27 Pa.C.S. § 6504 — PA Code / Title 27 / Chapter 65 / Section 6504
Contents of environmental covenant.
Status: in_force

(a) Required information.--An environmental covenant must:

(1) state that the instrument is an environmental covenant executed pursuant to this chapter;

(2) contain a legally sufficient description of the real property subject to the environmental covenant;

(3) contain a brief narrative description of the contamination and the remedy;

(4) describe the activity and use limitations on the real property;

(5) identify every holder;

(6) be signed, with the formalities required for a deed, by:

(i) the agency, unless there is a deemed approval under subsection (c)(4);

(ii) every holder; and

(iii) every owner in fee simple of the real property subject to the environmental covenant, unless waived by the agency; and

(7) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) Permitted information.--In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including:

(1) requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting the contamination on the property subject to the environmental covenant;

(2) requirements for periodic reporting describing compliance with the environmental covenant;

(3) rights of access to the property granted in connection with implementation or enforcement of the environmental covenant;

(4) restriction or limitation on amendment or termination of the environmental covenant in addition to those contained in sections 6509 (relating to duration) and 6510 (relating to amendment or termination by consent);

(5) rights of the holder in addition to its right to enforce the environmental covenant under section 6511 (relating to enforcement of environmental covenant); and

(6) a narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination.

(c) Agency.--

(1) Prior to signing a covenant, an agency may review the covenant and provide its conditions for approval.

(2) In addition to other conditions for its approval of an environmental covenant, an agency may require those persons specified by the agency that have interests in the real property to sign the covenant.

(3) Except as set forth in paragraph (4), signature by an agency on an environmental covenant constitutes its approval of the environmental covenant.

(4) Failure of the department to approve or disapprove an environmental covenant within 90 days of receipt of all information reasonably required by the department to make a determination shall be deemed an approval of the environmental covenant.

(5) The department's decision to approve or not approve an environmental covenant is appealable to the board.
27 Pa.C.S. § 7708 — PA Code / Title 27 / Chapter 77 / Section 7708
Costs for mining proceedings.
Status: in_force

(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 to the same extent of section 525(e) of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C. § 1201 et seq.) and the regulations promulgated pursuant thereto. It is hereby determined that it is in the public interest for the Commonwealth to maintain primary jurisdiction over the enforcement and administration of the Surface Mining Control and Reclamation Act of 1977 and that the purpose of this section is to maintain primary jurisdiction over coal mining in this Commonwealth but in no event to authorize standards which are more stringent than Federal standards for the award of costs and fees.

(b) General rule.--Any party may file a petition for award of costs and fees reasonably incurred as a result of that party's participation in any proceeding involving coal mining activities which results in a final adjudication being issued by the Environmental Hearing Board or a final order being issued by an appellate court.

(c) Recipients of awards.--Appropriate costs and fees incurred for a proceeding concerning coal mining activities may be awarded:

(1) To any party from the permittee if:

(i) The party initiates or participates in any proceeding reviewing enforcement actions upon a finding that a violation of a Commonwealth coal mining act, regulation or permit has occurred or that an imminent hazard existed.

(ii) The Environmental Hearing Board determines that the party made a substantial contribution to the full and fair determination of the issues. Except that the contribution of a party who did not initiate a proceeding shall be separate and distinct from the contribution made by a party initiating the proceeding.

(2) To any party, other than a permittee or his representative, from the department if that party:

(i) Initiates or participates in any proceeding concerning coal mining activities.

(ii) Prevails in whole or in part, achieving at least some degree of success on the merits. Upon a finding that the party made a substantial contribution to a full and fair determination of the issues.

(3) To a permittee from the department when the permittee demonstrates that the department in a matter concerning coal mining activities issued an order of cessation, a compliance order or an order to show cause why a permit should not be suspended or revoked, in bad faith and for the purpose of harassing or embarrassing the permittee.

(4) To a permittee from any party where the permittee demonstrates that the party, in bad faith and for the purpose of harassing or embarrassing the permittee:

(i) initiated a proceeding under one or more of the coal mining acts or the regulations promulgated pursuant to any of those acts concerning coal mining activities; or

(ii) participated in such a proceeding in bad faith for the purpose of harassing or embarrassing the permittee.

(d) Time for filing.--The petition for an award of costs and fees shall be filed with the Environmental Hearing Board within 30 days of the date an adjudication of the Environmental Hearing Board becomes final.

(e) Contents of petition.--A petition filed under this section shall include the name of the party from whom costs and fees are sought, and the following shall be submitted in support of the petition:

(1) An affidavit setting forth in detail all reasonable costs and fees reasonably incurred for or in connection with the party's participation in the proceeding.

(2) Receipts or other evidence of such costs and fees.

(3) Where attorney fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area and the experience, reputation and ability of the individual or individuals performing the services.

(f) Answer.--Any party shall have 30 days from service of the petition within which to file an answer to such petition.

(g) Exclusive remedy.--Except for section 601 of the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, section 18.3 of the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, section 13 of the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act, and section 13 of the act of September 24,

1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act, this section shall be the exclusive remedy for the awarding of costs and fees in proceedings involving coal mining activities.

(h) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Coal mining activities." The extraction of coal from the earth, waste or stockpiles, pits or banks by removing the strata or material which overlies or is above or between them or otherwise exposing and retrieving them from the surface, including, but not limited to, strip mining, auger mining, dredging, quarrying and leaching and all surface activity connected with surface or underground coal mining, including, but not limited to, exploration, site preparation, coal processing or cleaning, coal refuse disposal, entry, tunnel, drift, slope, shaft and borehole drilling and construction, road construction, use, maintenance and reclamation, water supply restoration or replacement, repair or compensation for damages to structures caused by underground coal mining and all activities related thereto.

"Coal mining acts." The provisions of the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law, the act of May 31, 1945 (P.L.1198, No.418), known as the Surface Mining Conservation and Reclamation Act, the act of April 27, 1966 (1st Sp.Sess., P.L.31, No.1), known as The Bituminous Mine Subsidence and Land Conservation Act, and the act of September 24, 1968 (P.L.1040, No.318), known as the Coal Refuse Disposal Control Act, which govern coal mining or activities related to coal mining.

"Costs and fees." All reasonable costs and expenses, including attorney fees and expert witness fees, reasonably incurred as a result of participation in a proceeding involving coal mining activities.

"Department." The Department of Environmental Protection of the Commonwealth.

"Proceeding." Appeals of final Department of Environmental Protection actions before the Environmental Hearing Board and judicial review of Environmental Hearing Board adjudications. Effective Date. Section 4(1)(i) of Act 138 of 2000 provided that section 7708 shall take effect immediately. Applicability. Section 3 of Act 138 of 2000 provided that section 7708 shall apply to all proceedings and petitions for costs and fees filed after the effective date of Act 138. SUBPART C IMMUNITY Chapter 81. Good Samaritan 83. Participation in Environmental Law or Regulation Enactment. Subpart C was added December 15, 1999, P.L.949, No.68, effective December 31, 1999.
27 Pa.C.S. § 4106 — PA Code / Title 27 / Chapter 41 / Section 4106
Requirements of certificate of accreditation.
Status: in_force

(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 structure, equipment, quality assurance and quality control procedures and recordkeeping procedures necessary to ensure that the environmental laboratory generates valid and accurate test results in accordance with all conditions of accreditation and this chapter.

(c) Laboratory supervisor.--Testing, analysis and reporting of data by an accredited laboratory shall be under the direct supervision of a laboratory supervisor. The laboratory supervisor shall certify that each test or analysis is accurate and valid and that the test or analysis was performed in accordance with all conditions of accreditation. The department may disqualify a laboratory supervisor who is responsible for the submission of inaccurate test or analysis results.

(d) Access to records and data.--An accredited laboratory shall provide the department with access to inspect records and data maintained under this chapter and to conduct tests and sampling related to inspections.
27 Pa.C.S. § 3101 — PA Code / Title 27 / Chapter 31 / Section 3101
Scope.
Status: in_force

This chapter deals with water resources planning.
27 Pa.C.S. § 3104 — PA Code / Title 27 / Chapter 31 / Section 3104
Administrative agreements with other agencies.
Status: in_force

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, interstate, municipal and other agencies for the following purposes:

(1) To avoid unnecessary duplication of staff functions and facilitate coordinated review of projects and actions within the jurisdiction of such agencies.

(2) To provide a coordinated system for registration of significant water uses and the coordinated collection and maintenance of data regarding water resources.

(3) To provide for coordinated inspection, monitoring and enforcement of applicable statutes and regulations, provided that nothing in this section shall be deemed to confer enforcement authority on the Statewide committee.

(4) To accept delegations of authority from or obtain the services and assistance of a Compact Basin Commission or Federal or interstate agency concerning planning for the maintenance and enhancement of water resources. Nothing in this paragraph shall be construed to authorize a delegation to the Statewide committee or the department of any power to regulate, control or require permits for the withdrawal or use of water.

(5) To ensure coordinated and effective responses to water resources emergencies in conjunction with the Pennsylvania Emergency Management Agency and the Compact Basin Commissions.
27 Pa.C.S. § 3135 — PA Code / Title 27 / Chapter 31 / Section 3135
Preservation of rights and remedies.
Status: in_force

(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 proceeding in courts of law or equity to abate public nuisances under existing law.

(b) Remedies additional and cumulative.--It is declared to be the purpose of this section to provide additional and cumulative remedies to protect the public interest in the water resources of this Commonwealth.

(c) Pending suits.--This chapter does not apply to suits instituted prior to its effective date.
27 Pa.C.S. § 6508 — PA Code / Title 27 / Chapter 65 / Section 6508
Recording.
Status: in_force

(a) Requirement.--An environmental covenant, any amendment or termination of the environmental covenant and a waiver under section 6510(a)(3)(i) or (b)(2) (relating to amendment or termination by consent) must be recorded in every county in which any portion of the real property subject to the environmental covenant is located. A recorded environmental covenant or a notice recorded under section 6512 (relating to registry; substitute notice) must be indexed in the grantor's index in the names of the owners of the real property subject to the environmental covenant and in the grantee's index in the name of the holder.

(b) Applicable law.--Except as otherwise provided in section 6509(c) (relating to duration), an environmental covenant is subject to the laws of this Commonwealth governing recording and priority of interests in real property. Recording of an environmental covenant pursuant to the laws of this Commonwealth provides the same constructive notice of the environmental covenant as the recording of a deed provides of an interest in real property.
27 Pa.C.S. § 8101 — PA Code / Title 27 / Chapter 81 / Section 8101
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Environmental Good Samaritan Act.
27 Pa.C.S. § 6113 — PA Code / Title 27 / Chapter 61 / Section 6113
Effect of repeal of site-specific postclosure fund provisions.
Status: in_force

(a) General rule.--Prior to certification of final closure and release by the Department of Environmental Protection of the landfill bond under the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the regulations promulgated thereto, the trustee may release moneys from the trust to the county which established the trust upon written request from the county to the trustee in order for the county to spend the money to fund county conservation districts, protect farmland or accomplish any other purpose authorized by this chapter. Payment of debt service by a county on obligations issued to fund such purposes shall be deemed to be paid for a permitted purpose. Expenditure for farmland preservation must comply with the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.

(b) Limitations.--Moneys in a site-specific postclosure trust that have not been released to the county prior to certification of final closure and release of the landfill bond may be used only for remedial measures and emergency actions that are necessary to prevent or abate adverse effects upon the

environment after closure of the landfill. The county may withdraw actual costs incurred in establishing and administering the trust in an amount not to exceed 0.5% of the moneys deposited in the trust. The trustee may release moneys for remedial measures and emergency actions only upon written request of the operator of a landfill and upon prior written approval by the Department of Environmental Protection. Such request shall include the proposed amount and purpose of the withdrawal and a copy of the Department of Environmental Protection's written approval of the expenditure. A copy of the request shall be provided to the county and the host municipality. A copy of any withdrawal document prepared by the trustee shall be provided to the Department of Environmental Protection, the county and the host municipality. No withdrawal from this trust for remedial measures and emergency actions may be made until after the Department of Environmental Protection has certified closure of the landfill. Moneys remaining in a trust subsequent to certification of final closure of the landfill and release of the landfill's bond shall be given to the county that established the trust for use in a manner consistent with this chapter.

(c) Applicability.--This section shall not apply to any county of the third class having a population under the 1990 Federal Decennial Census of greater than 225,000 but less than 242,500.
27 Pa.C.S. § 3133 — PA Code / Title 27 / Chapter 31 / Section 3133
Enforcement orders.
Status: in_force

(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 a person is in violation of this chapter or of a regulation issued under this chapter. The department may, in its order, require compliance with terms and conditions necessary to effect the purposes of this chapter.

(b) Effective date.--An order issued under this section shall take effect upon notice unless the order specifies otherwise.

(c) Other remedies preserved.--The right of the department to issue an order under this section is in addition to any penalty which may be imposed or any other action taken under this chapter.

(d) Duty to comply.--It shall be the duty of any person to proceed diligently to comply with any order issued by the department under this section. If such person fails to proceed diligently or fails to comply with the order within such time, if any, which may be specified in the order, the person shall be guilty of contempt and shall be punished by the court in an appropriate manner. For this purpose, application may be made by the department to the Commonwealth Court, which court is hereby granted jurisdiction.
27 Pa.C.S. § 6306 — PA Code / Title 27 / Chapter 63 / Section 6306
Adjustments.
Status: in_force

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 a revision to the revenue estimate for the current year of at least 3% less than the official revenue estimate for the current year, the funds deposited pursuant to section 6302(2) (relating to deposit of disposal fee) may be adjusted by transferring or redirecting up to 25% of these deposits to the General Fund.
27 Pa.C.S. § 6507 — PA Code / Title 27 / Chapter 65 / Section 6507
Notice.
Status: in_force

(a) Recipients.--The owner or another person designated by the agency shall provide a copy of a signed environmental covenant as required by the agency to:

(1) all persons who signed the environmental covenant;

(2) all persons holding a recorded interest in the real property subject to the environmental covenant;

(3) all persons in possession of the real property subject to the environmental covenant;

(4) each political subdivision in which real property subject to the environmental covenant is located; and

(5) any other persons the agency requires.

(b) Effect.--Failure to provide a copy of the environmental covenant as required by the agency does not affect the environmental covenant's validity.
27 Pa.C.S. § 3103 — PA Code / Title 27 / Chapter 31 / Section 3103
Intergovernmental cooperation and coordination.
Status: in_force

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, municipalities, public water supply agencies and other agencies for efficient planning for the maintenance and enhancement of the water resources of this Commonwealth.
27 Pa.C.S. § 4103 — PA Code / Title 27 / Chapter 41 / Section 4103
Establishment of program.
Status: in_force

(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 with all the

provisions of this chapter in order to generate data or perform analyses to be used to comply with an environmental statute.

(c) Testing and analysis.--All testing and analysis requirements of an environmental statute shall be performed by an environmental laboratory accredited under this chapter. Testing and analysis shall be performed in accordance with the requirements of this chapter, the environmental statutes and any conditions imposed by the department.
27 Pa.C.S. § 6202 — PA Code / Title 27 / Chapter 62 / Section 6202
Definitions.
Status: in_force

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:

"Combination." Two or more vehicles physically interconnected in tandem.

"Department." The Department of Environmental Protection of the Commonwealth and its authorized representatives.

"Law enforcement officer." A Pennsylvania State Police officer or a police officer certified pursuant to 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

"Motor carrier vehicle." As defined in 75 Pa.C.S. § 102 (relating to definitions). For purposes of this chapter, the terms "truck," "truck tractor" and "combination" refer to vehicles used to transport municipal or residual waste. "Municipal Waste Planning, Recycling and Waste Reduction Act." The act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act,

"Owner." A person other than a lienholder having the property right in or title to a vehicle.

"Qualified Commonwealth employee." Any of the following who have completed training in the inspection or weighing of vehicles as required by 75 Pa.C.S. Chs. 47 (relating to inspection of vehicles) and 49 (relating to size, weight and load):

(1) A law enforcement officer.

(2) A qualified Department of Transportation employee.

"Secretary." The Secretary of Environmental Protection of the Commonwealth.

"Solid Waste Management Act." The act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.

"Transportation." The offsite removal of municipal and residual waste any time after generation.

"Transporter." The owner of a public or private waste transportation vehicle. An individual driving a waste transportation vehicle who is not the owner is not a "transporter" for purposes of this chapter.

"Waste trailer." A vehicle having a registered weight in excess of 10,000 pounds used to carry waste and designed to be towed by a motor vehicle.

"Waste transportation vehicle." Public and private motor carrier vehicles and waste trailers, as defined in this chapter, regularly used in transporting municipal or residual waste to a processing or disposal facility in this Commonwealth. The term does not include vehicles currently registered by the department pursuant to 25 Pa. Code § 285.225 (relating to transportation of residential septage).
27 Pa.C.S. § 3120 — PA Code / Title 27 / Chapter 31 / Section 3120
Water conservation.
Status: in_force

(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 on water resources uses issues, including methods for efficient water use, including reduction of unaccounted-for water loss and the replenishment and conservation of water resources. The center shall:

(1) Establish a voluntary Statewide water conservation program for all water users.

(2) Establish guidelines for the development of voluntary water use reduction plans in critical water planning areas.

(3) Establish voluntary water use reduction goals for all water users.

(4) Identify water conservation principles, practices and technology to assist all water users in conserving water.

(5) Develop a water conservation educational program for households, industry and other water users.

(6) Establish a Governor's Water Conservation Award to recognize outstanding conservation of water.

(7) Develop a program to promote voluntary reduction of unaccounted for water loss.

(8) Identify principles, practices and technologies to encourage groundwater recharge.

(b) Grant approval.--When approving funding pursuant to the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act, the Pennsylvania Infrastructure Investment Authority shall give special consideration to funding projects that:

(1) address unaccounted-for water loss or that implement water conservation practices by a public water supply agency whose unaccounted-for water loss rate exceeds 20%, provided that, as a condition for such assistance, the applicant shall agree to attempt to recover the true cost of service from ratepayers and adopt and implement a water system management program that conforms to minimum standards established by the department, the Pennsylvania Public Utility Commission or any Compact Basin Commission for water metering, meter testing and replacement, leak detection, unaccounted-for water tracking and reporting and conservation education; or

(2) provide for interconnection between water systems to improve reliability. Cross References. Section 3120 is referred to in section 3121 of this title.
27 Pa.C.S. § 702 — PA Code / Title 27 / Chapter 7 / Section 702
Establishment of board.
Status: in_force

(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 Farm Bureau, the Pennsylvania State Grange, PennAg Industries Association and the Pennsylvania Farmers Union. Each of these organizations shall annually name one person to represent it under this paragraph.

(2) A dairy producer, a livestock producer, a poultry producer, a grain producer, a fruit producer, a vegetable producer, a representative of the ornamental horticultural industry, a producer engaged in sustainable agriculture, a representative from the agricultural chemical manufacturers industry and a representative from the agribusiness industry. The Governor shall appoint these representatives to sit for a three-year term. Representatives appointed under this paragraph must receive a majority of their gross income from the activity which they represent. Two of the representatives appointed under this paragraph shall hold an active concentrated animal feeding operation permit as required by the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law.

(3) Representatives of the Pennsylvania Association of Conservation District Directors and The Pennsylvania State University. Each of these organizations shall annually name one person to represent it under this paragraph.

(4) Representatives of the Federal Farm Service Agency and the Federal Natural Resources Conservation Service. Each of these organizations shall annually name one person to represent it under this paragraph ex officio.

(5) Representatives of the Department of Agriculture and the department. Each department shall name a deputy secretary to represent it under this paragraph ex officio. If a named deputy secretary is unable to serve on the board, the deputy secretary must be replaced by another deputy secretary or by the secretary of that same department.

(6) The chairman and the minority chairman of the Agriculture and Rural Affairs Committee of the Senate or their designees and the chairman and the minority chairman of the Agriculture and Rural Affairs Committee of the House of Representatives or their designees to represent the General Assembly.

(c) Chairman.--The board shall annually elect a board chairman from among those members designated or appointed under subsection (b)(1) and (2). No member shall serve as chairman for more than two consecutive years.

(d) Staff.--The department shall furnish the board with administrative support.

(Oct. 24, 2018, P.L.1179, No.162, eff. 60 days) 2018 Amendment. Act 162 amended subsec. (b)(2). Section 3 of Act 162 provided that members of the Nutrient Management Advisory Board and members of the Agricultural Advisory Board, as of the effective date of this section, shall continue to serve as members of their respective boards until their present terms of office expire. Special Provisions in Appendix. See section 4(3) of Act 220 of 2002 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 702 is referred to in section 701 of this title.
27 Pa.C.S. § 8102 — PA Code / Title 27 / Chapter 81 / Section 8102
Findings.
Status: in_force

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 lands and waters unreclaimed and polluted.

(2) These abandoned lands and polluted waters are unproductive, erode the tax base and are serious impediments to the economic welfare and growth of this Commonwealth.

(3) The unreclaimed lands and polluted waters present a danger to the health, safety and welfare of the people and the environment.

(4) This Commonwealth does not possess sufficient resources to reclaim all the abandoned lands and to abate the water pollution.

(5) Numerous landowners, citizens, watershed associations, environmental organizations and governmental entities who do not have a legal responsibility to reclaim the abandoned lands or to abate the water pollution are interested in addressing these problems but are reluctant to engage in such reclamation and abatement activities because of potential liabilities associated with the reclamation and abatement activities.

(6) It is in the best interest of the health, safety and welfare of the people of this Commonwealth and the environment to encourage reclamation of the abandoned lands and abatement of water pollution.
27 Pa.C.S. § 6207 — PA Code / Title 27 / Chapter 62 / Section 6207
Enforcement.
Status: in_force

(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 under this section shall be exercised only when the employee is in uniform and is conducting an inspection of a vehicle as described in 75 Pa.C.S. Chs. 47 (relating to inspection of vehicles) and 49 (relating to size, weight and load).

(b) Training of qualified Commonwealth employees.--The Department of Transportation may train and qualify Commonwealth employees to inspect waste transportation vehicles as authorized under this section and as provided for in 75 Pa.C.S. Chs. 47 and 49. The Department of Transportation shall have the power to adopt regulations to implement this subsection, as necessary.

(c) Disposition.--All fines and penalties collected as a result of violations of this chapter shall be paid into the Waste Transportation Safety Account.
27 Pa.C.S. § 6206 — PA Code / Title 27 / Chapter 62 / Section 6206
Responsibilities of municipal or residual waste processing or disposal facilities.
Status: in_force

(a) General rule.--No municipal or residual waste processing or disposal facility shall accept municipal or residual waste from a waste transportation vehicle without a current authorization sticker issued by the department. Failure to comply with this provision shall result in a penalty assessment of $2,000 against the operator of the processing or disposal facility.

(b) Disposition.--All penalty assessments collected under this section shall be paid into the Waste Transportation Safety Account. Effective Date. Section 5(1) of Act 90 of 2002 provided that subsec. (a) shall take effect in 180 days.
27 Pa.C.S. § 6502 — PA Code / Title 27 / Chapter 65 / Section 6502
Definitions.
Status: in_force

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:

"Activity and use limitations." Restrictions or obligations with respect to real property created under this chapter. The term includes engineering controls and institutional controls.

"Agency." Any of the following:

(1) The Department of Environmental Protection of the Commonwealth.

(2) A Federal agency which determines or approves the environmental response project pursuant to which the environmental covenant is created.

"Board." The Environmental Hearing Board.

"Common interest community." A condominium, cooperative or other real property, with respect to which a person, by virtue of ownership of a parcel of real property or of ownership of an interest in real property, is obligated to pay for property taxes, insurance premiums, maintenance or improvement of other real property described in a recorded covenant which creates the common interest community.

"Department." The Department of Environmental Protection of the Commonwealth.

"Engineering controls." Remedial actions directed exclusively toward containing or controlling the migration of regulated substances through the environment. The term includes slurry walls, liner systems, caps, leachate collection systems and groundwater recovery trenches.

"Environmental covenant." A servitude arising under an environmental response project which imposes activity and use limitations.

"Environmental response project." A plan or work performed for environmental remediation of real property, conducted:

(1) under a Federal program governing environmental remediation of real property;

(2) under a Commonwealth program governing environmental remediation of real property;

(3) incident to closure of a solid or hazardous waste management unit if the closure is conducted with approval of an agency; or

(4) under a Commonwealth voluntary cleanup program authorized by statute.

"Holder." A person that is the grantee of an environmental covenant as specified in section 6503(a) (relating to nature of rights; subordination of interests).

"Institutional controls." Measures undertaken to limit or prohibit certain activities which may interfere with the

integrity of a remedial action or result in exposure to regulated substances at a site. The term includes fencing and restrictions on the future use of the site.

"Land Recycling Act." The act of May 19, 1995 (P.L.4, No.2), known as the Land Recycling and Environmental Remediation Standards Act.

"Person." Any individual, corporation, partnership, association or other entity recognized by law as the subject of rights, duties or obligations. The term includes the United States of America, a Federal agency, the Commonwealth, an agency or instrumentality of the Commonwealth and a political subdivision.

"Record." Information which is:

(1) inscribed on a tangible medium or stored in an electronic or other medium; and

(2) retrievable in perceivable form.

"State." A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
27 Pa.C.S. § 6301 — PA Code / Title 27 / Chapter 63 / Section 6301
Disposal fee for municipal waste landfills.
Status: in_force

(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 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, a disposal fee of $4 per ton

for all solid waste disposed of at the municipal waste landfill. The fee established in this section shall apply to process residue and nonprocessible waste from a resource recovery facility that is disposed of at the municipal waste landfill and is in addition to the fee established in section 701 of the Municipal Waste Planning, Recycling and Waste Reduction Act. The fee established by this subsection shall not be subject to the provisions of section 701(d) of the Municipal Waste Planning, Recycling and Waste Reduction Act.

(b) Exceptions.--The fee established under this section shall not apply to the following:

(1) Process residue and nonprocessible waste that is permitted for beneficial use or for use as alternate daily cover at a municipal waste landfill.

(2) Solid waste from a hazardous waste treatment facility that is converted into nonhazardous waste and disposed of at a municipal waste landfill.

(c) Operator.--For purposes of imposition of the disposal fee under this section, the term "operator" shall be defined consistent with the definition of "operator" in the Municipal Waste Planning, Recycling and Waste Reduction Act and shall include municipalities or municipal authorities that operate disposal facilities. (July 13, 2005, P.L.213, No.45, eff. imd.) 2005 Amendment. Section 7 of Act 45 provided that the amendment of section 6301 shall be retroactive to July 9, 2002. Section 8 of Act 45 provided that the amendment of section 6301 shall be considered as a codification of the law in effect on July 9, 2002. Cross References. Section 6301 is referred to in sections 6302, 6303 of this title.
27 Pa.C.S. § 8113 — PA Code / Title 27 / Chapter 81 / Section 8113
Orphan oil and gas wells.
Status: in_force

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 an orphan oil well.