Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.707. De minimis settlements

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Expedited final settlement.--Whenever practicable and in the public interest, the department may as promptly as possible reach a final settlement with a responsible person in an administrative or civil action if such settlement involves only a minor portion of the response costs at the site concerned and if either of the following conditions are met:

(1) Both of the following are minimal in comparison to other hazardous substances contributed at the site by all known and financially viable responsible persons:

(i) The amount of the hazardous substances contributed by that person to the site.

(ii) The toxic or other hazardous effects of the substances contributed by that person to the site.

(2) The responsible person:

(i) is the owner of the real property on or in which the site is located;

(ii) did not conduct or permit the generation, transportation, storage, treatment or disposal of any hazardous substance at the site; and

(iii) did not contribute to the release or threatened release of a hazardous substance at the site through any act or omission.

(3) Paragraph (2) shall not apply if the responsible person acquired the real property with actual or constructive knowledge that the property was used for the generation, transportation, storage, treatment or disposal of any hazardous substance.

(b) Covenant not to sue.--The department may provide a covenant not to sue pursuant to the provisions of section 706  1 with respect to future liability at the site concerned to any person who has entered into a de minimis settlement under this section.

(c) Responsibility.--Any person who reaches an agreement pursuant to this section shall be responsible only for that person's proportional share of response costs and damages assessed under section 702.  2

1 35 P.S. § 6020.706.
2 35 P.S. § 6020.702.
Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.707. De minimis settlements - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-6020-707/

Read this complete Pennsylvania Statutes Title 35 P.S. Health and Safety § 6020.707. De minimis settlements on Westlaw. Westlaw subscription required.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Was this helpful?

Search all Pennsylvania Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard