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Pennsylvania Statutes Title 35 P.S. Health and Safety § 6026.305. Special industrial areas

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(a) Special sites.--For property used for industrial activities where there is no financially viable responsible person to clean up contamination or for land located within enterprise zones designated pursuant to the requirements of the Department of Community Affairs,  1 the review procedures of this section shall apply for persons conducting remediation activities who did not cause or contribute to contamination on the property.  Any environmental remediation undertaken pursuant to this section shall comply with one or more of the standards established in this chapter.

(b) Baseline report.--A baseline remedial investigation shall be conducted on the property based on a work plan approved by the department, and a baseline environmental report shall be submitted to the department to establish a reference point showing existing contamination on the site.  The report shall describe the proposed remediation measures to be undertaken within the limits of cleanup liability found in section 502.  2  The report shall also include a description of the existing or potential public benefits of the use or reuse of the property for employment opportunities, housing, open space, recreation or other use.

(c) Public review.--Persons undertaking the cleanup and reuse of sites under this section shall comply with the following public notice and review requirements:

(1) A notice of intent to remediate a site shall be submitted to the department which provides, to the extent known, a brief description of the location of the site, a listing of the contaminant or contaminants involved and the proposed remediation measures.  The department shall publish an acknowledgment noting receipt of the notice of intent in the Pennsylvania Bulletin.  At the same time a notice of intent to remediate a site is submitted to the department, a copy of the notice shall be provided to the municipality in which the site is located, and a summary of the notice of intent shall be published in a newspaper of general circulation serving the area in which the site is located.

(2) The notices required by this subsection shall include a 30-day public and municipal comment period during which the municipality can request to be involved in the development of the remediation and reuse plans for the site.  If requested by the municipality, the person undertaking the remediation shall develop and implement a public involvement program plan which meets the requirements of section 304(o). 3  Persons undertaking the remediation are encouraged to develop a proactive approach to working with the municipality in developing and implementing remediation and reuse plans.

(d) Department review.--No later than 90 days after the completed environmental report is submitted for review, the department shall determine whether the report adequately identifies the environmental hazards and risks posed by the site.  The comments obtained as a result of a public involvement plan developed under section 304(o) shall also be considered by the department.  The department shall notify the person submitting the report of deficiencies within 90 days.  If the department does not respond within 90 days, the report is considered approved.

(e) Agreement.--The department and the person undertaking the reuse of a special industrial site shall enter into an agreement based on the environmental report which outlines cleanup liability for the property.

(f) Department actions.--A person entering into an agreement pursuant to this section shall not interfere with any subsequent remediation efforts by the department or others to deal with contamination identified in the baseline environmental report so long as it does not disrupt the use of the property.

(g) Deed notice.--Persons entering into agreements pursuant to this section shall be subject to the deed acknowledgment requirements of the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act,  4 or the act of October 18, 1988 (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act,  5 where applicable.

1  Now Department of Community and Economic Development.  See 71 P.S. § 1709.301.
2  35 P.S. § 6026.502.
3  35 P.S. § 6026.304.
4  35 P.S. § 6018.101 et seq.
5  35 P.S. § 6020.101 et seq.

Cite this article: - Pennsylvania Statutes Title 35 P.S. Health and Safety § 6026.305. Special industrial areas - last updated January 01, 2019 |

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