25 Pa. Code § 245.303 - General requirements
(a) For a
corrective action required by this subchapter, the Department may do one or
more of the following:
(1) Direct or order the
responsible party to perform the corrective action.
(2) Perform the corrective action.
(3) Direct that the corrective action be
performed by a third party.
(4)
Seek other appropriate administrative or court ordered relief.
(b) For a corrective action
required by this subchapter, the Department may collect or recover, from the
responsible party, the Department's costs and expenses involved in taking
corrective action in accordance with this subchapter, authorizing a third party
to take corrective action under this subchapter and initiating cost recovery
actions under this subchapter. The Department may collect the amount in the
same manner as civil penalties are collected under section 1307(b) of the act
(35
P. S. §
6021.1307(b)).
(c) For corrective actions required by this
subchapter, it will 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 system is liable, without proof of fault, negligence
or causation, for damage, contamination or pollution within 2,500 feet of the
perimeter of the site of a storage tank system containing or which contained a
regulated substance of the type which caused the damage, contamination or
pollution. The presumption may be overcome by clear and convincing evidence
that the person so charged did not contribute to the damage, contamination or
pollution.
(d) To overcome the
presumption of liability established in subsection (c), the owner or operator
shall affirmatively prove, by clear and convincing evidence, one of the
following:
(1) The damage, contamination or
pollution existed prior to the use of a storage tank system 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 system or
facility.
(2) An adjacent landowner
refused to allow the owner or operator of a storage tank system 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 system.
(4) The owner or operator did not contribute
to the damage, contamination or pollution.
(e) The Department may waive or combine one
or more of the requirements in this subchapter based on:
(1) The nature, extent, type, volume or
complexity of the release, including a release to a containment structure or
facility that is shown to be liquid-tight.
(2) The general characteristics of the site
and the regulated substances which were released.
(3) The corrective action which occurred
subsequent to the release.
(f) The Department's acceptance or approval
of an interim remedial action, site characterization, site characterization
report, remedial action plan, remedial action or remedial action completion
report, does not constitute and may not be construed as a release from civil or
criminal liability in an administrative, civil or criminal
proceeding.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.