An Act amending the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, providing for spill response and residential environmental protection; and, in fund, further providing for Hazardous Sites Cleanup Fund.

PRINTER'S NO. 1470
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1157
Session of
2026
INTRODUCED BY SANTARSIERO, COLLETT, HUGHES, KEARNEY, COMITTA,
HAYWOOD, COSTA, VOGEL, CAPPELLETTI, KANE, SAVAL, MALONE,
TARTAGLIONE AND PISCIOTTANO, FEBRUARY 27, 2026
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 27, 2026
AN ACT
Amending the act of October 18, 1988 (P.L.756, No.108), entitled
"An act providing for the cleanup of hazardous waste sites;
providing further powers and duties of the Department of
Environmental Resources and the Environmental Quality Board;
providing for response and investigations for liability and
cost recovery; establishing the Hazardous Sites Cleanup Fund;
providing for certain fees and for enforcement, remedies and
penalties; and repealing certain provisions relating to the
rate of the capital stock franchise tax," providing for spill
response and residential environmental protection; and, in
fund, further providing for Hazardous Sites Cleanup Fund.
This act may be referred to as the Environmental Cleanup and
Responsibility Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of October 18, 1988 (P.L.756, No.108),
known as the Hazardous Sites Cleanup Act, is amended by adding a
chapter to read:
CHAPTER 6
SPILL RESPONSE AND RESIDENTIAL ENVIRONMENTAL PROTECTION
Section 601. Legislative findings and purposes.
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(a) Findings.--The General Assembly finds and declares as
follows:
(1) Discharges of hazardous substances, including
petroleum and pipeline releases, pose an immediate and
serious threat to public health, private drinking water
supplies and residential communities in this Commonwealth.
(2) Existing State law is not adequate to ensure rapid
and mandatory cleanup of active spills in residential areas.
(3) Section 27 of Article I of the Constitution of
Pennsylvania guarantees the people the right to clean air,
pure water and the preservation of the natural, scenic,
historic and esthetic values of the environment.
(4) In accordance with section 27 of Article I of the
Constitution of Pennsylvania, the Commonwealth has a trustee
obligation to conserve and maintain public natural resources
for the benefit of present and future generations.
(b) Purposes.--The purposes of this chapter are to:
(1) Establish a clear and enforceable framework for
immediate response to discharges of hazardous substances.
(2) Require prompt cleanup and removal of contamination
that threatens human health or the environment.
(3) Authorize the department to act immediately and
recover costs from responsible persons.
(4) Ensure restoration of environmental conditions
consistent with the constitutional rights of the people of
this Commonwealth.
Section 602. 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 otherwise:
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"Discharge." The spilling, leaking, pumping, pouring,
emitting, emptying, escaping, leaching, dumping or disposing of
a hazardous substance into the environment, including soil,
groundwater, surface water or indoor air.
"Hazardous substance." As follows:
(1) For purposes of this chapter only, a substance that,
when discharged into the environment, presents or may present
a threat to public health, safety or the environment,
including any of the following:
(i) Petroleum, crude oil, gasoline, jet fuel, diesel
fuel, fuel oil and petroleum products.
(ii) A hazardous substance as defined in 42 U.S.C. §
9601(14) (relating to definitions).
(iii) A substance designated as hazardous by a
regulation promulgated by the department.
(2) The term shall not be construed to expand or modify
the definition of hazardous substance or hazardous waste
under any other provision of this act.
"Immediate environmental concern." A condition resulting
from a discharge that presents or may present an immediate or
substantial threat to human health, safety or the environment,
including impacts to residential areas, private drinking water
wells, occupied structures or natural resources.
"Residential area." An area used or zoned for residential
purposes, including areas served by public or private drinking
water wells.
"Responsible person." A person who has discharged a
hazardous substance or is otherwise responsible for a hazardous
substance, including an owner, operator, transporter or a person
otherwise liable under this act.
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Section 603. Duty to contain, clean up and remove discharges.
(a) Immediate actions.--Whenever a discharge of a hazardous
substance occurs, a responsible person shall immediately take
all actions necessary to contain, clean up and remove the
discharge.
(b) Strict liability.--A responsible person shall be
strictly liable, without regard to fault, for compliance with
the duties and requirements imposed under this chapter. If more
than one responsible person is liable, the responsible persons
shall be jointly and severally liable for compliance with this
chapter.
(c) Duration.--A responsible person's duty to contain, clean
up and remove a discharge shall continue until the department
determines that the responsible person has achieved the cleanup
standards specified under this chapter.
Section 604. Department authority and spill directives.
(a) Directives.--To address a discharge, the department may
issue a written or oral directive requiring a responsible person
to do any of the following:
(1) Perform containment, cleanup, removal, investigation
or remediation actions specified by the department.
(2) Comply with deadlines and other timelines specified
by the department for investigation, containment or
remediation.
(3) Submit sampling data, plans or reports required by
the department.
(b) Department access and response.--To respond to a
discharge, the department may:
(1) enter property to conduct response actions; and
(2) undertake cleanup and removal when necessary to
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protect public health or the environment.
(c) Violation.--A responsible person who fails to comply
with a directive issued under this section violates this act.
Section 605. Cleanup standards.
(a) Constitutional standard.--A responsible person shall
conduct cleanup and removal to achieve conditions consistent
with section 27 of Article I of the Constitution of Pennsylvania
to provide for clean air, pure water and the preservation of the
natural, scenic, historic and esthetic values of this
Commonwealth's environment.
(b) Residential cleanup standard.--If a discharge affects or
threatens a residential area, a responsible person shall conduct
cleanup and removal to achieve standards for unrestricted
residential use, including all of the following:
(1) Protect potable groundwater.
(2) Prevent exposure through direct contact with
contaminated soil.
(3) Protect indoor and outdoor air from vapor intrusion.
(c) Standards established by regulation.--
(1) The board shall promulgate regulations establishing
cleanup standards under this chapter. The department shall
apply the standards in administering this chapter. The
standards shall constitute minimum requirements. The
department may not waive a standard unless the department
issues a written determination that an alternative provides
equal or greater protection.
(2) In order to facilitate the prompt implementation of
paragraph (1), the board shall promulgate temporary
regulations that shall expire no later than two years
following the publication of the temporary regulations. The
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board may promulgate temporary regulations not subject to:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(3) The board's authority to adopt temporary regulations
under paragraph (2) shall expire two years after the
effective date of this paragraph. Regulations adopted after
this period shall be promulgated as provided by law.
(d) Limits on institutional or engineering controls.--A
responsible person may not rely on institutional or engineering
controls as the sole remedy in a residential area unless the
department determines both of the following:
(1) Complete removal is infeasible.
(2) The controls provide long-term protection consistent
with subsection (a).
Section 606. Mandatory timelines.
(a) Required time frames.--Upon identification of an
immediate environmental concern, the department shall require a
responsible person to do all of the following:
(1) Immediately undertake containment actions.
(2) Complete a preliminary site assessment within 30
days.
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(3) Complete a remedial investigation within 90 days,
including the delineation of the nature and extent of
contamination.
(4) Implement remediation in accordance with a schedule
approved by the department.
(b) Extensions.--The department may extend a time frame
under subsection (a) for good cause based on site conditions.
The department shall provide written justification for an
extension under this subsection.
Section 607. Department cleanup and cost recovery.
(a) Department action.--If a responsible person fails to
comply with this chapter or a directive issued under section
604, the department may undertake cleanup and removal.
(b) Recovery of costs.--A responsible person shall be liable
to the Commonwealth for all costs the department incurs under
this section, including all of the following:
(1) Cleanup and removal costs.
(2) Investigation and monitoring costs.
(3) Administrative, legal and oversight costs.
(4) Costs associated with providing alternative water
supplies or other permanent or interim protective measures.
(c) Treble damages.--If the department undertakes cleanup
and removal under subsection (a) due to a responsible person's
failure to comply with a directive issued under section 604, the
responsible person shall be liable to the Commonwealth for
punitive damages in an amount not to exceed three times the
costs incurred.
Section 608. Spill response funding and deposits.
(a) Use of Hazardous Sites Cleanup Fund.--The department may
use the Hazardous Sites Cleanup Fund to pay the costs of
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cleanup, removal, investigation, oversight and emergency
response actions undertaken under this chapter.
(b) Deposits.--Money collected or recovered by the
Commonwealth under this chapter, including amounts recovered
under section 607 and civil penalties assessed for violations of
this chapter, shall be deposited into the Hazardous Sites
Cleanup Fund.
(c) Preservation of other remedies.--Nothing in this section
shall limit the Commonwealth's authority to pursue other
remedies, penalties or damages available under this act or any
other State law.
Section 609. Public information portal.
(a) Establishment.--The department shall establish and
maintain an information portal to provide residents with current
information regarding a discharge that results in an immediate
environmental concern.
(b) Contents.--To the extent practicable, the department
shall include all of the following information in the portal:
(1) The location of the discharge and the area affected,
including the residential area the department identifies.
(2) A plain-language summary of the nature and extent of
contamination known to the department.
(3) A summary of response actions the department
requires or undertakes under this chapter, including a
directive issued under section 604.
(4) The status of investigation, cleanup, removal and
remediation activities, including a time frame or extension
issued under section 606.
(5) Information on protective measures the department
recommends, including the provision of an alternative water
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supply or other permanent or interim protective measure.
(6) Department contact information for complaints,
reports and requests for information regarding the discharge.
(c) Updates.--The department shall update the portal when
the department receives information reflecting a material change
in status.
Section 610. Relationship to other laws.
(a) Supplemental authority.--This chapter shall be construed
as supplemental to other provisions of this act. Nothing in this
chapter shall be construed to limit the department's authority
under this act or any other State law pertaining to the
environment.
(b) Land Recycling and Environmental Remediation Standards
Act.--Compliance with the act of May 19, 1995 (P.L.4, No.2),
known as the Land Recycling and Environmental Remediation
Standards Act, shall not relieve a responsible person of a duty
imposed under this chapter.
(c) No liability protection.--Cleanup conducted under this
chapter shall not confer liability protection. A responsible
person may claim liability protection based solely on cleanup
conducted under this chapter only if the department expressly
approves the cleanup for that purpose.
Section 2. Section 901(c) of the act is amended by adding a
paragraph to read:
Section 901. Fund.
* * *
(c) Funds.--Money from the following sources shall be
deposited in the fund:
* * *
(8.1) Money collected or recovered by the Commonwealth
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under Chapter 6.
* * *
Section 3. This act shall take effect in 60 days.
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