An Act amending the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act, further providing for penalties.

PRINTER'S NO. 3437
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2537
Session of
2026
INTRODUCED BY McNEILL, DONAHUE, PROBST AND CURRY, MAY 26, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, MAY 27, 2026
AN ACT
Amending the act of January 8, 1960 (1959 P.L.2119, No.787),
entitled "An act to provide for the better protection of the
health, general welfare and property of the people of the
Commonwealth by the control, abatement, reduction and
prevention of the pollution of the air by smokes, dusts,
fumes, gases, odors, mists, vapors, pollens and similar
matter, or any combination thereof; imposing certain powers
and duties on the Department of Environmental Resources, the
Environmental Quality Board and the Environmental Hearing
Board; establishing procedures for the protection of health
and public safety during emergency conditions; creating a
stationary air contamination source permit system; providing
additional remedies for abating air pollution; reserving
powers to local political subdivisions, and defining the
relationship between this act and the ordinances, resolutions
and regulations of counties, cities, boroughs, towns and
townships; imposing penalties for violation of this act; and
providing for the power to enjoin violations of this act; and
conferring upon persons aggrieved certain rights and
remedies," further providing for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9(b)(1) of the act of January 8, 1960
(1959 P.L.2119, No.787), known as the Air Pollution Control Act,
is amended and the section is amended by adding a subsection to
read:
Section 9. Penalties.--* * *
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(b) (1) [Any] Except as provided in subsection (b.1), any
person who wilfully or negligently violates any provision of
this act, any rule or regulation adopted under this act or any
order of the department or any condition or term of any plan
approval or 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 one thousand dollars
($1,000.00) nor more than fifty thousand dollars ($50,000.00)
for each separate offense or to imprisonment for a period of not
more than two (2) years for each separate offense, or both.
* * *
(b.1) (1) Any person who wilfully or negligently violates
any provision of this act, any rule or regulation adopted under
this act or any order of the department or any condition or term
of any plan approval or permit issued pursuant to this act as it
relates to malodors commits a misdemeanor of the second degree
and shall, upon conviction, be sentenced to pay a fine of not
less than the following for each separate offense:
(i) One hundred fifty thousand dollars ($150,000) for a
first violation.
(ii) Two hundred thousand dollars ($200,000) for a second
violation.
(iii) Two hundred fifty thousand dollars ($250,000) for a
third violation.
(2) If thirty (30) days have elapsed from the notice to a
person regarding a third violation under clause (1) and the
person has not resolved the causes of the malodors that led to
the violation, the person shall cease operations until the
malodor violation is resolved.
(3) If a person is required to cease operations under clause
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(2) and the person subsequently resolves the malodor violation
pending the approval of the department, the person may continue
operations.
(4) If a person receives notice of an additional malodor
violation after continuing operations in accordance with clause
(3), the person shall be subject to the penalties under clauses
(1) and (2).
* * *
Section 2. This act shall take effect in 60 days.
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