Environmental Resources - 27 Pa. Cons. Stat.

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PART I. PRELIMINARY PROVISIONS
Chapter 7. Agricultural Advisory Board

• § 701.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 702.  Establishment of board.
  (a) Creation.--There is hereby established in the department the Agricultural Advisory Board. (b) Members.--The following persons shall comprise the board: (1) Representatives of the Pennsylvania ...
• § 703.  Powers of board.
  (a) General rule.--The board shall have the following powers: (1) Provide advice and expertise to the secretary regarding the nature of agriculture in this Commonwealth. ...
• § 704.  Review of regulations.
  (a) Notice to board.--The department shall notify the board of the development of any regulatory proposal which would regulate agriculture as early as possible but ...

PART II. ADMINISTRATIVE PROVISIONS (Reserved)
PART III. CONSERVATION AND NATURAL RESOURCES
Chapter 31. Water Resources Planning
Subchapter A. General Provisions

• § 3101.  Scope.
  This chapter deals with water resources planning. ...
• § 3102.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 3103.  Intergovernmental cooperation and coordination.
  The Statewide committee, the regional committees and the department shall cooperate and coordinate with appropriate Compact Basin Commissions and Federal, interstate, State and political subdivisions, ...
• § 3104.  Administrative agreements with other agencies.
  In consultation with the Statewide committee, the department shall, to the extent practicable, enter into administrative agreements with appropriate Compact Basin Commissions and Federal, State, ...

Subchapter B. Water Resources Planning

• § 3111.  State water plan.
  (a) Preparation and adoption.--In accordance with this chapter and with ongoing consultation with the Statewide committee and the department, each regional committee shall guide the ...
• § 3112.  Plan contents.
  (a) General rule.--The State water plan and regional plan shall include: (1) An inventory of the surface water resources of each region of this Commonwealth, ...
• § 3113.  Regional committees.
  (a) Creation.--There is created within the department a regional committee for each of the following regions in this Commonwealth: (1) The watershed drainage area of ...
• § 3114.  Statewide Water Resources Committee.
  (a) Establishment.--There is established within the department the Statewide Water Resources Committee. The purpose of the committee is to coordinate the development of the State ...
• § 3115.  Development, adoption, amendment and periodic review of State water plan.
  § 3115. Development, adoption, amendment and periodic review of State water plan. (a) Preparation of State water plan.-- (1) A State water plan shall be ...
• § 3116.  Use of plan.
  (a) General use of plan.--The State water plan is intended to serve as a policy and guidance document, providing information, objectives, priorities and recommendations to ...
• § 3117.  Statewide data system.
  (a) General rule.--In cooperation with the Compact Basin Commissions and Federal, State and regional agencies with responsibilities relating to water resources management, the department shall ...
• § 3118.  Water use registration and reporting.
  (a) Interim registration program.--Pending the adoption of regulations for registration and reporting under subsection (b), each public water supply agency and each hydropower facility, irrespective ...
• § 3119.  Confidential information.
  (a) General rule.--Except as provided in subsection (b), information required to be submitted to the department under this chapter shall be subject to the provisions ...
• § 3120.  Water conservation.
  (a) Technical assistance center.--The department shall establish and maintain a water resources technical assistance center to promote voluntary water conservation and to provide technical assistance ...
• § 3121.  Grants.
  (a) Authorization.--The department is authorized to provide grants for the following purposes: (1) Reimbursement of up to 75% of the cost of preparing a voluntary ...

Subchapter C. Administration and Enforcement

• § 3131.  Administration.
  (a) Use of funds.--The department shall use fees collected from the use of the Statewide data system to defray the reasonable costs of administering sections ...
• § 3132.  Public nuisance.
  (a) General rule.--A violation of this chapter or an order or regulation under this chapter shall constitute a public nuisance. (b) Applicability of other law.--Nothing ...
• § 3133.  Enforcement orders.
  (a) Issuance.--The department may issue orders necessary to aid in the enforcement of this chapter. An order may be issued if the department finds that ...
• § 3134.  Civil remedies.
  (a) Abatement of nuisances.--An activity or condition declared to be a public nuisance under section 3132 (relating to public nuisance) shall be restrained or prevented ...
• § 3135.  Preservation of rights and remedies.
  (a) Other remedies.--The collection of a penalty under this chapter shall not be construed as estopping the Commonwealth, a municipality or an authorized agency from ...
• § 3136.  Relation to other laws.
  (a) Limitations upon department.--Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department, including the Environmental ...

PART IV. ENVIRONMENTAL PROTECTION
Chapter 41. Environmental Laboratory Accreditation

• § 4101.  Scope of chapter.
  This chapter deals with environmental laboratory accreditation. ...
• § 4102.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 4103.  Establishment of program.
  (a) Establishment.--The department shall establish an accreditation program for environmental laboratories. (b) Accreditation.--An environmental laboratory must be accredited under this chapter and be in compliance ...
• § 4104.  Powers and duties.
  The department shall have the following powers and duties: (1) Establish, administer and enforce an environmental laboratory accreditation program which shall include accreditation standards necessary ...
• § 4105.  Powers and duties of Environmental Quality Board.
  (a) General rule.--The Environmental Quality Board shall adopt regulations as necessary to implement this chapter, to include the establishment of: (1) Testing or analysis to ...
• § 4106.  Requirements of certificate of accreditation.
  (a) Forms.--Applications, certificates and other documents shall be in a form prescribed by the department. (b) General requirements.--An environmental laboratory shall have the staff, management ...
• § 4107.  Interim requirements.
  (a) Registration.--All environmental laboratories shall register with the department by October 2, 2002, on a registration form prepared by the department. An environmental laboratory which ...
• § 4108.  Advisory committee.
  The secretary shall appoint a Laboratory Accreditation Advisory Committee to provide technical assistance under this chapter. The committee shall consist of 11 members, including the ...
• § 4109.  Unlawful conduct.
  (a) General rule.--It shall be unlawful for a person to violate or to cause or assist in the violation of this chapter, to fail to ...
• § 4110.  Penalties.
  (a) Criminal penalties.-- (1) A person who knowingly, willfully or recklessly misrepresents that a test or an environmental sample is accurate or was performed in ...
• § 4111.  Records.
  Records required under this chapter shall be maintained for five years unless otherwise specified in regulation. ...
• § 4112.  Whistleblower protection.
  An employee of an environmental laboratory covered by this chapter shall be deemed to be an employee under the act of December 12, 1986 (P.L.1559, ...
• § 4113.  Continuation of existing rules and regulations.
  All existing rules and regulations promulgated pursuant to any environmental statute remain in full force and effect until superseded and repealed by the rules and ...

PART V. SPECIAL PROGRAMS
Chapter 61. Environmental Stewardship and Watershed Protection

• § 6101.  Short title of chapter.
  This chapter shall be known and may be cited as the Environmental Stewardship and Watershed Protection Act. ...
• § 6102.  Legislative findings.
  The General Assembly hereby determines, declares and finds as follows: (1) Ninety-six percent of the water-quality-impaired watersheds in this Commonwealth are polluted because of nonpoint ...
• § 6103.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 6104.  Fund.
  (a) Establishment.--There is established a special fund in the State Treasury, to be known as the Environmental Stewardship Fund. (b) Sources.-- (1) Money appropriated by ...
• § 6105.  Agencies.
  (a) The Department of Conservation and Natural Resources.-- (1) The Department of Conservation and Natural Resources shall utilize money it receives from the fund for ...
• § 6106.  Property and equipment restrictions.
  (a) Prohibition.--Recipients of grants under this chapter may not dispose of or convert property or equipment acquired with a grant for purposes other than the ...
• § 6107.  Federal programs.
  Agencies may utilize available Federal funds to augment funds available under this chapter. ...
• § 6108.  Wild Resource Conservation Fund and duties of Department of Conservation and Natural Resources.
  § 6108. Wild Resource Conservation Fund and duties of Department of Conservation and Natural Resources. (a) Appropriation.--The moneys contained in the Wild Resource Conservation Fund ...
• § 6109.  Sewage construction payments to municipalities.
  (a) Certain payments permitted.--A county or other municipality, municipal authority or school district receiving payments on the effective date of this chapter pursuant to the ...
• § 6110.  Environmental infrastructure grants to water and wastewater treatment facilities (Deleted by amendment).
  § 6110. Environmental infrastructure grants to water and wastewater treatment facilities (Deleted by amendment). 2005 Amendment. Section 6110 was deleted by amendment July 13, 2005, ...
• § 6111.  Protection of Recycling Fund.
  (a) Market development funding.--The Department of Environmental Protection, on an annual basis, shall provide sufficient moneys for market development from the Recycling Fund to promote ...
• § 6112.  Extension of fees.
  (a) Recycling fee.--(Repealed). (b) Fee established.--Each operator of a municipal waste landfill shall pay, in the same manner prescribed in section 701 of the Municipal ...
• § 6113.  Effect of repeal of site-specific postclosure fund provisions.
  § 6113. Effect of repeal of site-specific postclosure fund provisions. (a) General rule.--Prior to certification of final closure and release by the Department of Environmental ...
• § 6115.  Commonwealth indebtedness.
  (a) Borrowing authorized.-- (1) Pursuant to section 7(a)(3) of Article VIII of the Constitution of Pennsylvania and the act of April 13, 2005 (P.L.1, No.1), ...
• § 6116.  Establishment of bond fund and allocation and use of bond proceeds.
  § 6116. Establishment of bond fund and allocation and use of bond proceeds. (a) Establishment of bond fund.--There is hereby established a special fund in ...
• § 6117.  County Environmental Initiative Program.
  (a) Establishment.--There is established the County Environmental Initiative Program. From within the amounts allocated in section 6116(c)(1), (2), (3) and (4) (relating to establishment of ...
• § 6118.  Interfund transfer.
  (a) Transfer.--The Secretary of the Budget, in his discretion, may annually transfer funds from the Alternative Fuels Incentive Fund to the fund in such amounts ...
• § 6119.  Reporting.
  (a) State departments and agencies.--Every State department and agency receiving funds under this chapter shall publish a report of all projects funded on the department ...

Chapter 62. Waste Transportation Safety

• § 6201.  Short title of chapter.
  This chapter shall be known and may be cited as the Waste Transportation Safety Act. ...
• § 6202.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 6203.  Establishment of program.
  (a) Establishment.--A Waste Transportation Safety Program is established to protect the public health, safety and welfare and the environment. (b) Duties.--The Waste Transportation Safety Program ...
• § 6204.  Waste Transportation Safety Program.
  (a) Written authorization required.--It shall be unlawful for a transporter to operate a waste transportation vehicle without obtaining written authorization from the department. (b) Interim ...
• § 6205.  Compliance history review.
  (a) Transporter noncompliance.--In carrying out the provisions of this chapter, the department may deny, suspend, modify or revoke any written authorization if it finds or ...
• § 6206.  Responsibilities of municipal or residual waste processing or disposal facilities.
  § 6206. Responsibilities of municipal or residual waste processing or disposal facilities. (a) General rule.--No municipal or residual waste processing or disposal facility shall accept ...
• § 6207.  Enforcement.
  (a) Authority of qualified Commonwealth employees.--A qualified Commonwealth employee shall be authorized to assist the department in enforcing provisions of this chapter. The authority granted ...
• § 6208.  Penalties.
  (a) Criminal penalties.--A transporter who violates the provisions of this chapter commits a misdemeanor of the third degree and, upon conviction for the first offense, ...
• § 6209.  Construction of chapter.
  (a) Liberal construction.--This chapter shall be liberally construed so as best to effectuate the goals and purposes of this chapter. (b) Pari materia.--This chapter shall ...

Chapter 63. Disposal Fee

• § 6301.  Disposal fee for municipal waste landfills.
  (a) Imposition.--Except as otherwise provided in subsection (b), each operator of a municipal waste landfill shall pay, in the same manner prescribed in Chapter 7 ...
• § 6302.  Deposit of disposal fee.
  (1) For the fiscal year 2002-2003, fees received by the department pursuant to section 6301 (relating to disposal fee for municipal waste landfills) shall be ...
• § 6303.  Surcharge.
  (a) Owners and operators.--The owner or operator of a municipal waste landfill which collects and remits the fee established pursuant to section 6301 (relating to ...
• § 6304.  Sunset (Deleted by amendment).
  § 6304. Sunset (Deleted by amendment). 2005 Amendment. Section 6304 was deleted by amendment July 13, 2005, P.L.213, No.45, effective immediately. ...
• § 6305.  Allocation for Environmental Stewardship Fund.
  For fiscal years 2002-2003 through 2006-2007, the department shall utilize 10% of the money allocated annually to it under section 6104(d) (relating to fund) to ...
• § 6306.  Adjustments.
  When the Governor's proposed budget for the upcoming fiscal year, as submitted pursuant to section 12 of Article VIII of the Constitution of Pennsylvania, contains ...

PART VI. SANCTIONS AND REMEDIES
SUBPART A. GENERAL PROVISIONS

Chapter 77. Costs and Fees

• § 7707.  Participation in environmental law or regulation.
  A person that successfully defends against an action under Chapter 83 (relating to participation in environmental law or regulation) shall be awarded reasonable attorney fees ...
• § 7708.  Costs for mining proceedings.
  (a) Purpose.--This section establishes costs and fees available in proceedings involving coal mining activities. The purpose of this section is to provide costs and fees ...
SUBPART C. IMMUNITY

Chapter 81. Good Samaritan

• § 8101.  Short title of chapter.
  This chapter shall be known and may be cited as the Environmental Good Samaritan Act. ...
• § 8102.  Findings.
  The General Assembly finds and declares as follows: (1) This Commonwealth's long history of mining and the extraction of oil and gas has left some ...
• § 8103.  Purpose.
  This chapter is intended to encourage the improvement of land and water adversely affected by mining and oil and gas extraction, to aid in the ...
• § 8104.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 8105.  Eligibility and project inventory.
  (a) General rule.--A landowner or person who voluntarily provides equipment, materials or services at no charge or at cost for a reclamation project or a ...
• § 8106.  Landowner liability limitation and exceptions.
  (a) General rule.--Except as specifically provided in subsections (b) and (c), a landowner who provides access to the land, without charge or other consideration, which ...
• § 8107.  Project liability limitation and exceptions.
  (a) General rule.--Except as specifically provided in subsection (b), a person who provides equipment, materials or services at no cost or at cost for a ...
• § 8108.  Permits and zoning.
  Nothing in this chapter shall be construed as waiving any existing permit requirements or waiving any local zoning requirements. ...
• § 8109.  Relationship to Federal and State programs.
  The provisions of this chapter shall not prevent the Commonwealth from enforcing requirements necessary or imposed by the Federal Government as a condition to receiving ...
• § 8110.  General permits.
  If the department determines it will further the purposes of this chapter, the department may issue a general permit for each reclamation project or water ...
• § 8111.  Exceptions.
  (a) General rule.--Any person who under existing law shall be or may become responsible to reclaim the land or treat or abate the water pollution ...
• § 8112.  Water supply replacement.
  A public or private water supply affected by contamination or the diminution caused by the implementation of a reclamation project or the implementation of a ...
• § 8113.  Orphan oil and gas wells.
  A reclamation project or water pollution abatement project shall not be implemented in a manner which will limit access to an orphan gas well or ...
• § 8114.  Regulations.
  The department may promulgate rules and regulations necessary to implement the provisions of this chapter. ...

Chapter 83. Participation in Environmental Law or Regulation

• § 8301.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 8302.  Immunity.
  (a) General rule.--Except as provided in subsection (b), a person that, pursuant to Federal or State law, files an action in the courts of this ...
• § 8303.  Right to a hearing.
  A person who wishes to raise the defense of immunity from civil liability under this chapter may file a motion with the court requesting the ...
• § 8304.  Intervention.
  A government agency has the right to petition to intervene or otherwise participate as an amicus curiae in the action involving public petition and participation. ...
• § 8305.  Construction.
  Nothing in this chapter shall be construed to limit any constitutional, statutory or common law protections of defendants to actions involving public petition and participation. ...

Last modified: November 22, 2007