances in new and existing storage tanks and to
provide liability for damages sustained within this Commonwealth
as a result of a release and to require prompt cleanup and
removal of such pollution and released regulated substance.
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Aboveground storage tank." Any one or combination of
stationary tanks with a capacity in excess of 250 gallons,
including underground pipes and dispensing systems connected
thereto within the emergency containment area, which is or was
used to contain an accumulation of regulated substances, and the
volume of which, including the volume of all piping within the
storage tank facility, is greater than 90% above the surface of
the ground. The term includes any tank which can be visually
inspected, from the exterior, in an underground area. The term
shall not include any of the following:
(1) A tank of 1,100 gallons or less capacity used for
storing motor fuel for noncommercial purposes or motor oil.
(2) A tank used for storing heating oil for consumptive
use on the premises where stored.
(3) A pipeline facility, including gathering lines,
regulated under:
(i) the Natural Gas Pipeline Safety Act of 1968
(Public Law 90-481, 82 Stat. 720, 49 U.S.C. App. § 1671
et seq.);
(ii) the Hazardous Liquid Pipeline Safety Act of
1979 (Public Law 96-129, 93 Stat. 989, 49 U.S.C. § 2001

et seq.); or
(iii) an interstate or intrastate pipeline facility
regulated under State laws comparable to the provisions
of law referred to in subparagraph (i) or (ii).
(4) A surface impoundment, pit, pond or lagoon.
(5) A storm water or wastewater collection system.
(6) A flow-through process tank, including, but not
limited to, a pressure vessel or process vessel and oil and
water separators.
(7) A nonstationary tank liquid trap or associated
gathering lines directly related to oil and gas production or
gathering operations.
(8) Tanks which are used to store brines, crude oil,
drilling or frac fluids and similar substances or materials
and are directly related to the exploration, development or
production of crude oil or natural gas regulated under the
act of December 19, 1984 (P.L.1140, No.223), known as the Oil
and Gas Act.
(9) Tanks regulated under the act of May 31, 1945
(P.L.1198, No.418), known as the Surface Mining Conservation
and Reclamation Act.
(10) Tanks used for the storage of products which are
regulated pursuant to the Federal Food, Drug, and Cosmetic
Act (52 Stat. 1040, 21 U.S.C. § 301 et seq.).
(11) Tanks regulated pursuant to the act of July 7, 1980
(P.L.380, No.97), known as the Solid Waste Management Act,
including, but not limited to, piping, tanks, collection and
treatment systems used for leachate, methane gas and methane
gas condensate management.
(12) A tank of 1,100 gallons or less in capacity located
on a farm used solely to store or contain substances that are
used to facilitate the production of crops, livestock and
livestock products on such farm.
(13) Tanks which are used to store propane gas.
(14) Any other tank excluded by regulations promulgated
pursuant to this act.
The term shall not include any pipes connected to any tank
described in paragraphs (1) through (13).
(Def. amended May 10, 1996, P.L.171, No.34)
"Cathodic protection." A technique to prevent corrosion of a
metal surface by making that surface the cathode of an
electrochemical cell.
"Certified inspector." A person certified by the department
to conduct environmental audits and inspections of tanks or tank
facilities. A certified inspector shall not be an employee of a
tank owner.
"Certified installer." A person certified by the department
to install, erect, construct, modify or remove storage tanks. A
certified installer may be an employee of a tank owner.
"Commercial heating oil storage tank." (Def. deleted by
amendment June 26, 1995, P.L.79, No.16)
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980." Public Law 96-510, 94 Stat. 2767.
"Corrective action." The term shall include the following:
(1) Containing, assessing or investigating a release.
(2) Removing a release or any material affected by a
release.

(3) Taking measures to prevent, mitigate, abate or
remedy releases, pollution and potential for pollution,
nuisances and damages to the public health, safety or
welfare, including, but not limited to, waters of this
Commonwealth, including surface water and groundwater, public
and private property, shorelines, beaches, water columns and
bottom sediments, soils and other affected property,
including wildlife and other natural resources.
(4) Taking actions to prevent, abate, mitigate or
respond to a violation of this act that threatens public
health or the environment.
(5) Temporarily or permanently relocating residents,
providing alternative water supplies or undertaking an
exposure assessment.
(6) Does not include the cost of routine inspections,
routine investigations and permit activities not associated
with a release.
"Department." The Department of Environmental Resources of
the Commonwealth.
"Environmental Hearing Board." The board established
pursuant to the act of July 13, 1988 (P.L.530, No.94), known as
the Environmental Hearing Board Act.
"Environmental media." Soil, sediment, surface water,
groundwater, bedrock and air. (Def. added Dec. 17, 2001,
P.L.912, No.104)
"Environmental Quality Board." The board established
pursuant to section 1920-A of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, for the
purposes set forth in that section.
"Exposure assessment." An assessment to determine the extent
of exposure of, or potential for exposure of, individuals, the
biological community and all other natural resources to releases
from a storage tank based on, but not limited to, such factors
as the nature and extent of contamination and the existence of
or potential for pathways of human exposure (including
groundwater or surface water contamination, air emissions, soil
contamination and food chain contamination), the size of the
community within the likely pathways of exposure and the
comparison of expected human exposure levels to the short-term
and long-term health effects associated with identified
contaminants.
"Farm." Land used for the production for commercial purposes
of crops, livestock and livestock products, including the
processing or retail marketing of such crops, livestock or
livestock products if more than 50% of such processed or
merchandised products are produced by the farm operator. "Crops,
livestock and livestock products" include, but are not limited
to:
(1) Field crops, including corn, wheat, oats, rye,
barley, hay, potatoes and dry beans.
(2) Fruits, including apples, peaches, grapes, cherries
and berries.
(3) Vegetables, including tomatoes, snap beans, cabbage,
carrots, beets, onions and mushrooms.
(4) Horticultural specialties, including nursery stock,
ornamental shrubs, ornamental trees and flowers.
(5) Livestock and livestock products, including cattle,

sheep, hogs, goats, horses, poultry, furbearing animals,
milk, eggs and furs.
(6) Aquatic plants and animals and their by-products.
"Hazardous Liquid Pipeline Safety Act of 1979." Public Law
96-129, 93 Stat. 989, 49 U.S.C. § 2001 et seq.
"Monitoring system." A system capable of detecting releases
in connection with an aboveground or underground storage tank.
"Natural Gas Pipeline Safety Act of 1968." Public Law 90-
481, 82 Stat. 720, 49 U.S.C. App. § 1671 et seq.
"Operator." Any person who manages, supervises, alters,
controls or has responsibility for the operation of a storage
tank.
"Owner."
(1) In the case of a storage tank in use on the
effective date of this act, or brought into use after that
date, any person who owns or has an ownership interest in a
storage tank used for the storage, containment, use or
dispensing of regulated substances.
(2) In the case of an aboveground storage tank in use
before the effective date of this act, but no longer in use
on the effective date of this act, any person who owned the
aboveground tank immediately before the discontinuance of its
use, as well as any person who meets the definition of
"owner" in paragraph (1).
(3) In the case of an underground storage tank, the
owner of an underground storage tank holding regulated
substances on or after November 8, 1984, and the owner of an
underground storage tank at the time all regulated substances
were removed when removal occurred prior to November 8, 1984.
"Person." Any individual, partnership, corporation,
association, joint venture, consortium, institution, trust,
firm, joint-stock company, cooperative enterprise, municipality,
municipal authority, Federal Government or agency, Commonwealth
department, agency, board, commission or authority, or any other
legal entity whatsoever which is recognized by law as the
subject of rights and duties. In any provisions of this act
prescribing a fine, imprisonment or penalty, or any combination
of the foregoing, the term "person" shall include the officers
and directors of any corporation or other legal entity having
officers and directors.
"Pressure vessel." A vessel used in industrial processes
designed to withstand pressures above 15 psig.
"Process vessel." A vessel in industrial or commercial
operation in which, during use, there is a mechanical, physical
or chemical change of the contained substances taking place. The
industrial or commercial process may include, but is not limited
to, mixing, separating, chemically altering, dehydrating,
extracting, refining or polishing of the substances in the tank.
The term does not include tanks used only to store substances
prior to sale or to store feedstock prior to additional
processing.
"Regulated substance." An element, compound, mixture,
solution or substance that, when released into the environment,
may present substantial danger to the public health, welfare or
the environment which is:
(1) any substance defined as a hazardous substance in
section 101(14) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (Public Law 96-510,
94 Stat. 2767), but not including any substance regulated as
a hazardous waste under Subtitle C of the Resource
Conservation and Recovery Act of 1976 (Public Law 94-580, 42
U.S.C. § 6901 et seq.);
(2) petroleum, including crude oil or any fraction
thereof and hydrocarbons which are liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit
and 14.7 pounds per square inch absolute), including, but not
limited to, oil, petroleum, fuel oil, oil sludge, oil refuse,
oil mixed with other nonhazardous wastes and crude oils,
gasoline and kerosene; or
(3) any other substance determined by the department by
regulation whose containment, storage, use or dispensing may
present a hazard to the public health and safety or the
environment, but not including gaseous substances used
exclusively for the administration of medical care.
The term does not include the storage or use of animal waste in
normal agricultural practices.
"Release." Any spilling, leaking, emitting, discharging,
escaping, leaching or disposing from a storage tank into surface
waters and groundwaters of this Commonwealth or soils or
subsurface soils in an amount equal to or greater than the
reportable released quantity determined under section 102 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, and regulations promulgated thereunder,
or an amount equal to or greater than a discharge as defined in
section 311 of the Federal Water Pollution Control Act (62 Stat.
1155, 33 U.S.C. § 1321) and regulations promulgated thereunder.
The term shall also include spilling, leaking, emitting,
discharging, escaping, leaching or disposing from a storage tank
into a containment structure or facility that poses an immediate
threat of contamination of the soils, subsurface soils, surface
water or groundwater.
"Resource Conservation and Recovery Act of 1976." Public Law
94-580, 42 U.S.C. § 6901 et seq.
"Secondary containment." An additional layer of impervious
material creating a space in which a release of a regulated
substance from a storage tank may be detected before it enters
the environment.
"Secretary." The Secretary of Environmental Resources of the
Commonwealth.
"Small aboveground storage tank." Any aboveground storage
tank having a capacity equal to or less than 21,000 gallons.
"Spill prevention response plan." Emergency plans and
procedures developed by an aboveground storage tank or tank
facility owner and/or operator for response to an accident or
spill on the facility by facility personnel or contractors.
"Stationary tank." Any aboveground storage tank that is
permanently affixed to the real property on which such tank is
located.
"Storage tank." Any aboveground or underground storage tank
which is used for the storage of any regulated substance.
"Storage tank facility." One or more stationary tanks,
including any associated intrafacility pipelines, fixtures,
monitoring devices and other equipment. A facility may include
aboveground tanks, underground tanks or a combination of both.

For the purposes of this act, the associated intrafacility
pipelines, fixtures, monitoring devices and other equipment for
an aboveground storage tank shall be that which lies within the
emergency containment area. (Def. amended May 10, 1996, P.L.171,
No.34)
"Substantial modification." An activity to construct,
refurbish, restore or remove from service an existing storage
tank piping or storage tank facility which alters the physical
construction or integrity of the tank or tank facility.
"Underground storage tank." Any one or combination of tanks
(including underground pipes connected thereto) which are used
to contain an accumulation of regulated substances, and the
volume of which (including the volume of the underground pipes
connected thereto) is 10% or more beneath the surface of the
ground. The term shall not include:
(1) Farm or residential tanks of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial
purposes.
(2) Tanks used for storing heating oil for consumptive
use on the premises where stored unless they are specifically
required to be regulated by Federal law.
(3) A septic or other subsurface sewage treatment tank.
(4) A pipeline facility (including gathering lines)
regulated under:
(i) The Natural Gas Pipeline Safety Act of 1968
(Public Law 90-481, 82 Stat. 720, 49 U.S.C. App. § 1671
et seq.).
(ii) The Hazardous Liquid Pipeline Safety Act of
1979 (Public Law 96-129, 93 Stat. 989, 49 U.S.C. § 2001
et seq.).
(5) An interstate or intrastate pipeline facility
regulated under State laws comparable to the provisions of
law in paragraph (4).
(6) Surface impoundments, pits, ponds or lagoons.
(7) Storm water or wastewater collection systems.
(8) Flow-through process tanks.
(9) Liquid traps or associated gathering lines directly
related to oil or gas production and gathering operations.
(10) Storage tanks situated in an underground area
(such as a basement, cellar, mine working, drift, shaft or
tunnel) if the tank is situated upon or above the surface of
the floor.
(11) Except for tanks subject to the requirements of 40
CFR 280 (relating to technical standards and corrective
action requirements for owners and operators of underground
storage tanks (UST)), tanks regulated pursuant to the act of
July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act, including, but not limited to, piping, tanks,
collection and treatment systems used for leachate, methane
gas and methane gas condensate management.
(12) Any underground storage tank system whose capacity
is 110 gallons or less.
(13) Any other tank excluded by policy or regulations
promulgated pursuant to this act.
(Def. amended May 10, 1996, P.L.171, No.34)
Compiler's Note:
The Department of Environmental Resources,

referred to in the def. of "department," was abolished by
Act 18 of 1995. Its functions were transferred to the
Department of Conservation and Natural Resources and the
Department of Environmental Protection.
Compiler's Note:
The Secretary of Environmental Resources,
referred to in the def. of "secretary," was abolished by
Act 18 of 1995. The functions of the secretary were
transferred to the Secretary of Conservation and Natural
Resources and the Secretary of Environmental Protection.
Section 104. API.
A reference in this act to a document published by API is a
reference to the appropriate technical publication, including
appendices, of the American Petroleum Institute.
Section 105. Advisory committee.
(a) Appointment, composition, etc.--A storage tank advisory
committee shall be appointed by the secretary within 30 days
after the effective date of this act. The committee shall
consist of no more than 17 members. Four members shall be
representatives of local government, six members shall be
representatives of the regulated community, one member shall be
a registered professional engineer with three years of
experience in this Commonwealth, one member shall be a
hydrogeologist, four members shall be representatives of the
public and one member shall be an active commercial farm owner
or operator nominated by Statewide general farm organizations.
Members shall serve without compensation other than
reimbursement for reasonable and necessary expenses in
accordance with Commonwealth policy or regulations and shall
serve for terms fixed by the secretary. The six representatives
from the regulated community shall be appointed by the
secretary, one each from a list of three nominees provided by
the following:
(1) The Associated Petroleum Industries of Pennsylvania.
(2) The Pennsylvania Petroleum Association.
(3) The Service Station Dealers and Automotive Repair
Association of Pennsylvania and Delaware and the Petroleum
Retailers and Auto Repair Association, Inc.
(4) The Pennsylvania Chemical Industry Council.
(5) Tank Installers of Pennsylvania.
(6) The Middle Atlantic Truck Stop Operators.
((a) amended June 26, 1995, P.L.79, No.16)
(b) Review of regulations.--The department shall consult
with the advisory committee in the formulation, drafting and
presentation of all regulations promulgated under this act. The
advisory committee shall be given a reasonable opportunity to
review and comment on all regulations prior to their submission
to the Environmental Quality Board for consideration. The
written report of the committee shall be presented to the
Environmental Quality Board with any regulatory proposal. The
chairman of the committee shall be invited to participate in the
presentation of all regulations before the Environmental Quality
Board. Nothing herein shall preclude any member of the committee
from filing a petition for rulemaking with the Environmental
Quality Board in accordance with procedures established by the
Environmental Quality Board.
Compiler's Note:
Section 502(c) of Act 18 of 1995, which

created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,
provided that the Environmental Quality Board shall have
the powers and duties currently vested in it, except as
vested in the Department of Conservation and Natural
Resources by Act 18 of 1995, which powers and duties
include those set forth in section 105.
Section 106. Powers and duties of Environmental Quality Board.
The Environmental Quality Board shall have the power and its
duty shall be to adopt rules and regulations of the department
governing aboveground and underground storage tanks to
accomplish the purposes and carry out the provisions of this
act.
Compiler's Note:
Section 502(c) of Act 18 of 1995, which
created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,
provided that the Environmental Quality Board shall have
the powers and duties currently vested in it, except as
vested in the Department of Conservation and Natural
Resources by Act 18 of 1995, which powers and duties
include those set forth in section 105.
Section 107. Powers and duties of department.
(a) Cooperative agreements.--The department is authorized to
enter into agreements, contracts or cooperative arrangements
under such terms and conditions as may be deemed appropriate,
with other State agencies, Federal agencies, and cities and
counties of the first and second class to delegate any or all of
its regulatory authority to permit, inspect, monitor and enforce
this act and the underground and aboveground storage tank
programs, provided that the counties and cities of the first and
second class have a storage tank program in effect that is at
least as stringent as this act.
(b) Compliance policy and procedure.--The department shall
develop and implement policies, procedures and forms as may be
necessary and appropriate in order to administer and obtain
compliance with this act, or the rules and regulations
promulgated pursuant to this act, and permits issued hereunder.
(c) Production of materials, recordkeeping requirements and
rights of entry.--
(1) The department, its agents and employees are
authorized to require any person regulated by this act to
establish and maintain such records and make such reports and
furnish such information as the department may prescribe
regarding any matter regulated by this act.
(2) The department is authorized to make such
inspections, conduct such tests or sampling, or examine or
require production of books, papers and records, and physical
evidence pertinent to any matter under investigation pursuant
to this act as it deems necessary to determine compliance
with this act and, for this purpose, the duly authorized
agents and employees of the department are authorized to
enter and examine any property, facility, operation or
activity governed by this act, upon presentation of
appropriate credentials, without prior notice at all

reasonable times, during regular business hours of the
operation and times when activity is being conducted at the
site.
(3) The owner, operator or other person in charge of
such property, facility, operation or activity, upon
presentation of proper identification and purpose for
inspection by the agents or employees of the department,
shall give such agents and employees free and unrestricted
entry and access and, upon refusal to grant such entry or
access, the agent or employee may obtain a search warrant or
other suitable order for the purposes of inspecting,
examining and seizing any property, building, premises,
place, book, record or other physical evidence, and for the
purposes of conducting tests and taking samples. Such
warrants shall be issued upon probable cause. It shall be
sufficient probable cause to show any one of the following:
(i) The inspection, examination, test or sampling is
pursuant to a general administrative plan to determine
compliance with this act.
(ii) The agent or employee has reason to believe
that a violation of this act has occurred or is likely to
occur.
(iii) The agent or employee has been refused access
to the property, building, premises, place, book, record
or other physical evidence on sites or pertaining to
matters governed by this act or has been prevented from
conducting tests or obtaining physical evidence which
activities are necessary to determine compliance or to
respond to a violation of this act.
(iv) The object of the investigation is subject to
regulation under this act and access, examination,
inspection or testing is necessary to enforce the
provisions of this act.
(d) Certification program.--The department shall have the
authority to establish, by regulation, a certification and
licensing program for installers and inspectors of storage tanks
and storage tank facilities, including procedures for the
suspension and revocation of certifications.
(e) Revocation.--The department shall have the power to
revoke any permit, certification or registration provided for in
this act for any violation of this act or the regulations
promulgated hereunder.
(f) Enforcement.--The department shall have the authority to
issue orders, assess civil penalties, institute enforcement
proceedings and prosecute violations of this act as deemed by
the department to be necessary and appropriate.
(g) Corrective action.--The department shall have the
authority to order corrective action to be undertaken, to take
corrective action or to authorize a third party to take
corrective action.
(h) Cost recovery.--The department shall have the authority
to recover the costs of taking or authorizing third parties to
take corrective action. Cost recovery shall not include the cost
of routine inspection and permitting activities not associated
with a release.
Section 108. Interim certification of installers and
inspectors.

(a) Certification.--Until such time as the department adopts
regulations for the certification of installers and inspectors
of storage tanks, any person may be certified by the department
on an interim basis by complying with all of the following:
(1) The person must file a complete application for an
interim certification with the department, with the
appropriate required information.
(2) The person must demonstrate that he or she has been
successfully trained by the manufacturer in the installation
of all the equipment, devices and other related products used
in the installation of a storage tank facility and/or has
equivalent expertise through education.
(3) The person has successfully completed a formalized
training program conducted by the manufacturer for all
installers and inspectors.
(4) The person demonstrates that all installations of
storage tanks and related equipment are installed according
to the manufacturer's technical specifications and manuals.
(5) The person maintains all applicable technical
specifications and manuals which govern the installation and
operation of tank facilities. The person shall make this
information available to the department upon request.
(6) The person files completed documentation with the
department for all certified installations and inspections of
tank facilities attesting to compliance with requirements of
the act.
(7) The person reports to the department the extent of
visible contamination from regulated substances at the site
of the tank installation, on a form provided by the
department.
(b) Revocation, suspension, etc.--The department may revoke
or suspend interim installer or inspector certification for good
cause, which shall include, but not be limited to:
(1) The installation of a tank and related equipment is
not in accordance with all applicable technical
specifications and procedures of the manufacturer.
(2) The installation has presented or does present a
fire safety hazard, pollution, threat of pollution, or hazard
to the public health, safety and welfare.
(3) The certified installer or inspector has falsified
information in subsection (a) or has failed to comply with
the requirements of subsection (a).
(4) The certified inspector has failed to identify or
report any condition or procedure:
(i) That is not in accordance with the
manufacturer's technical and procedural specifications
for the installation, construction or operation of a tank
or tank facility.
(ii) That is not in accordance with the provisions
of this act and any regulations adopted pursuant to this
act.
(iii) That presents a pollution, threat of
pollution, or harm to the public health, safety and
welfare.
(c) Guidelines.--The department shall develop the interim
certification program which shall expire 24 months after the
effective date of this act.

Section 109. Construction.
This act and the regulations promulgated under this act shall
be liberally construed in order to fully protect the public
health, welfare and safety of the residents of this
Commonwealth.
Section 110. Applicability of certain provisions to the
Commonwealth.
A Commonwealth department, agency, board, commission or
authority shall not be required to participate in the
Underground Storage Tank Indemnification Fund or to pay
registration or permit fees required under this act, until and
unless regulations are promulgated that direct otherwise.
CHAPTER 3
ABOVEGROUND STORAGE TANKS
Section 301. Aboveground storage tank requirements.
(a) Minimum program requirements.--The department shall, by
regulation, adopt and implement an aboveground storage tank
program that, at a minimum, requires all of the following:
(1) The payment of an annual registration fee to the
department by aboveground storage tank owners.
(2) Methods and procedures for the operation of
aboveground storage tanks and the early detection, by owners,
of releases or potential releases, including testing on new
or substantially modified aboveground storage tanks and out-
of-service inspection at least once every twenty years or
more frequently in accordance with nationally recognized
standards, provided that new or existing aboveground storage
tanks have an in-service inspection in accordance with API or
other nationally recognized standards by a Pennsylvania
certified inspector at least every five years as well as
monthly maintenance inspections by the owner/operator or his
designated representative. Testing of aboveground storage
tanks after initial installation may be by hydrostatic means
or, in instances where wastewater would be generated or
materials stored in the tank might be water reactive, other
methods of testing such as the radioactive method, the
magnetic particle method, the ultrasonic method or the liquid
penetrant method, in accordance with API standards, may be
used. A new aboveground storage tank not exceeding 21,000
gallon capacity may meet the initial testing requirements if
the tank is fully assembled, inspected and tested at the
plant where it is manufactured. ((2) amended May 10, 1996,
P.L.171, No.34)
(3) Methods and procedures for inventory control
measures by owners and operators, if appropriate.
(4) The periodic inspection of the leak detection
systems, the structural integrity of the aboveground storage
tank and associated equipment, and release prevention
measures.
(5) Corrective actions, by owners, operators, landowners
and occupiers, or other responsible parties, on an emergency
basis if necessary, in response to a release from an
aboveground storage tank.
(6) The reporting, by the owner or operator, of any
release and corrective action taken in response to a release

from an aboveground storage tank.
(7) The maintenance of records, by owners and operators,
of periodic inspections of the leak detection systems,
inspections of structural integrity of the aboveground
storage tank and associated equipment, and all release
prevention measures.
(8) Minimum standards for the construction, testing,
corrosion protection, operation, release prevention, and
repair and reuse of aboveground storage tanks.
(9) A permit, by rule, for certain classifications of
aboveground storage tanks, including small aboveground
storage tanks.
(10) Methods and procedures for the removal of
aboveground storage tanks from service by the owner and
operator.
(11) Requirements for reporting, by the owner or
operator, of the intended and completed closure of any
aboveground storage tank.
(b) Tank classification.--The department shall have the
authority to establish classes and categories of aboveground
storage tanks by regulation, which classes may be regulated in
consideration of, among other factors, size, intended use,
contents and potential risk of harm to public health and the
environment.
(c) Certified installer and inspector program.--
(1) The department shall establish, by regulation, a
certification program for installers and inspectors of
aboveground storage tanks, including qualification standards,
procedures for training and testing, and procedures for
revocation and suspension of such certificates. All
department employees administering this program shall be
deemed certified while in the employment of the department.
(2) Aboveground storage tanks shall only be installed by
a certified installer as provided by regulations of the
department.
(3) Aboveground storage tanks, as deemed necessary by
the department, shall be inspected by a certified inspector
prior to permitting and facility operation and at a frequency
thereafter established by the department.
(d) Requirements for small aboveground storage tanks.--The
department shall develop a simplified program to regulate small
aboveground storage tanks. The program shall include, but not be
limited to:
(1) Testing requirements for new and substantially
modified small aboveground storage tanks, except as provided
in subsection (a)(2).
(2) Performance and design standards consistent with the
manufacturer's specifications for small aboveground storage
tanks.
(3) Monitoring standards consistent with the
manufacturer's specifications for a small aboveground storage
tank.
(4) Requirements for closure.
(5) Recordkeeping requirements.
(6) Inspection requirements for existing small
aboveground storage tanks.
Section 302. Interim requirements.

(a) Registration fees and requirements.--
(1) Until alternative fees are established by the
department by regulation, annual registration fees to be paid
by owners of aboveground storage tanks are hereby established
as follows:
(i) Three hundred dollars for each aboveground
storage tank with a capacity of more than 50,000 gallons.
(ii) One hundred twenty-five dollars for each
aboveground storage tank with a capacity of more than
5,000 gallons and less than or equal to 50,000 gallons.
(iii) Fifty dollars for each aboveground storage
tank with a capacity of up to or equal to 5,000 gallons.
(2) The owner of any aboveground storage tank with a
capacity greater than 5,000 gallons shall, along with the
registration fee, submit to the department all information
required on the data plate required by section 8.1 of API 650
Large Welded Storage Tanks (Atmospheric) and such other
information as is required by the department.
(b) Interim installation requirements.--
(1) Until such time as the department adopts
installation requirements by regulation, no person shall
install a new or reconstructed aboveground storage tank or
make a substantial modification to an aboveground storage
tank unless the tank meets the applicable technical standards
for the specific type and class of tank as set forth in the
applicable Underwriters Laboratory Standards No. 142 and by
the American Petroleum Institute in each of the following
(including any appendices):
(i) API-12B - Bolted Tanks for Storage of Production
Liquids.
(ii) API-12D - Field Welded Tanks for Storage of
Production Liquids.
(iii) API-12F - Shop Welded Tanks for Storage of
Production Liquids.
(iv) API-12H - New Bottoms for Old Tanks.
(v) API-12P - Fiberglass Tanks for Storage of
Production Liquids.
(vi) API-620 - Large Welded Low Pressure Storage
Tanks.
(vii) API-650 - Large Welded Storage Tanks
(Atmospheric).
(viii) API-RP 2000 - Guide for venting atmospheric
and low pressure storage tanks.
(2) Unless modified by the rules and regulations of the
department, the owner, subject to paragraph (1), shall, along
with the registration form required by this act, submit a
certification by a registered professional engineer qualified
in tank construction that the requirements of paragraph (1)
have been met.
Section 303. Registration.
(a) Registration requirements.--Every owner of an
aboveground storage tank, except as specifically excluded by
policy or regulation of the department, shall register each
aboveground storage tank by completing and submitting the form
provided by the department and by paying the yearly registration
fee prescribed by the department for each aboveground storage
tank. It shall be unlawful for any owner or operator to operate

or use, in any way, any aboveground storage tank that has not
been currently registered as required by this section.
(b) Prohibitions.--After 12 months from the effective date
of this act, it shall be unlawful to sell, distribute, deposit
or fill an aboveground storage tank with any regulated substance
unless the aboveground storage tank is registered as required by
this section. Any person who, on or after the effective date of
this subsection, knowingly sells, distributes, deposits or fills
any aboveground storage tank in violation of this subsection
prior to the discovery of a release shall be liable for any
release from the aboveground storage tank, in addition to the
remedies provided in section 1302. Within 12 months of the
effective date of this act, the department shall have available
for the general public an easily distinguishable visual system,
such as a sticker, to identify tanks with a current registration
as part of enforcement by the department.
(c) Use of registration fees.--Registration fees collected
by the department shall be used to fund the development and
operation of the storage tank programs established by this act.
(d) Initial registration.-- Within six months of the
effective date of this act, all owners of aboveground storage
tanks shall meet the registration requirements and pay the
registration fee required by this act.
Section 304. Permits and plans.
(a) Permit requirements.--No person shall install,
construct, erect, modify, operate or remove from service all or
part of an aboveground storage tank facility unless such
installation, construction, modification, operation or removal
from service is authorized by rules and regulations of the
department or the person has first obtained a permit from the
department using the prescribed forms and procedures of the
department.
(b) Application.--Applications for permits shall be
submitted in writing to the department in such form and with
such accompanying data as shall be prescribed by the department.
(c) Fee.--Each application for a newly installed,
constructed or erected aboveground tank shall be accompanied by
a fee of $20 per whole 10,000 gallon units of storage capacity.
This fee may be modified by regulation. The department shall
develop by regulation a schedule of fees for permit amendments
and modifications and for those aboveground tanks being
repermitted.
(d) Prior permits.--Any person who has obtained a permit for
the aboveground storage tank facility prior to the effective
date of this act, pursuant to the act of June 8, 1911 (P.L.705,
No.281), entitled "An act creating the office of Fire Marshal,
to be attached to the Department of Public Safety in cities of
the first class; prescribing his duties and powers; and
providing penalties for violations of the provisions of the act;
and providing for the method of appointment, compensation, and
for the maintenance of his office," the act of April 27, 1927
(P.L.450, No.291), referred to as the State Fire Marshal Law, or
the act of July 28, 1953 (P.L.723, No.230), known as the Second
Class County Code, shall be deemed to have an operating permit
under this act so long as that person complies with subsection
(e) and with the registration provisions and operational
standards and requirements for removal from service established

through regulation promulgated by the department under this act
and all other applicable laws and until the department makes a
determination on the application for repermitting.
(e) Repermitting.--
(1) Within two years of the effective date of this act,
every person considered to have a permit under subsection (d)
for any aboveground storage tank which is certified by that
person to be ten years of age or older shall apply to the
department for a permit.
(2) Within three years of the effective date of this
act, every person considered to have a permit under
subsection (d) for any aboveground storage tank which is
certified by that person to be less than ten years of age
shall apply to the department for a new permit.
(3) The provisions of Chapter 11 shall not apply to the
repermitting of aboveground storage tanks.
(f) Interim permit requirements.--Prior to the effective
date of a regulation of the department concerning installation,
construction, erection, modification, operation or removal from
service of an aboveground storage tank facility, any owner or
operator who meets the interim installation requirements of
section 302(b) of this act and other applicable provisions shall
be deemed to meet the permit requirements for installation and
operation of an aboveground storage tank facility.
(g) Review of applications.--The department shall make a
determination regarding whether an application is reasonably
complete within 45 days of the filing of an application with the
department and shall identify all areas in which an application
is incomplete when issuing a notice of deficiency. The
department shall review any amended application filed in
response to a notice of deficiency within 45 days of the filing
of the amended application with the department. Nothing in this
section shall prohibit the department and the applicant from
agreeing to extend any deadline for action provided by this
section. Nothing in this section shall prohibit the department
from requesting and accepting supplemental information,
explanations and clarifications regarding the content of an
application prior to the deadline for department action.
(h) Renewal of permit.-- In order to continue to operate an
aboveground storage tank facility, the owner or operator must
obtain a new permit or a renewed permit at least every ten
years.
(i) Unlawful conduct.--It shall be unlawful to install,
construct, erect, modify, operate or remove from service an
aboveground storage tank facility unless authorized by the
policies, rules or regulations of the department or unless the
owner or operator has first obtained a permit from the
department. However, any person who has installed, constructed
or erected an aboveground storage tank prior to the effective
date of this act who was not required to obtain a permit under
one of the authorities listed in subsection (d) shall have 12
months from the effective date of this act to obtain an
operating permit from the department.
Section 305. Fire protection requirements.
The State Fire Marshal shall establish fire protection
requirements by regulation for aboveground storage and
dispensing tanks of 12,000 gallons or less of Class I and Class

II motor fuels, naphthalene, kerosene, fuel oil and other
substances of like character for nonretail distribution. Prior
to the adoption of regulations under this section, protected
aboveground storage tanks shall comply with the applicable
provisions of Underwriters Laboratory Standards No. 142 and the
National Fire Protection Association Standards. The State Fire
Marshall and the Pennsylvania State Police shall enforce this
section pursuant to the act of April 27, 1927 (P.L.450, No.291),
referred to as the State Fire Marshal Law.
(305 added Dec. 18, 1992, P.L.1665, No.184)
Section 306. Dispensing of Class II motor fuels to certain
customers.
(a) Use of certain tanks.--Nothing in this act or any other
statute shall prohibit the use of an aboveground storage tank,
not in excess of 12,000 gallons capacity, by a bulk plant
operator for dispensing Class II motor fuels to members of a key
or card club established by the bulk plant operator and located
at this plant, provided the installation and its operation meet
the requirements of this section and otherwise comply with State
Fire Marshal regulations.
(b) Specifications.--The tank shall be located at least:
(1) 50 feet from the nearest important building on the
same property;
(2) 50 feet from any fuel dispenser;
(3) 50 feet from the nearest side of any public way; and
(4) 100 feet from any property line that is or might be
built upon, including the opposite side of any public way.
(c) Safety matters.--A clearly labeled emergency switch
capable of shutting off power to all dispensers in case of an
emergency shall be located no less than 20 feet nor more than
100 feet from the dispensers. Operating instructions shall be
conspicuously posted in the dispensing area and shall include
location of the emergency switch and a requirement that the user
must stay in view of the dispensing nozzle during dispensing.
Emergency instructions shall be posted and shall include the
telephone number for reporting an emergency. A telephone or
other approved, clearly identified means to notify the fire
department shall be provided on the site.
(d) Definition.--As used in this section, the term "a key or
card club membership" shall be construed to mean a nonretail
sale consistent with section 305.
(306 added June 26, 1995, P.L.79, No.16)
CHAPTER 5
UNDERGROUND STORAGE TANKS
Section 501. Underground storage tank requirements.
(a) Program requirements.--The department shall adopt
regulations and implement an underground storage tank program
that, at a minimum, requires all of the following:
(1) The payment of an annual registration fee to the
department by owners of underground storage tanks. ((1)
amended June 26, 1995, P.L.79, No.16)
(2) Methods and procedures for the operation of
underground storage tank facilities and for the operator's
and owner's maintenance of a leak detection system, an
inventory control system together with tank testing or a

comparable system or method designed to identify releases or
potential releases in a manner consistent with the protection
of human health and the environment.
(3) The maintenance of records by the owner or operator
of any monitoring or leak detection system or inventory
control system or tank testing system.
(4) The reporting by the owner or operator of any
releases and corrective action taken in response to a release
from an underground storage tank.
(5) Corrective actions by owners, operators, landowners
and occupiers, or other responsible parties, on an emergency
basis if necessary, in response to a release from an
underground storage tank.
(6) Requirements for closure of tanks by owners and
operators to prevent future releases of regulated substances
into the environment.
(7) Standards for installation and performance for new
and existing underground storage tanks, including minimum
standards for the construction, testing, corrosion,
protection, operation, release prevention and repair and
reuse of underground storage tanks.
(8) Standards and procedures for permitting,
installation, construction, modification, operation and
removal of tanks and intended and completed closure of an
underground storage tank.
(9) Methods and procedures for the removal of
underground storage tanks from service by the owner or
operator.
(10) Requirements for reporting by the owner or operator
of intended and completed closure of any underground storage
tank facilities.
(11) The periodic inspection of the leak detection
systems, structural integrity of the underground storage
tanks and associated equipment, and release prevention
measures.
(12) A permit, by rule, for certain classifications of
underground storage tanks.
(13) Minimization of the amount of soil and subsurface
material affected by a release of a regulated substance by
segregating the unaffected soil and subsurface material
during removal of an underground storage tank from the
material affected by a release of a regulated substance.
((13) added June 26, 1995, P.L.79, No.16)
(14) Development of alternative methods for the disposal
and cleanup of soil and subsurface material affected by the
release of a regulated substance, including, but not limited
to, incineration, evaporation and landfill disposal. ((14)
added June 26, 1995, P.L.79, No.16)
(15) The requirement that the person removing the
material affected by a release of a regulated substance
provide to the owner, operator, landowner or other
responsible party a receipt documenting acceptance of the
material at a permitted treatment or disposal facility. ((15)
added June 26, 1995, P.L.79, No.16)
(b) Tank classification.--The department shall have the
authority to establish classes and categories of underground
storage tanks by regulation, which classes may be regulated in

consideration of, among other factors, size, composition,
intended use, contents and potential risk of harm to public
health and the environment.
(c) Certified installer and inspector program.--
(1) The department shall establish, by regulation, a
certification program for installers and inspectors of
underground storage tanks and facilities. This program shall
include provisions for qualifications and standards,
procedures for training and testing and for the revocation
and suspension of certification. All department employees
administering this program shall be deemed certified while in
the employment of the department.
(2) Underground storage tanks shall only be installed,
modified and removed by a certified installer as provided by
policy or regulations of the department.
(3) Underground storage tanks shall be inspected by
certified inspectors prior to permitting and at a frequency
thereafter established by the department as provided by
regulations of the department.
Section 502. Interim requirements and discontinued use.
(a) Registration fees and requirements.--Until alternative
fees are established by the department by regulation, an annual
fee of $50 for each underground storage tank to be paid by
owners of the underground storage tank is hereby established.
((a) amended June 26, 1995, P.L.79, No.16)
(b) Interim installation and operation requirements.--Until
such time as the department adopts installation and operational
requirements by regulation, no person shall install or make a
substantial modification to an underground storage tank or
facility unless that tank or facility meets all of the following
requirements:
(1) The tank prevents releases due to corrosion or
structural failure for the operational life of the tank.
(2) The tank is cathodically protected against
corrosion, constructed of noncorrosive material, steel clad
with a noncorrosive material or designed in a manner to
prevent the release or threatened release of any stored
substance.
(3) The material used in the construction or lining of
the tank is compatible with the substance to be stored.
(4) The tank is equipped with spill and overfill
prevention equipment.
(5) The tank is installed by a certified installer.
(c) Discontinued use.--Upon abandonment or discontinuance of
the use or active operation of an underground storage tank, the
owner and operator shall remove the tank and its contents or
shall seal the tank, and restore the area in a manner that
prevents any future release, and shall remedy any adverse
impacts from any prior release in a manner deemed satisfactory
to the department.
Section 503. Registration.
(a) Requirements.--Every owner of an underground storage
tank, except as specifically excluded by policy or regulation of
the department, shall register with the department each
underground storage tank by completing and submitting the form
provided by the department and by paying the registration fee
prescribed by the department for each underground storage tank

within three months of the effective date of this act. Volunteer
fire companies and volunteer emergency medical services
organizations which own underground storage tanks shall register
each underground storage tank with the department but shall not
be required to pay the registration fee. It shall be unlawful
for any owner or operator to operate or use, in any way, any
underground storage tank that has not been registered as
required by this section. ((a) amended Dec. 18, 1992, P.L.1665,
No.184)
(b) Prohibitions.--After 12 months from the effective date
of this act, it shall be unlawful to sell, distribute, deposit
or fill an underground storage tank with any regulated substance
unless the underground storage tank is registered as required by
this section. Any person who, on or after the effective date of
this subsection, knowingly sells, distributes, deposits or fills
any underground storage tank in violation of this subsection
prior to the discovery of a release shall be liable for any
release from the underground storage tank, in addition to the
remedies provided in section 1302. It shall be a defense to an
enforcement action under this subsection regarding delivery to
an unregistered tank that the tank in question had been
registered in a prior year. Within 12 months of the effective
date of this act, the department shall have available for the
general public an easily distinguishable visual system, such as
a sticker, to identify tanks with a current sticker as part of
enforcement by the department. ((b) amended June 26, 1995,
P.L.79, No.16)
(c) Use of registration fees.--Registration fees collected
by the department shall be used to fund the development and
operation of the storage tank programs established by this act.
Section 504. Permits and plans.
(a) Permit requirements.--No person shall install,
construct, modify, operate or remove from service all or part of
an underground storage tank facility unless such installation,
construction, modification, operation or removal from service is
authorized by the rules and regulations of the department or the
person has first obtained a permit from the department.
(b) Application.--Applications for permits shall be
submitted in writing to the department in such form and with
such accompanying data as shall be prescribed by the department.
(c) Fee.--Each application shall be accompanied by a permit
fee of $20 per tank. This fee may be modified by regulation.
(d) Prior permits.--Any person who has obtained a permit for
the underground storage tank facility prior to the effective
date of this act, pursuant to the act of June 8, 1911 (P.L.705,
No.281), entitled "An act creating the office of Fire Marshal,
to be attached to the Department of Public Safety in cities of
the first class; prescribing his duties and powers; and
providing penalties for violations of the provisions of the act;
and providing for the method of appointment, compensation, and
for the maintenance of his office," the act of April 27, 1927
(P.L.450, No.290), referred to as the State Fire Marshal Law, or
the act of July 28, 1953 (P.L.723, No.230), known as the Second
Class County Code, shall be deemed to have an operating permit
under this act so long as that person complies with the
operational standards and requirements for removal from service
established through regulation promulgated by the department

under this act and all other applicable laws.
(e) Submission of applications.--The applicant shall provide
a completed permit application with all requested information
using the forms provided by the department. Application forms
shall be accompanied by the necessary fees. Nothing in this
section shall prohibit the department from requesting additional
information or clarifications regarding the content of the
application.
(f) Interim operating permit requirements.--Prior to the
effective date of a regulation of the department concerning
installation, substantial modification or operation of
underground storage tanks at a tank facility, any owner or
operator who submits an application demonstrating that he meets
the interim installation and operation requirements of sections
502 and 503 shall meet the operating permit requirements of this
section.
(g) Review of applications.--The department shall make a
determination regarding whether an application is reasonably
complete within 45 days of the filing of an application with the
department and shall identify all areas in which an application
is incomplete when issuing a notice of deficiency. The
department shall review any amended application filed in
response to a notice of deficiency within 45 days of the filing
of the amended application with the department. Nothing in this
section shall prohibit the department and the applicant from
agreeing to extend any deadline for action provided by this
section. Nothing in this section shall prohibit the department
from requesting and accepting supplemental information,
explanations and clarifications regarding the content of an
application prior to the deadline for department action.
(h) Unlawful conduct.--It shall be unlawful to install,
construct, modify, operate or remove from service an underground
storage tank unless authorized by the rules or regulations of
the department or unless the owner or operator has first
obtained a permit from the department. However, any person who
has installed, constructed or erected an underground storage
tank prior to the effective date of this act who was not
required to obtain a permit under one of the authorities listed
in subsection (d) shall have 12 months from the effective date
of this act to obtain a permit from the department.
Section 505. Commercial heating oil storage tanks.
The Environmental Quality Board shall adopt, by regulation,
the specific requirements for commercial heating oil storage
tanks when they are established by the United States
Environmental Protection Agency, including, but not limited to,
requirements regarding permitting, monitoring, leak detection,
corrective action and release prevention, closure and
restoration. If no Federal requirements are adopted by January
1, 1996, the board may establish, by regulation, requirements
for commercial heating oil storage tanks until Federal
requirements are adopted.
(505 amended Dec. 18, 1992, P.L.1665, No.184)
Compiler's Note:
Section 502(c) of Act 18 of 1995, which
created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,

provided that the Environmental Quality Board shall have
the powers and duties currently vested in it, except as
vested in the Department of Conservation and Natural
Resources by Act 18 of 1995, which powers and duties
include those set forth in section 505.
Section 506. Small operator assistance program for underground
storage tanks.
The department shall establish, implement and administer a
small operator assistance program within 180 days of the
effective date of this act. The small operator assistance
program shall provide information and assistance to small
operators located in rural areas who pump, on a monthly basis,
less than 3,000 gallons retail motor fuel sales.
Section 507. Reimbursement for testing.
(a) Federal requirements.--The department shall reimburse
the owners of underground storage tanks for the cost of routine
testing and monitoring requirements which exceed the minimum
routine testing and monitoring requirements established by the
United States Environmental Protection Agency.
(b) No-fault testing.--The department shall reimburse the
owners of underground storage tanks for the cost of any testing,
monitoring or hydrogeologic studies required by the department
under section 1311 to determine if a tank owner is responsible
for the release of a regulated substance or contamination by a
regulated substance where the results of the testing, monitoring
and hydrogeologic studies show the tank owner was not the source
of the release or contamination and where the tank owner
cooperated fully with the department in the investigation.
(c) Discovery of de minimis contamination.--Discovery of a
de minimis amount of contamination on a site tested pursuant to
subsection (b) shall not preclude reimbursement under subsection
(b) unless it is more likely than not that the de minimis onsite
contamination is contributing to the offsite contamination.
(d) Fund.--The department shall use funds from the Storage
Tank Fund established in section 702 to provide the
reimbursements required by this section.
(507 amended June 26, 1995, P.L.79, No.16)
CHAPTER 7
FINANCIAL PROVISIONS
Section 701. Financial responsibility.
(a) Regulations of the Environmental Quality Board.--The
Environmental Quality Board is authorized to establish, by
regulation, requirements for maintaining evidence of financial
responsibility as deemed necessary and desirable, for taking
corrective action and for compensating third parties for bodily
injury and property damage caused by sudden and nonsudden
releases arising from operation of a storage tank. Every owner
or operator shall meet the financial responsibility requirements
established by the department.
(b) Methods of obtaining financial responsibility.--
Financial responsibility required by this section may be
established in accordance with regulations promulgated by the
Environmental Quality Board by any one or any combination of the
following: insurance, guarantee, surety, bond, letter of credit,
qualification as a self-insurer, indemnity contract, risk

retention coverage or any other method deemed satisfactory by
the department. Owners of underground storage tanks must meet
these requirements by complying with sections 703, 704, 705 and
706. In regulations under this section, the department is
authorized to specify policy or other contractual terms,
conditions or defenses which are necessary or acceptable in
establishing such evidence of financial responsibility.
(c) Bankruptcy of owner or operator.--In any case where the
owner or operator is in bankruptcy, reorganization or
arrangement pursuant to the Federal Bankruptcy Code or where
with reasonable diligence jurisdiction in any State court or the
Federal courts cannot be obtained over an owner or operator
likely to be solvent at the time of judgment, any claim arising
from conduct for which evidence of financial responsibility must
be provided under this subsection may be asserted directly
against the guarantor providing such evidence of financial
responsibility. In the case of any action pursuant to this
subsection, such guarantor shall be entitled to invoke all
rights and defenses which would have been available to the owner
or operator if any action had been brought against the owner or
operator by the claimant and which would have been available to
the guarantor if an action had been brought against the
guarantor by the owner or operator.
(d) Guarantor liability.--The total liability of any
guarantor shall be limited to the aggregate amount which the
guarantor has provided as evidence of financial responsibility
to the owner or operator under this section. Nothing in this
subsection shall be construed to limit any other State or
Federal statutory, contractual or common law liability of a
guarantor to its owner or operator, including, but not limited
to, the liability of such guarantor for bad faith either in
negotiating or in failing to negotiate the settlement of any
claim. Nothing in this subsection shall be construed to diminish
the liability of any person under section 107 or 111 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 or other applicable statutes.
(e) Definition.--As used in this subsection, the term
"guarantor" means any person, other than the owner or operator,
who provides evidence of financial responsibility for an owner
or operator under this subsection.
Compiler's Note:
Section 502(c) of Act 18 of 1995, which
created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,
provided that the Environmental Quality Board shall have
the powers and duties currently vested in it, except as
vested in the Department of Conservation and Natural
Resources by Act 18 of 1995, which powers and duties
include those set forth in section 701.
Section 702. Storage Tank Fund.
(a) Establishment of fund.--There is hereby created a
special nonlapsing fund in the State Treasury to be known as the
Storage Tank Fund. All fees, fines, judgments, bond forfeitures,
interest and recovered costs collected by the department under
this act shall be paid into the Storage Tank Fund. All moneys
placed in the Storage Tank Fund and the interest it accrues are

hereby appropriated, upon authorization by the Governor, to the
department for the costs of operating the aboveground and
underground storage tank programs, including activities
necessary for the elimination of releases from storage tanks and
any other activities necessary to meet the requirements of this
act.
(b) Supplements to fund.--The Storage Tank Fund may be
supplemented by appropriations from the General Assembly, the
Federal, State or local government or from any private source.
(c) Liability for costs.--Whenever costs have been incurred
by the Commonwealth for taking corrective action in response to
a release from a storage tank regulated by this act, the owner
or operator, as may be appropriate, of such tank shall be liable
to the Commonwealth for such costs.
(d) Effect of liability on property.--Any costs incurred by
the Commonwealth for taking corrective action in response to a
release from a storage tank under this act shall constitute in
each instance a debt of the owner or operator, as may be
appropriate, to the Storage Tank Fund. The debt shall constitute
a lien on all property owned by said owner or operator when a
notice of lien incorporating a description of the property of
the owner or operator subject to the action and an
identification of the amount of expenditure from the fund is
duly filed with the prothonotary of the court of common pleas
where the property is located. The prothonotary shall promptly
enter upon the civil judgment or order docket the name and
address of the owner or operator, as may be appropriate, and the
amount of the lien as set forth in the notice of lien. Upon
entry by the prothonotary, the lien shall attach to the revenues
and all real and personal property of the owner or operator,
whether or not the owner or operator is solvent. The notice of
lien, filed pursuant to this subsection, which affects the
property of the owner or operator shall create a lien with
priority over all subsequent claims or liens which are filed
against the owner or operator.
(e) Status of fund.--The Storage Tank Fund shall not be
subject to 42 Pa.C.S. Ch. 37 Subch. C (relating to judicial
computer system).
Section 703. Underground Storage Tank Indemnification Board.
(a) Establishment of board, appointment and terms.--There is
hereby created the Underground Storage Tank Indemnification
Board which shall consist of ten members. The Insurance
Commissioner and the Secretary of the Department of
Environmental Protection shall be ex officio members. Eight
members shall be appointed by the Governor, as follows:
(1) Six members who shall be persons with particular
expertise in the management of underground storage tanks.
Three of these members shall be appointed for terms of four
years and three shall be appointed for a term of three years.
The Governor shall appoint the members, one each from a list
of nominees provided by each of the following:
(i) The Associated Petroleum Industries of
Pennsylvania.
(ii) The Pennsylvania Petroleum Association.
(iii) The Service Station Dealers and Automotive
Repair Association of Pennsylvania and Delaware and the
Petroleum Retailers and Auto Repair Association, Inc.

(iv) The Middle Atlantic Truck Stop Operators.
(v) The Pennsylvania Farm Bureau, Pennsylvania State
Grange and Pennsylvania Farmers Union.
(vi) The Tank Installers of Pennsylvania.
(2) One local government member who shall have knowledge
and expertise in underground storage tanks. The local
government member shall be appointed for a term of two years.
(3) One public member who shall not be an owner or
operator of storage tanks nor affiliated in any way with any
person regulated under this act. The public member shall be
appointed for a term of three years.
(b) Chairman.--The board shall select a chairman from its
members annually.
(c) Vacancies.--Vacancies in appointed positions shall be
filled by the Governor in the same manner as the original
appointment. Members shall serve until their successors are
appointed and qualified.
(d) Compensation.--Members shall receive no compensation for
their service other than reimbursement for necessary expenses in
accordance with Commonwealth regulations.
(e) Conflicts.--No member shall participate in making any
decision in a matter involving any payment from which he or his
employer may benefit or which may benefit a member of his
immediate family.
(f) Meetings; quorum.--The board shall meet at least
quarterly. Additional meetings may be held upon reasonable
notice at times and locations selected by the board. The board
shall meet at the call of the chairman or upon written request
of three members of the board. Six members shall constitute a
quorum and a quorum may act for the board in all matters.
(703 amended Jan. 30, 1998, P.L.46, No.13)
Compiler's Note:
Section 3 of Act 34 of 1996 provided that
the Underground Storage Tank Indemnification Board shall
conduct a study to determine the feasibility of a low-
interest loan program from the Underground Storage Tank
Indemnification Fund. Such study shall determine
feasibility of using the Underground Storage Tank
Indemnification Fund for underground storage tank (UST)
owners to bring their underground storage tank (UST)
facilities into compliance with 40 CFR Pt. 280 (relating
to technical standards and corrective action requirements
for owners and operators of underground storage tanks
(UST)) and other uses that the board may determine
appropriate. The study shall be completed and reported to
the General Assembly no later than August 15, 1996.
Section 704. Underground Storage Tank Indemnification Fund.
(a) Establishment of fund.--
(1) There is hereby created a special fund in the State
Treasury to be known as the Underground Storage Tank
Indemnification Fund. This fund shall consist of the fees
assessed by the board under section 705(d), amounts recovered
by the board due to fraudulent or improper claims or as
penalties for failure to pay fees when due, and funds earned
by the investment and reinvestment of the moneys collected.
Moneys in the fund are hereby appropriated to the board for
the purpose of making payments to owners, operators and

certified tank installers of underground storage tanks who
incur liability for taking corrective action or for bodily
injury or property damage caused by a sudden or nonsudden
release from underground storage tanks and for making loans
to owners as authorized by this act. The fund shall be the
sole source of payments under this act, and the Commonwealth
shall have no liability beyond the amount of the fund. Every
owner and certified tank installer of an underground storage
tank shall demonstrate financial responsibility by
participating in the Underground Storage Tank Indemnification
Fund. The owner, operator or certified tank installer may
obtain coverage for liability not insured by the fund through
any of the methods approved in accordance with section
701(b).
(2) This fund is declared a restricted fund. The moneys
in the fund shall be used only for the purposes set forth in
this act and shall not be transferred or diverted to any
other purpose by the use of any administrative procedure.
(3) Notwithstanding any general or specific powers
granted to the board by this act, whether express or implied,
the board shall have no power at any time or in any manner to
pledge the credit or taxing power of the Commonwealth or any
political subdivision. No obligations or liabilities of the
board shall be deemed obligations or liabilities of the
Commonwealth or of any of its political subdivisions. Nothing
herein shall be deemed a waiver of sovereign immunity.
(b) Limit of payments to owners or operators.--
(1) Payments to eligible owners or operators shall be
limited to the actual costs of corrective action and the
amount of an award of damages by a court of competent
jurisdiction for bodily injury, property damage or both, not
to exceed a total of $1,500,000 per tank per occurrence.
(2) Payments of claims against the fund shall be subject
to a deductible as provided in section 705. Payments shall be
made only for releases resulting from storage tanks that are
located within this Commonwealth.
(3) Payments shall not exceed:
(i) an annual aggregate of $1,500,000 for each owner
and operator of 100 or less underground storage tanks; or
(ii) an annual aggregate of $3,000,000 for each
owner and operator of 101 or more underground storage
tanks, up to the total of $1,500,000 per tank per
occurrence or the total eligible costs or damages.
(4) Any pending claim where eligibility has not been
determined as of the effective date of this paragraph shall
be eligible for the increased payment under this subsection.
((b) amended Dec. 13, 2001, P.L.900, No.99)
(b.1) Limit of payments to certified tank installers.--
(1) Payments to certified tank installers shall be
limited to the actual costs of corrective action and the
amount of an award of damages by a court of competent
jurisdiction for bodily injury, property damage or both, not
to exceed a total of $1,500,000 per occurrence. Corrective
action under this subsection shall mean releases caused by
improper or faulty installations, modifications and removal
of underground storage tanks.
(2) Payments of claims against the program shall be

subject to a deductible as provided in section 705(c)(4).
Payments shall be made only for releases resulting from
underground storage tanks located in this Commonwealth.
(3) Payments shall not exceed:
(i) an annual aggregate of $1,500,000 for certified
tank installers who perform 100 or fewer installations or
major modifications; or
(ii) an annual aggregate of $3,000,000 for certified
tank installers who perform more than 100 installations
or major modifications.
(4) Any pending claim where eligibility has not been
determined as of the effective date of this paragraph shall
be eligible for the increased payment under this subsection.
((b.1) amended Dec. 13, 2001, P.L.900, No.99)
(c) Prohibited uses.--Moneys in the fund shall not be used
for the repair, replacement or maintenance of underground
storage tanks or improvement of property on which the tanks are
located unless the moneys are loaned by the board as an
investment of fund moneys pursuant to section 712.
(d) Expenses.--All costs and expenses of the board shall be
paid from the fund, including, but not limited to, compensation
of employees and any independent contractors or consultants
hired by the board.
(e) Options.--
(1) Any owner of an underground storage tank of 3,000
gallons or more used for storing heating oil for consumptive
use on the premises where stored may elect to participate in
the fund.
(2) The owner or operator of an underground storage tank
used to store heating oil who elects to participate in the
fund shall comply with applicable provisions of this act and
of regulations promulgated under this act.
(3) The owner or operator of an underground storage tank
used to store heating oil who elects to participate in the
fund shall pay the fee established under section 705(d)(2).
(4) The board shall by regulation establish procedures
and criteria for allowing owners or operators of underground
storage tanks to opt into the coverage provided by this
section.
(704 amended Jan. 30, 1998, P.L.46, No.13)
Section 705. Powers and duties of Underground Storage Tank
Indemnification Board.
(a) Support.--The board may employ or contract for the
personnel necessary to process fee payments, to administer
claims made against the Underground Storage Tank Indemnification
Fund, to administer the Upgrade Loan Program and other programs
authorized by this act and to carry out the purposes of the
board. The board may also employ or contract for the services of
attorneys, consultants and actuaries necessary to advise the
board in establishing fees under subsection (d) and deductible
amounts under subsection (c).
(b) Claims.--The board shall establish procedures by which
owners, operators and certified tank installers may make claims
for costs estimated or incurred in taking corrective action and
for liability due to bodily injury and property damage caused by
a sudden or nonsudden release from underground storage tanks.
Claims determined to be eligible shall be paid upon receipt of

information clearly showing that reimbursable claim costs are
reasonable, necessary and directly related to the release from
the storage tank that is the subject of the claim. The board, by
regulation, may establish a system for prioritizing claims.
(c) Deductible.--
(1) Claims shall be subject to a deductible amount which
the board shall set annually. The board shall give at least
30 days' notice of a proposed change in deductible amounts by
publication in the Pennsylvania Bulletin, and the change
shall take effect on the date specified in the notice. Each
owner or operator shall be responsible for the amount of the
deductible as provided in this section.
(2) The board shall set the initial deductible for
corrective action claims at $10,000 per tank per occurrence.
Thereafter, the deductible shall be actuarially sound and
shall be based on an estimate of the average cost of taking
corrective action due to a sudden or nonsudden release from
underground storage tanks in this Commonwealth. The board
shall not set a deductible in an amount lower than $5,000 per
tank per occurrence.
(3) The board shall set a deductible for claims due to
bodily injury, property damage or both caused by a sudden or
nonsudden release from underground storage tanks in this
Commonwealth. The board shall not set a deductible in an
amount lower than $5,000 per tank per occurrence.
(4) The board shall set a deductible for claims for
bodily injury, property damage or both caused by a release
from an underground storage tank in this Commonwealth
resulting from an installation, modification or removal of
regulated underground storage tanks. The board shall not set
a deductible in an amount lower than $5,000 per occurrence.
(d) Fees.--
(1) The board, by regulation, shall establish fees to be
paid by the owner, operator or certified tank installer, as
appropriate, of underground storage tanks. Fees shall be set
on an actuarial basis in order to provide an amount
sufficient to pay outstanding and anticipated claims against
the Underground Storage Tank Indemnification Fund in a timely
manner. Fees shall also include an amount sufficient to meet
all other financial requirements of the board. Fees shall be
adjusted as deemed necessary by the board, but no more than
once a year. The board shall annually evaluate the fee amount
to determine if it is sufficient to meet the anticipated
expenses of the fund and provide a copy of its evaluation to
the Environmental Resources and Energy Committee of the
Senate and the Conservation Committee of the House of
Representatives. The board shall analyze the claims
experience of storage tanks to determine which types of
underground tanks or tank configurations result in less
frequent leaks.
(2) The owner or operator of an underground storage tank
used to store heating oil, diesel fuel or other regulated
substance as determined by the board shall pay a per gallon
of tank capacity fee. The capacity fee shall be set on the
same actuarial basis as is provided in subsection (d)(1).
(3) In no case shall the owner or operator of an
underground storage tank used for nonretail bulk storage or

wholesale distribution of gasoline pay fees totaling more
than $5,000 per tank in any annual coverage period for which
fees are charged.
(4) The owner or operator of an underground tank used to
store diesel fuel on a farm for noncommercial purposes shall
be required to pay the same fee as the owner or operator of
an underground tank containing gasoline.
(e) Payment of fees.--Fees established for the owner of the
tank under subsection (d)(1) through (4) shall be paid by the
owner of the tank unless a written agreement between the owner
and the operator provides otherwise. Fees established for
certified tank installers under subsection (d)(1) shall be paid
to the Underground Storage Tank Indemnification Fund or to the
intermediaries so designated by the board. Intermediaries
located outside the territorial boundaries of this Commonwealth
may collect and remit fees upon proof that a performance bond
has been secured and maintained in an amount of $1,000,000. A
person who fails or refuses to pay the fee or a part of the fee
by the date established by the board may be assessed a penalty
of 5% of the amount due which shall accrue on the first day of
delinquency and be added thereto. Thereafter, on the last day of
each month during which any part of any fee or any prior accrued
penalty remains unpaid, an additional 5% of the then unpaid
balance shall accrue and be added thereto. A financial
institution holding a mortgage or security interest on property
containing an underground storage tank may with the owner or
operator request the board to notify the financial institution
in the event the owner or operator does not pay the fees
required by this section by the date specified by the board.
Notice of nonpayment to the financial institution or payment of
an owner or operator's fee shall not constitute the assumption
of any corrective action liability on the part of a financial
institution.
(e.1) Upgrade Loan Program.--The board shall establish
policies, procedures and forms as may be necessary and
appropriate in order to administer the Upgrade Loan Program
established in section 712.
(f) Additional powers.--The board shall have additional
powers as may be necessary to carry out its duties under this
act, including, but not limited to, the following:
(1) To make contracts and execute all instruments
necessary or convenient for carrying on of its business.
(2) To make bylaws for the management and regulation of
its affairs and to adopt, amend and repeal rules, regulations
and guidelines governing the administrative procedures and
business of the board and operation and administration of the
fund. Regulations of the board shall be subject to review
under the act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(3) To sue or be sued concerning claims arising as the
result of a release from an underground storage tank and to
implead and be impleaded, complain and defend in all courts.
(4) To conduct examinations and investigations and take
testimony under oath or affirmation on any matter necessary
to the determination of approval or disapproval of any claim.
(705 amended Jan. 30, 1998, P.L.46, No.13)
Section 706. Eligibility of claimants.

In order to receive a payment from the Underground Storage
Tank Indemnification Fund, a claimant shall meet the following
eligibility requirements:
(1) The claimant is the owner, operator or certified
tank installer of the tank which is the subject of the claim.
(2) The current fee required under section 705 has been
paid.
(3) The tank has been registered in accordance with the
requirements of section 503.
(4) The owner, operator or certified tank installer has
obtained the appropriate permit or certification as required
under sections 108, 501 and 504.
(5) The claimant demonstrates to the satisfaction of the
board that the release that is the subject of the claim
occurred after the date established by the board for payment
of the fee required by section 705(d).
(6) Additional eligibility requirements which the board
may adopt by regulation.
(706 amended Jan. 30, 1998, P.L.46, No.13)
Section 707. Audit.
The board shall contract for an annual independent financial
audit of the Underground Storage Tank Indemnification Fund.
(707 amended Jan. 30, 1998, P.L.46, No.13)
Section 708. Performance review.
The board shall periodically review and evaluate the
performance of the Underground Storage Tank Indemnification
Fund, including all programs funded from it, and make
recommendations to the General Assembly for its continuation or
termination every five years commencing with the initial review
date of December 31, 2000.
(708 amended Jan. 30, 1998, P.L.46, No.13)
Section 709. Loan fund (709 repealed June 28, 1996, P.L.434,
No.67).
Section 710. Underground Storage Tank Environmental Cleanup
Program.
(a) Establishment.--The board is authorized to establish the
Underground Storage Tank Environmental Cleanup Program for the
purpose of ensuring the taking of corrective actions at
underground storage tank facilities under sections 107(g) and
1302(c).
(b) Allocation.--The board may allocate up to $5,500,000
annually from the Underground Storage Tank Indemnification Fund
for the Underground Storage Tank Environmental Cleanup Program
as long as the allocation does not impede the fund's ability to
pay claims. Any amounts recovered by the board and/or the
Department of Environmental Protection from the costs of
corrective action incurred under the Underground Storage Tank
Environmental Cleanup Program shall be added to this allocation
for the purposes stated in this subsection and shall annually
lapse with this allocation. ((b) amended Dec. 13, 2001, P.L.900,
No.99)
(b.1) Special allocation.--No more than $2,000,000 of the
annual allocation for the Underground Storage Tank Environmental
Cleanup Program may be used for special environmental cleanup
projects to assist owners of underground storage tanks who do
not qualify for financial assistance under the provisions of
this act, the act of May 19, 1995 (P.L.4, No.2), known as the

Land Recycling and Environmental Remediation Standards Act, or
any other applicable environmental Federal or State assistance
program. Funds for special environmental cleanup projects may
not be used to reimburse owners of underground storage tanks for
remediation costs already incurred. Special environmental
cleanup projects are limited to eligible owners of underground
storage tanks whose site has not been remediated for
contamination, for remediation not completed due to financial
hardship and for those owners whose retail gasoline facility or
commercial distribution center is no longer in business. The
department shall assign priorities to such special projects
based upon their environmental impact.
(b.2) Additional allocation.--No more than $500,000 of the
annual allocation for the Underground Storage Tank Environmental
Cleanup Program may be used for costs of corrective action to
assist owners of underground storage tanks with a capacity of
3,000 gallons or less used for storing heating oil for
consumption on the premises where stored. Payments made for
eligible releases shall be limited in amount to the actual costs
of corrective action or to $5,000, whichever is less. The amount
allowed shall be subject to a $1,000 deductible which shall be
paid first by the claimant. This subsection shall expire June
30, 2005. On or before that date, the board shall make a report
to the General Assembly with recommendations. The board may
promulgate regulations to carry out the provisions of this
subsection. ((b.2) reenacted and amended Dec. 20, 2000, P.L.726,
No.100)
(b.3) Catastrophic release allocations.--
(1) The board may allocate up to $5,500,000 annually
from the Underground Storage Tank Indemnification Fund for
the Underground Storage Tank Environmental Cleanup Program to
be used by the Department of Environmental Protection for
corrective action caused by a catastrophic release providing
the allocation does not impede the fund's actuarial soundness
and ability to pay claims.
(2) For the purposes of this subsection, a catastrophic
release is one that imposes a threat to public health and
safety and the environment where the department determines
that the costs of the corrective action may exceed two times
the limits established under section 704.
((b.3) added Dec. 13, 2001, P.L.900, No.99)
(c) Implementation.--The Department of Environmental
Protection shall assist the board with the implementation of
this program and shall be reimbursed by the board from the fund
for actual costs incurred for the corrective actions taken, but
in no event shall the department be reimbursed from the fund for
any administrative costs.
(d) Eligibility determinations.--Where funds are expended
under this section for corrective action and the owner, operator
or certified tank installer of the underground storage tank is
later determined to be eligible for Underground Storage Tank
Indemnification Fund coverage under section 706, the moneys
expended by the board shall be considered payments to the owner,
operator or certified tank installer under section 704.
(e) Annual report.--The board shall annually transmit to the
General Assembly a report outlining corrective actions taken and
expenditures made under this section for the preceding

Commonwealth fiscal year.
(f) Sunset.--The Underground Storage Tank Environmental
Cleanup Program shall cease to exist on June 30, 2007, unless it
is reestablished by action of the General Assembly.
(710 added Jan. 30, 1998, P.L.46, No.13)
Section 711. Underground Storage Tank Pollution Prevention
Program.
(a) Establishment.--The board is hereby authorized to
establish an Underground Storage Tank Pollution Prevention
Program for the purpose of reimbursing eligible owners, as
defined in subsection (d), for the costs of removing regulated
substances from and sealing the fill pipes of underground
storage tanks which have not been upgraded to comply with the
technical requirements of Federal and State regulations. The
board shall establish guidelines for eligible expenses and
procedures for reimbursement from the Underground Storage Tank
Indemnification Fund.
(b) Allocation.--The board may allocate up to $1,000,000
annually from the Underground Storage Tank Indemnification Fund
for the Underground Storage Tank Pollution Prevention Program as
long as the allocation does not impede the actuarial soundness
of the fund's ability to pay claims.
(c) Implementation.--The Department of Environmental
Protection shall assist the board with the implementation of
this program and shall be reimbursed by the board from the fund
for actual reimbursements made to eligible owners, but in no
event shall the department be reimbursed from the fund for any
administrative costs.
(d) Eligibility.--Owners of six or fewer underground storage
tanks shall be eligible to participate in this program.
(e) Annual report.--The board shall annually transmit to the
General Assembly a report outlining actions taken and
expenditures made under this section for the preceding
Commonwealth fiscal year.
(f) Sunset.--The Underground Storage Tank Pollution
Prevention Program shall cease to exist on June 30, 2007, unless
it is reestablished by action of the General Assembly.
(711 added Jan. 30, 1998, P.L.46, No.13)
Section 712. Upgrade Loan Program.
(a) Establishment.--The board is hereby authorized to
establish a loan program for owners of regulated underground
storage tanks as a method of investing fund moneys, provided
that such a program does not interfere with the actuarial
soundness of the fund required by section 705(d)(1). Aggregate
outstanding loan balances shall not exceed 20% of the fund
balance, hereby defined as the ending cash balance in any given
fiscal year less any liability for claims incurred but not yet
paid. Loans shall not be made when the fund balance falls below
$50,000,000. Loans shall not be made if such loans impede the
board's ability to pay claims.
(b) Eligibility.--Such loans shall be made available to
owners of six or fewer regulated underground storage tanks for
the purpose of upgrading or removing their storage tanks. Any
portion of the annual availability of funds not committed to
such owners within 90 days of the effective date of this section
and thereafter within 120 days of July 1 in any fiscal year may
be awarded to any owner of any number of regulated underground

storage tanks that meet the remaining requirements of this
section. ((b) reenacted and amended Dec. 20, 2000, P.L.726,
No.100)
(c) Loan terms.--Loans made under this section shall be
governed by the following terms:
(1) The maximum loan amount for an individual project is
$500,000 or 75% of the total eligible project costs,
whichever is less. The maximum total amount that a single
owner or operator may have outstanding is $500,000.
(2) Loans shall have a repayment period of up to ten
years.
(3) Interest rates shall be fixed at the time the loan
is made and shall be equal to the Five-Year United States
Treasury Note on the date application is made.
(4) All loans must be adequately secured. The board
shall determine the methods for securing loans.
(5) The board shall charge a loan origination fee not to
exceed 5% of the approved loan amount.
(6) The board, by regulation, may create additional
eligibility requirements for participation in the Upgrade
Loan Program.
(d) Annual report.--The board shall prepare an annual report
for submission to the General Assembly concerning activities and
expenditures made pursuant to this section for the preceding
year. Included in this report shall be information concerning
all loans made to eligible applicants and applications denied.
(e) Assistance.--The Department of Community and Economic
Development, in consultation with the Department of
Environmental Protection, shall assist the board with the
implementation of this program. The fund shall reimburse the
Department of Community and Economic Development for actual
costs incurred to administer this program. However,
administrative costs shall not exceed 5% of the loan amounts
approved annually. Final loan approval shall be made by the
board.
(712 added Jan. 30, 1998, P.L.46, No.13)
CHAPTER 9
SPILL PREVENTION RESPONSE PLAN
Section 901. Submission of spill prevention response plan.
(a) Schedule.--Each owner of an aboveground storage tank or
tank facility shall submit to the department, within one year of
the effective date of this act, a plan for each aboveground
storage tank or tank facility. Each plan shall be site-specific
and be consistent with the requirements of this act and shall be
developed in consultation with county and municipal emergency
management agencies. This chapter shall not apply to aboveground
storage tank facilities with a capacity equal to or less than
21,000 gallons.
(b) Plan revisions.--Each owner of an aboveground storage
tank or tank facility with an approved spill prevention response
plan shall submit a revised plan or addendum to the plan to the
department in accordance with the requirements of this act if
any of the following occur:
(1) There is a substantial modification in design,
construction, operation, maintenance of the storage tank or

tank facility or associated equipment or other circumstances
that increase the potential for fires, explosions or releases
of regulated substances.
(2) There is a substantial modification in emergency
equipment at the facility.
(3) There are substantial changes in tank facility
emergency organization.
(4) Applicable department regulations are revised.
(5) The plan fails in an emergency.
(6) The removal or the addition of any storage tank or
storage tanks.
(7) Other circumstances occur of which the department
requests an update.
(c) Existing plans.--All existing plans regarding storage
tank facilities required by the department pursuant to the act
of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams
Law, and known as preparedness, prevention and contingency plans
must be revised within one year of the effective date of this
act. Thereafter, all plans submitted in accordance with this
chapter shall be deemed to have satisfied the requirements of
The Clean Streams Law, relating to preparedness, prevention and
contingency plans.
Section 902. Content of spill prevention response plan.
(a) Description of facility.--The plan shall identify and
describe the industrial or commercial activity which occurs at
the site, including a specific listing and inventory of all
types of products stored, amount of products stored and wastes
generated which are stored at the aboveground storage tank or
tank facility. The plan shall include drawings of the
aboveground storage tank facility, including location of all
drainage pipes and water outlets.
(b) Description of the organization structure for plan
implementation.--The plan shall identify all facility related
individuals and their duties and responsibilities for
developing, implementing and maintaining the facilities' plan.
The plan shall describe in detail the chain of command at the
aboveground storage tank or storage tank facility and list all
facility emergency coordinators and emergency response
contractors.
(c) Spill leak prevention and response.--The plan shall
provide a preventive maintenance program that includes
monitoring and inspection procedures, including identification
of stress points, employee training program and security system.
The plan shall include a description of potential sources and
areas where spills and leaks may occur by drawings and plot
plans and shall identify specific spill prevention measures for
those identified areas.
(d) Countermeasure.--The plan shall explain in detail the
specific response that storage tank facility and contract
emergency personnel shall take upon the occurrence of any
release at the facility.
(e) Emergency spill control network.--The plan shall include
information obtained by the owner of the aboveground storage
tank facility from the county and municipal emergency management
agencies. The plan shall also contain information relating to
persons to be notified in the event of a spill.
(f) Other information.--The owner shall provide the

department with all other information required by the department
to carry out its duties under this act.
Section 903. Review of spill prevention response plan.
(a) Written notice.--The owner of the aboveground storage
tank facility located adjacent to surface waters shall annually
provide public notice to all downstream municipalities,
downstream water companies and downstream industrial users
within 20 miles of the aboveground storage tank facility site
and the local municipality and county in which the facility is
located. The notice shall provide a detailed inventory of the
type and quantity of material in storage at the facility. The
facility operator shall annually provide a copy of the spill
prevention response plan or updates to that plan after its
initial preparation to the county and municipal emergency
management agency and the department.
(b) Department action.--The department shall approve the
spill prevention response plan or disapprove the plan and
provide the owner of the storage tank or tank facility with
specific reasons for the disapproval. If disapproved, the owner
of the storage tank or tank facility shall submit a revised plan
to the department.
Section 904. Notification.
(a) Procedure for spill notification.--Upon the occurrence
of a release at the aboveground storage tank, the owner or
operator of a storage tank shall immediately notify the county
emergency management agency, the Pennsylvania Emergency
Management Agency and the department. All downstream water
companies, downstream municipalities and downstream industrial
users within 20 miles of the aboveground storage tank located
adjacent to surface waters shall be notified on a priority basis
based on the proximity of the release by the owner or operator
of the agent of the owner or operator of the aboveground storage
tank within two hours of any release which enters a water supply
or which threatens the water supply of downstream users. Where
the owner or operator or his agent failed to notify or is
incapable of notifying downstream water users, the county
emergency management agency shall make the required
notifications.
(b) Notification list.--The owner of the aboveground storage
tank or tank facility located adjacent to surface waters shall
annually obtain and annually update a list from the local
emergency management agency of all downstream municipal water
users, water companies and industrial users within 20 miles of
the tank facility.
(c) State agency.--Notwithstanding any Federal law to the
contrary, the department is hereby designated as the State
agency empowered to direct emergency cleanup efforts onsite at a
release site upon the occurrence of a release.
(d) Other emergency response plans.--Notwithstanding this
chapter to the contrary, the aboveground storage tank spill
prevention response plan shall be developed by the owner of the
aboveground storage tank in consultation with the local and
county emergency management agency, consistent with the
emergency management procedures developed by local emergency
management agencies under Title III of the Superfund Amendments
and Reauthorization Act of 1986 (Public Law 99-499, 100 Stat.
1613).

(e) Releases from storage tanks.--Upon the occurrence of a
release from a storage tank, the owner or operator of the
storage tank shall immediately notify the appropriate regional
office of the department. The owner or operator shall notify the
department as soon as practicable but no later than 24 hours
after the confirmation of a reportable release. Within 15 days
of the notice required under this subsection, the owner or
operator shall provide written notification to the department
and to each municipality in which the reportable release has
occurred and each municipality where that release has impacted
environmental media or water supplies, buildings or sewer or
other utility lines. The written notification shall describe, to
the extent the information is available, the regulated substance
involved in the release, the quantity of the substance released,
when the release occurred, where the release occurred, the
affected environmental media and relevant information concerning
the effect of the release on public health, impacts to water
supplies, buildings or to sewer or other utility lines. The
notice shall also include information on remedial actions that
are planned, initiated or completed. The owner or operator shall
also provide written notification to the department and each
impacted municipality of new impacts to environmental media or
water supplies, buildings or sewer or other utility lines
discovered after the initial written notification required under
this subsection. This written notification shall be made within
15 days of the discovery of the new impact. If the department
determines at any time that the release poses an immediate
threat to public health and safety, the department and any
impacted municipalities may evaluate and implement reasonable
procedures to provide the public with appropriate information
about the situation, which may, at a minimum, include a summary
of the details surrounding the release and its impacts in a
newspaper of general circulation serving the area in which the
impacts are occurring. ((e) added Dec. 17, 2001, P.L.912,
No.104)
CHAPTER 11
SITING OF NEW ABOVEGROUND STORAGE TANK FACILITY
AND REGULATIONS
Section 1101. Notification.
(a) Procedure.--The owner or operator of an existing or
proposed aboveground tank facility shall provide written
notification to the local municipality and county in which the
aboveground tank facility is situated or to be located prior to
submitting an application for an aboveground storage permit to
construct or reconstruct an additional aboveground storage tank
at the aboveground storage tank facility or construct a new
aboveground storage tank facility. This chapter shall not apply
to aboveground storage tanks with a capacity equal to or less
than 21,000 gallons.
(b) Public hearings.--Upon submission to the department of
the permit application to construct any new aboveground tank
facility, the department may hold a public hearing in the
municipality or county in which the aboveground tank facility is
proposed to be located. The department shall publish the permit
application in the Pennsylvania Bulletin upon receipt of the

permit application and provide not more than a 60-day comment
period.
(c) Public comment on aboveground storage tank permit.--The
department shall publish the aboveground storage tank facility
permit application in the Pennsylvania Bulletin upon receipt of
the permit application and provide a 30-day comment period for
new aboveground storage tank facilities.
Section 1102. Siting regulations.
The Environmental Quality Board shall develop siting
regulations for new aboveground storage tank facilities which
shall contain detailed provisions which an applicant shall use
to evaluate a potential site. The regulations shall include, but
not be limited to, consideration for public health and safety,
protection of water supply sources, water quality, air quality,
flooding, topography, soil conditions and hydrogeology. The
board shall hold at least one public hearing on the siting
regulations and shall solicit and take into consideration
written public comments, prior to final adoption.
Compiler's Note:
Section 502(c) of Act 18 of 1995, which
created the Department of Conservation and Natural
Resources and renamed the Department of Environmental
Resources as the Department of Environmental Protection,
provided that the Environmental Quality Board shall have
the powers and duties currently vested in it, except as
vested in the Department of Conservation and Natural
Resources by Act 18 of 1995, which powers and duties
include those set forth in section 1102.
CHAPTER 13
ENFORCEMENT
Section 1301. Withholding permit.
The department shall not issue any permit pursuant to this
act or amend any permit issued under this act, and may revoke
any permit previously issued under this act, if it finds, after
investigation and an opportunity for informal hearing, that:
(1) the applicant has failed and continues to fail to
comply with any provisions of Federal or State law which are
in any way connected with or related to the regulation of
storage tanks or of any relevant rule, regulation, permit or
order of the department or related to the regulation of
storage tanks.
(2) the applicant has shown a lack of ability or
intention to comply with any law, rule, regulation, permit or
order of the department issued pursuant to this act as
indicated by past or continuing violations. Any person,
partnership, association or corporation which has violated
this act, rule, regulation, order of the department, or any
condition of any permit issued pursuant to this act, or which
has a partner, associate, officer, parent corporation,
subsidiary corporation, contractor or subcontractor which has
engaged in such violation shall be denied any permit required
by this act unless the permit application demonstrates that
the violation is being corrected to the satisfaction of the
department.
Section 1302. Responsibilities of owners and operators.

(a) Order to correct condition.--Whenever the department
finds that a release or danger of a release is or may be
resulting from a storage tank in this Commonwealth, the
department may order the owner, operator, landowner or occupier
to take corrective action in a manner satisfactory to the
department, or it may order such owner, operator, landowner or
occupier to allow access to the land by the department or a
third party to take such action.
(b) Assessment of expenses.--For purposes of collecting or
recovering the expense involved in taking corrective and cost
recovery action pursuant to an order or recovering the cost of
corrective action, litigation, oversight, monitoring, sampling,
testing and investigation related to a corrective action, the
department may collect the amount in the same manner as civil
penalties are collected under the provisions of section 1307(b).
(c) Contracts.--The department is authorized to enter into
contracts and to develop streamlined contract procedures,
policies, rules and regulations that provide for:
(1) The identification, investigation, containment,
remediation, disposal, monitoring and maintenance of leaking
underground storage tanks.
(2) Conducting and funding programs for research into
innovative and alternative methods for site remediation.
(3) The purchase, lease or rental of equipment, and
other necessary expenses.
(4) Emergency housing, replacement water supplies and
water sources.
Section 1303. Protection of water supplies.
(a) Regulations.--In addition to the powers and authority
hereinbefore granted, power and authority is hereby conferred
upon the department to make, adopt, promulgate and enforce
orders and regulations for the protection of any source of water
for present or future supply to the public or other legitimate
use, prohibiting the pollution of any such source of water which
would render the same inimical or injurious to the public health
or objectionable for the purposes served by the water supply and
for the replacement of any water supply affected, polluted,
diminished or threatened by a release from a storage tank. For
purposes of this section, water supply to the public shall
include a water supply serving one or more persons.
(b) Affected or diminished supply.--Any owner or operator
of a storage tank who affects or diminishes a water supply as a
result of a release shall restore or replace the affected supply
with an alternate source of water adequate in quantity and
quality for the purposes served by the supply, at no cost to the
owner of the affected water supply.
Section 1304. Public nuisances.
A violation of this act or of any order or regulation adopted
by the department or of permits issued by the department shall
constitute a public nuisance. The department shall have the
authority to order any person causing a public nuisance to abate
the public nuisance. In addition, the department or any
Commonwealth agency which undertakes to abate a public nuisance
may recover the costs of abatement in an action in equity
brought before any court of competent jurisdiction. Whenever
such nuisance shall be maintained or continued contrary to this
act or such orders, regulations or permits the same may be

abatable in the manner provided by this act. Any person who
causes such public nuisance shall be liable for the cost of
abatement.
Section 1305. Suits to abate nuisances and restrain violations.
(a) Suits to abate nuisances.--Any activity or condition
declared by this act to be a nuisance, or which is otherwise in
violation of this act, shall be abatable in the manner provided
by law or equity for the abatement of public nuisances. In
addition, in order to restrain or prevent any violation of this
act and of the rules, regulations or orders issued thereunder,
or to restrain the maintenance and threat of public nuisance,
suits may be instituted in equity or at law in the name of the
Commonwealth upon relation of the Attorney General, the General
Counsel or upon relation of any district attorney of any county,
or upon relation of the solicitor of any municipality affected,
after notice has first been served upon the Attorney General of
the intention of the General Counsel, district attorney or
solicitor to so proceed. Such proceedings may be prosecuted in
the Commonwealth Court, or in the court of common pleas of the
county where the activity has taken place, the condition exists
or the public is affected, and to that end jurisdiction is
hereby conferred in law and equity upon such courts. Except in
cases of emergency where, in the opinion of the court, the
exigencies of the case require immediate abatement of the
nuisance, the court may, in its decree, fix a reasonable time
during which the person responsible for the nuisance may make
provision for the abatement of the same.
(b) Mandatory and special injunctions.--In cases where the
circumstances require it or the public health is endangered, a
mandatory preliminary injunction, special injunction or
temporary restraining order may be issued upon the terms
prescribed by the court, notice of the application therefor
having been given to the defendant in accordance with the rules
of equity practice, and in any such case the Attorney General,
the General Counsel, the district attorney or the solicitor of
any municipality shall not be required to give bond. In any such
proceeding the court shall, upon motion of the Commonwealth,
issue a prohibitory or mandatory preliminary injunction if it
finds that the defendant is engaging in unlawful conduct as
defined by this act or is engaged in conduct which is causing
immediate and irreparable harm to the public. In addition to an
injunction, the court in such equity proceedings may levy civil
penalties in the same manner as the department in accordance
with section 1307.
(c) Private actions.--Except as provided in subsection (d),
any person having an interest which is or may be affected may
commence a civil action on his behalf to compel compliance with
this act or any rule, regulation, order or permit issued
pursuant to this act by any owner, operator, landowner or
occupier alleged to be in violation of any provision of this act
or any rule, regulation, order or permit issued pursuant to this
act. Except where 42 Pa.C.S. (relating to judiciary and judicial
procedure) requires otherwise, the courts of common pleas shall
have jurisdiction of such actions, and venue in such actions
shall be as set forth in the Rules of Civil Procedure concerning
civil actions in assumpsit. No such action may be commenced if
the department has commenced and is diligently prosecuting a

civil action in a court of the United States or of the
Commonwealth or is in litigation before the Environmental
Hearing Board to require the alleged violator to comply with
this act or any rule, regulation, order or permit issued
pursuant to this act, but, in any such action in a court of the
United States or of the Commonwealth, any person having or
representing an interest which is or may be adversely affected
may intervene as a matter of right without posting bond.
(d) Notice of private action.--No action pursuant to
subsection (c) may be commenced prior to 60 days after the
plaintiff has given notice, in writing, of the violation to the
department and to any alleged violator.
(e) Notice not required.--The 60-day notice provisions of
subsection (d) to the contrary notwithstanding, any action
pursuant to subsection (c) may be initiated immediately upon
written notification to the department in the case where the
violation or order complained of constitutes an imminent threat
to the health or safety of the plaintiff or would immediately
affect a legal interest of the plaintiff.
(f) Fees and costs.--The court, in issuing any final order
in any action brought pursuant to this section, may award costs
of litigation (including attorney and expert witness fees) to
any party, whenever the court determines such award is
appropriate. Except as provided in subsection (b), the court
may, if a temporary restraining order or preliminary injunction
is sought, require the filing of a bond or equivalent security
in accord with the Rules of Civil Procedure.
Section 1306. Criminal penalties.
(a) Summary offense.--Any person who violates any provision
of this act, any rule or regulation of the department, any order
of the department, or any condition or term of any permit or
certification issued pursuant to this act commits a summary
offense and shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $1,000 for each separate
offense, and, in default of the payment of such fine, may be
sentenced to imprisonment for 90 days. Employees of the
department are hereby declared to be law enforcement officers
for purposes of issuing citations for summary violations under
this act.
(b) Misdemeanor.--
(1) Any person who willfully or negligently violates any
provision of this act, any rule or regulation of the
department, any order of the department, or any condition or
term of any permit issued pursuant to this act commits a
misdemeanor of the third degree and shall, upon conviction,
be sentenced to pay a fine of not less than $2,500 nor more
than $25,000 per day for each separate offense or to
imprisonment for a period of not more than one year, or both.
(2) Any person who, after a conviction of a misdemeanor
for any violation as provided in paragraph (1), willfully or
negligently violates any provision of this act, any rule or
regulation of the department, any order of the department, or
any condition or term of any permit issued pursuant to this
act commits a misdemeanor of the second degree and shall,
upon conviction, be sentenced to pay a fine of not less than
$5,000 nor more than $50,000 for each separate offense or to
imprisonment for a period of not more than two years, or

both.
(c) Continuing violations.--Each day of continued violation
and each violation of any provision of this act, any rule or
regulation of the department, any order of the department, or
any condition or term of any permit issued pursuant to this act
shall constitute a separate offense.
Section 1307. Civil penalties.
(a) Assessment.--In addition to proceeding under any other
remedy available at law or in equity for a violation of a
provision of this act, rule, regulation, order of the
department, or a condition or term of any permit issued pursuant
to this act, the department may assess a civil penalty for the
violation. This penalty may be assessed whether or not the
violation was willful. The civil penalty so assessed shall not
exceed $10,000 per day for each violation. In determining the
amount of the penalty, the department shall consider the
willfulness of the violation; damage to air, water, land or
other natural resources of this Commonwealth or their uses; cost
of restoration and abatement; savings resulting to the person in
consequence of the violation; deterrence of future violations;
and other relevant factors. Each violation of any provision of
this act, rule, regulation, order of the department or condition
of a permit, and each day of violation shall constitute a
separate violation.
(b) Collection.--When the department or any State agency,
Federal agency, county, joint county authority or multimunicipal
authority delegated authority to assess civil penalties under
section 107(a) proposes to assess a civil penalty, it shall
inform the person of the proposed amount of the penalty. The
person charged with the penalty shall then have 30 days to pay
the proposed penalty in full or, if the person wishes to contest
the amount of the penalty or the fact of the violation, forward
the proposed amount of the penalty to the department within the
30-day period for placement in an escrow account with the State
Treasurer or any Pennsylvania bank, or post an appeal bond to
the department within 30 days in the amount of the proposed
penalty, provided that such bond is executed by a surety
licensed to do business in this Commonwealth and is satisfactory
to the department. If, through administrative or final judicial
review of the proposed penalty, it is determined that no
violation occurred or that the amount of the penalty shall be
reduced, the department shall within 30 days remit the
appropriate amount to the person with any interest accumulated
by the escrow deposit. Failure to forward the money or the
appeal bond shall result in a waiver of all legal rights to
contest the violation or the amount of the penalty. The amount
assessed after administrative hearing or after waiver of
administrative hearing shall be payable to the Commonwealth of
Pennsylvania and shall be collectible in any manner provided by
law for the collection of debts. If any person liable to pay any
such penalty neglects or refuses to pay the same after demand,
the amount, together with interest and any costs that may
accrue, shall constitute a judgment in favor of the Commonwealth
upon the property of such person from the date it has been
entered and docketed on record by the prothonotary of the county
where such is situated. The department may, at any time,
transmit to the prothonotaries of the respective counties

certified copies of all such judgments, and it shall be the duty
of each prothonotary to enter and docket them of record in his
office and to index the same as judgments are indexed, without
requiring the payment of costs as a condition precedent to the
entry thereof.
Section 1308. Proceedings where waters are polluted from many
sources.
Nothing contained in the laws of this Commonwealth shall
estop the department from proceeding under the provisions of
this act against any person releasing any regulated substance
into the waters of this Commonwealth even though said waters
are, at the time, polluted from other sources.
Section 1309. Enforcement orders.
The department may issue such orders as are necessary to aid
in the enforcement of the provisions of this act. Such orders
shall include, but shall not be limited to, orders modifying,
suspending or revoking permits or certifications, orders
requiring persons to cease unlawful activities or cease
operation of an establishment which, in the course of its
operation, is in violation of any provision of this act, rule or
regulation promulgated hereunder, permit, order to take
corrective action or to abate a public nuisance, or an order
requiring the testing, sampling or monitoring of any tank. Such
an order may be issued if the department finds that any
condition existing in or on the facility or operation involved
is causing or is creating a danger of pollution of the waters of
this Commonwealth, including any public or private water supply,
surface water or groundwater or if it finds that the permittee
or any person is in violation of any provision of this act, or
of any rule, regulation or order of the Environmental Hearing
Board or regulation, order, permit or certification of the
department, provided, however, that an order addressed to an
operation not directly related to the condition or violation in
question may be issued only if the department finds that the
other enforcement procedures, penalties and remedies available
under this act would not be adequate to effectuate prompt or
effective correction of the condition or violation. The
department may, in its order, require compliance with such
conditions as are necessary to prevent or abate pollution or
effect the purposes of this act. An order issued under this
section shall take effect upon notice, unless the order
specifies otherwise. An appeal to the Environmental Hearing
Board of the department's order shall not act as a supersedeas,
provided, however, that, upon application and for cause shown,
the Environmental Hearing Board may issue such a supersedeas.
The right of the department to issue an order under this section
is in addition to any remedy or penalty which may be imposed
pursuant to this act. The failure to comply with any such order
is hereby declared to be a nuisance.
Section 1310. Unlawful conduct.
It shall be unlawful to fail to comply with, or to cause or
assist in the violation of, any of the provisions of this act or
rules and regulations adopted hereunder; or to fail to comply
with any order, permit, registration or certification
requirement of the department; or to cause a public nuisance; or
to cause air, soil or water pollution; or to hinder, obstruct,
prevent or interfere with the department or its personnel in the

performance of any duty hereunder; or to violate the provisions
of 18 Pa.C.S. § 4903 (relating to false swearing) or 4904
(relating to unsworn falsification to authorities) in regard to
papers required to be submitted under this act. The owner or
operator of a storage tank and the landowner or occupier on
whose land a storage tank is or was located shall not allow
pollution resulting from, or a release to occur from, a storage
tank.
Section 1311. Presumption.
(a) General rule.--Except as provided in subsection (b), it
shall be presumed as a rebuttable presumption of law in civil
and administrative proceedings that a person who owns or
operates an aboveground or underground storage tank shall be
liable, without proof of fault, negligence or causation, for all
damages, contamination or pollution within 2,500 feet of the
perimeter of the site of a storage tank containing or which
contained a regulated substance of the type which caused the
damage, contamination or pollution. Such presumption may be
overcome by clear and convincing evidence that the person so
charged did not contribute to the damage, contamination or
pollution.
(b) Defenses.--In order to overcome the presumption of
liability established in subsection (a), the owner or operator
must affirmatively prove, by clear and convincing evidence, one
of the following:
(1) The damages, contamination or pollution existed
prior to the use of any storage tank at the facility to
contain an accumulation of regulated substances, as
determined by surveys of the site and within 2,500 feet of
the perimeter of the storage tank or facility.
(2) An adjacent landowner refused to allow the owner or
operator of a storage tank at a new facility access to
property within 2,500 feet of the perimeter of a storage tank
facility to conduct a survey.
(3) The damage, contamination or pollution was not
within 2,500 feet of the perimeter of a storage tank.
(4) The owner or operator did not contribute to the
damages, contamination or pollution.
Section 1312. Existing rights and remedies preserved.
The collection of any penalty imposed under the provisions of
this act shall not be construed as estopping the Commonwealth,
or any district attorney or solicitor of a municipality, from
proceeding in courts of law or equity to abate pollutions
forbidden under this act or abate nuisances under existing law.
It is hereby declared to be the purpose of this act to provide
additional and cumulative remedies to prevent and abate the
pollution caused by storage tanks, and nothing contained in this
act shall in any way abridge or alter rights of action or
remedies now or hereafter existing in equity, or under the
common law or statutory law, criminal or civil, nor shall any
provision in this act, or the granting of any permit under this
act, or any act done by virtue of this act, be construed as
estopping the Commonwealth, persons or municipalities, in the
exercise of their rights under the common law or decisional law
or in equity, from proceeding in courts of law or equity to
suppress nuisances, or to abate any pollution now or hereafter
existing, or enforce common law or statutory rights.

Section 1313. Appealable actions.
Any person aggrieved by an order or other administrative
action of the department issued pursuant to this act shall have
the right, within 30 days, to appeal the action to the
Environmental Hearing Board in accordance with 2 Pa.C.S. Ch. 5
Subch. A (relating to practice and procedure of Commonwealth
agencies) and the act of July 13, 1988 (P.L.530, No.94), known
as the Environmental Hearing Board Act.
Section 1314. Limitation on action.
The provisions of any other statute to the contrary
notwithstanding, actions for civil or criminal penalties under
this act may be commenced at any time within a period of 20
years from the date the offense is discovered.
Section 1315. Collection of fines and penalties.
All fines and penalties shall be collectible in any manner
provided by law for the collection of debts. If any person
liable to pay any such penalty neglects or refuses to pay the
same after demand, the amount, together with interest and any
costs that may accrue, shall be a judgment in favor of the
Commonwealth upon the property of such person, but only after
same has been entered and docketed of record by the prothonotary
of the county where such property is situated. The department
may at any time transmit to the prothonotaries of the respective
counties certified copies of all such judgments, and it shall be
the duty of each prothonotary to enter and docket the same of
record in his office and to index the same as judgments are
indexed, without requiring the payment of costs as a condition
precedent to the entry thereof.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Start-up costs.
The Governor is hereby authorized to transfer $2,500,000, or
as much thereof as may be necessary, from the Hazardous Sites
Cleanup Fund created by section 602.3 of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, to the
Storage Tank Fund to begin development and operation of the
Aboveground and Underground Storage Tank Programs and to the
Underground Storage Tank Indemnification Fund to be used for the
initial administrative expenses of the Underground Storage Tank
Indemnification Board. All transferred funds from the Hazardous
Sites Cleanup Fund shall be repaid to that fund from funds in
the Storage Tank Fund or the Underground Storage Tank
Indemnification Fund within two years of the transfer. Such
transfers shall be made hereunder upon warrant of the State
Treasurer upon requisition by the Governor.
Section 2102. Saved from repeal.
The following acts which are repealed in section 2104 are
saved from repeal to the extent that such acts provide authority
for the regulation and prevention of fire or explosive hazards
at aboveground or underground storage tanks:
Act of June 8, 1911 (P.L.705, No.281), entitled "An act
creating the office of Fire Marshal, to be attached to the
Department of Public Safety in cities of the first class;
prescribing his duties and powers; and providing penalties for
violations of the provisions of the act; and providing for the

method of appointment, compensation, and for the maintenance of
his office."
Act of April 27, 1927 (P.L.450, No.291), referred to as the
State Fire Marshal Law.
Act of July 28, 1953 (P.L.723, No.230), known as the Second
Class County Code.
Section 2103. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 2104. Repeals.
The following acts and parts of acts are repealed to the
extent specified:
Act of June 8, 1911 (P.L.705, No.281), entitled "An act
creating the office of Fire Marshal, to be attached to the
Department of Public Safety in cities of the first class;
prescribing his duties and powers; and providing penalties for
violations of the provisions of the act; and providing for the
method of appointment, compensation, and for the maintenance of
his office," insofar as it is inconsistent with this act.
Act of April 27, 1927 (P.L.450, No.291), referred to as the
State Fire Marshal Law, insofar as the State Fire Marshal and
the Pennsylvania State Police are authorized to adopt and
enforce rules and regulations governing the use, storage and
sale and retention of gasoline, naphthalene, kerosene, fuel oil
or other substances of like character, only to the extent that
said act, rules and regulations are inconsistent with the
provisions of this act.
Act of July 28, 1953 (P.L.723, No.230), known as the Second
Class County Code, insofar as it is inconsistent with this act.
Act of November 26, 1978 (P.L.1300, No. 314), known as the
Underground Storage Act, insofar as it is inconsistent with this
act.
Section 2105. Effective date.
This act shall take effect in 30 days.

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