reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6112 - Extension of fees

§ 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--(Repealed).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 Waste Planning, Recycling and Waste Reduction Act, an amount equal to 25¢ per ton of weighted waste or 25¢ per three cubic yards of volume-measured waste for all solid waste received at the landfill. The fee established by this subsection shall be paid to the State Treasury and deposited into the fund and shall not be subject to the provisions of section 701(d) of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act. (Dec. 9, 2002, P.L.1404, No.175, eff. imd.; July 13, 2005, P.L.213, No.45, eff. imd.)
Cross References.
Section 6112 is referred to in section 6104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6117 - County Environmental Initiative Program

§ 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 bond fund and allocation and use of bond proceeds), $90,000,000 shall be available for capital improvement projects designated by counties as set forth in this section.
(b) Amount of funding.
--Each county shall be provided with an annual funding amount according to its class as designated by the laws of this Commonwealth. Amounts shall be annually determined by the Secretary of the Budget, who shall notify the counties of the same on or before October 1 of each year. Within the first six fiscal years after the effective date of this section, each county shall receive the following amounts:
(1) Counties of the first, second and second A class - $2,700,000.
(2) Counties of the third class - $1,750,000.
(3) Counties of the fourth and fifth class - $1,390,000.
(4) Counties of the sixth, seventh and eighth class - $1,000,000.
(c) Capital improvement project designation.
--Each county, in consultation with the county conservation district where one exists, shall annually be permitted to designate capital improvement projects that are eligible to be funded under section 6116 up to its funding amount established pursuant to subsection (b). If a county's proposed project complies with all laws, regulations and procedures that apply to the program category for which funding is designated, the applicable department receiving an allocation under section 6116 shall fund the project. The applicable department shall consider a county's recurring environmental and conservation funding levels to ensure the project supplements existing efforts.
(d) Application of funding.
--Funding provided to capital improvement projects under this section shall be applied against the total allocations made to the departments under section 6116(c)(1), (2), (3) and (4). Designation of a capital improvement project by a county under this section shall not obligate a department to provide funds to the project in excess of the amount of county environmental initiative funds so allocated.
(e) Reallocation.
--If a county fails to designate capital improvement projects that will use the entirety of its funding amount for a fiscal year, the department shall allocate the remaining funds to other eligible projects.
(f) Definition.
--As used in this section, the term "capital improvement project" or "project" means a project eligible for tax-exempt financing under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. ñ 1 et seq.). (July 13, 2005, P.L.213, No.45, eff. imd.)
2005 Amendment.
Act 45 added section 6117.
Cross References.
Section 6117 is referred to in sections 6115, 6119 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6118 - Interfund transfer

§ 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 as will allow the fund to continue to distribute moneys to the departments and the authority at historic levels.
(b) Amount.
--In determining the amount to be transferred under subsection (a), the Secretary of the Budget shall assure that sufficient funds remain in the Alternative Fuels Incentive Fund so that implementation of the Alternative Fuels Incentive Program, as established in the act of November 29, 2004 (P.L.1376, No.178), known as the Alternative Fuels Incentive Act, shall not be affected. (July 13, 2005, P.L.213, No.45, eff. imd.)
2005 Amendment.
Act 45 added section 6118.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 61 - Environmental Stewardship and Watershed Protection › Section 6119 - Reporting

§ 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 or agency's publicly accessible Internet website at least annually.
(b) Counties.
--Every county designating capital improvement projects under section 6117 (relating to county environmental initiative program) shall publish a report of all projects funded on the county's publicly accessible Internet website at least annually. (July 13, 2005, P.L.213, No.45, eff. imd.)
2005 Amendment.
Act 45 added section 6119.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 62 - Waste Transportation Safety › Section 6202 - Definitions

§ 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 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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 62 - Waste Transportation Safety › Section 6203 - Establishment of program

§ 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 shall:
(1) Ensure the responsible and safe transportation of municipal or residual waste to processing and disposal facilities by requiring written authorization from the department.
(2) Prohibit a waste processing or disposal facility from accepting municipal or residual waste from a waste transportation vehicle engaged in commerce without a valid authorization sticker issued by the department.
(3) Provide the department with the authority to deny or revoke written authorization where the agency finds that the transporter has failed or continues to fail to comply with applicable laws and regulations.
(4) Establish a transportation authorization fee for the administration and enforcement of this chapter.
(c) Relationship to other laws.
--Notwithstanding anything to the contrary in this chapter, the Solid Waste Management Act or the Municipal Waste Planning, Recycling and Waste Reduction Act, no county and no municipality may implement a municipal waste or residual waste transportation authorization or licensing program after the effective date of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 62 - Waste Transportation Safety › Section 6205 - Compliance history review

§ 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 receives findings from the Pennsylvania State Police or the Department of Transportation that:
(1) The transporter has failed or continues to fail to comply with any provision of:
(i) this chapter;
(ii) the Solid Waste Management Act;
(iii) the Municipal Waste Planning, Recycling and Waste Reduction Act;
(iv) any other Federal or State statute relating to environmental protection, motor vehicle safety or to the protection of the public health, safety and welfare;
(v) any rule or regulation of the department;
(vi) any order of the department; or
(vii) any condition of any permit, license or other written authorization issued by the department.
(2) The transporter has shown a lack of ability or intention to comply with:
(i) any provision of this chapter;
(ii) any of the acts referred to in this subsection;
(iii) any rule or regulation of the department or order of the department; or
(iv) any condition of any permit or license issued by the department as indicated by past or continuing violations.
(b) Related corporations.
--In the case of a corporate transporter, the department may deny, suspend, modify or revoke a written authorization if the department finds that a corporation is related to another past or present corporation which committed violations of the Solid Waste Management Act and this chapter. A corporation is related to another corporation if they have common principals or have parent or subsidiary corporation relationships.
Cross References.
Section 6205 is referred to in section 6204 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 62 - Waste Transportation Safety › Section 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 62 - Waste Transportation Safety › Section 6207 - Enforcement

§ 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 62 - Waste Transportation Safety › Section 6209 - Construction of chapter

§ 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 be construed in pari materia with the Solid Waste Management Act and 75 Pa.C.S. (relating to vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 63 - Disposal Fee › Section 6301 - Disposal fee for municipal waste landfills

§ 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 63 - Disposal Fee › Section 6302 - Deposit of disposal fee

§ 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 paid into the State Treasury as follows:
(i) The first $50,000,000 in fees collected shall be deposited into the Environmental Stewardship Fund established in Chapter 61 (relating to environmental stewardship and watershed protection).
(ii) Any fees collected thereafter shall be deposited in the General Fund.
(2) For the fiscal year 2003-2004 and beyond, all fees collected shall be deposited into the Environmental Stewardship Fund established in Chapter 61.
Cross References.
Section 6302 is referred to in sections 6303, 6306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 63 - Disposal Fee › Section 6303 - Surcharge

§ 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 disposal fee for municipal waste landfills) may pass through and collect the fee from any person who delivered the waste to the municipal waste landfill as a surcharge in accordance with section 705 of the Municipal Waste Planning, Recycling and Waste Reduction Act on any fee schedule established pursuant to law, ordinance, resolution or contract for solid waste disposal operations at the municipal waste landfill.
(b) Transporters and transfer stations.
--The transporter or transfer station that is charged a fee or surcharge pursuant to section 6302 (relating to deposit of disposal fee) or subsection (a) may pass through and obtain the fee from the generator of such waste as a surcharge in accordance with section 705 of the Municipal Waste Planning, Recycling and Waste Reduction Act on any fee schedule established pursuant to law, ordinance, resolution or contract for solid waste collection, transfer, transport and delivery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 63 - Disposal Fee › Section 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 63 - Disposal Fee › Section 6305 - Allocation for Environmental Stewardship Fund

§ 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 provide grants for safe drinking water projects and wastewater treatment projects. Grants under this section shall be made for the same purposes and shall be subject to the same limitations as grants authorized in section 6110 (relating to environmental infrastructure grants to water and wastewater treatment facilities).
References in Text.
Section 6110, referred to in this section, was deleted by amendment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 63 - Disposal Fee › Section 6306 - Adjustments

§ 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6503 - Nature of rights; subordination of interests

§ 6503. Nature of rights; subordination of interests.
(a) Nature.
--Any person, including a person that owns an interest in the real property, or an agency may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.
(b) Rights of agency.
--The rights of an agency under this chapter or under an approved environmental covenant, other than as a holder, are not interests in real property.
(c) Obligations.
--An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any person other than an agency that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as provided in the environmental covenant.
(d) Rules.
--The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:
(1) An interest which has priority under law other than this chapter is not affected by an environmental covenant unless the owner of the interest subordinates its interest to the covenant.
(2) As a condition to approval of an environmental covenant an agency may require that an owner of a prior interest subordinate that interest to the environmental covenant.
(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the agreement or record may be signed by any person authorized by the governing board of the owners association.
(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose an affirmative obligation on the person with respect to the environmental covenant nor affect that person's existing environmental liability.
Cross References.
Section 6503 is referred to in section 6502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6505 - Validity

§ 6505. Validity.
(a) Nature.
--An environmental covenant which complies with this chapter runs with the land.
(b) Impediments excluded.
--An environmental covenant which is otherwise effective is valid and enforceable even if:
(1) it is not appurtenant to an interest in real property;
(2) it can be or has been assigned to a person other than the original holder;
(3) it is not of a character that has been recognized traditionally at common law;
(4) it imposes a negative burden;
(5) it imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(6) the benefit or burden does not touch or concern real property;
(7) there is no privity of estate or contract;
(8) the holder dies, ceases to exist, resigns or is replaced; or
(9) the persons identified as owner and holder in the environmental covenant are the same person.
(c) Prior instruments.
--
(1) An instrument which creates restrictions or obligations with respect to real property which would, except for the fact that the instrument was recorded before the effective date of this chapter, qualify as activity and use limitations is not invalid or unenforceable:
(i) by reason of the limitations on enforcement of interests described in subsection (b); or
(ii) because it was identified as an easement, servitude, deed restriction or other interest.
(2) This chapter does not apply in any other respect to an instrument referred to in paragraph (1).
(d) Other interests.
--
(1) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, which is otherwise enforceable under the laws of this Commonwealth.
(2) Nothing in this chapter shall be construed to restrict, affect or impair the rights of any person to enter into or record a restrictive covenant, institution control, easement, servitude or other restriction on the use of property permitted by law that does not satisfy the requirements of this chapter and does not have the permission, approval or consent of an agency, a political subdivision, a regulatory body or another unit of government. However, a restrictive covenant, institutional control, easement, servitude or other restriction on the use of property that does not satisfy the requirements of this chapter and does not have such permission, approval or consent is not subject to this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6506 - Relationship to other land-use law

§ 6506. Relationship to other land-use law.
(a) Effect on unauthorized uses.
--This chapter does not authorize a use of real property which is otherwise prohibited by:
(1) zoning;
(2) law other than this chapter regulating use of real property; or
(3) a recorded instrument which has priority over the environmental covenant.
(b) Effect on authorized uses.
--An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6507 - Notice

§ 6507. Notice.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6508 - Recording

§ 6508. Recording.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6509 - Duration

§ 6509. Duration.
(a) Perpetual.
--An environmental covenant is perpetual unless one of the following applies:
(1) It is limited by its terms to a specific duration or the occurrence of a specific event.
(2) It is terminated by consent under section 6510
(relating to amendment or termination by consent).
(3) It is terminated under subsection (b).
(4) It is terminated by foreclosure of an interest which has priority over the environmental covenant.
(5) It is terminated or modified by judicial decree in an eminent domain proceeding, but only if:
(i) the agency which signed the environmental covenant consents to the judicial action;
(ii) all persons identified in section 6510(a) and
(b) are given notice of the pendency of the eminent domain proceeding; and
(iii) the court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.
(b) Judicial modification.
--A court, in an action in which all persons identified in section 6510(a) and (b) have been given notice, may terminate or modify the environmental covenant on the real property subject to the environmental covenant if any of the following apply:
(1) The agency which signed an environmental covenant has determined that:
(i) the intended benefits of the environmental covenant can no longer be realized; or
(ii) changed circumstances indicate that the intended benefits can only be realized through modification of the environmental covenant.
(2) A standard allowing for a reopener of a completed environmental response project under section 505 of the Land Recycling Act is met.
(c) Other modifications.
--Except as otherwise provided in subsection (a) or (b), an environmental covenant may not be extinguished, limited or impaired through:
(1) issuance of a tax deed;
(2) foreclosure of a tax lien; or
(3) application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or of a similar doctrine.
Cross References.
Section 6509 is referred to in sections 6504, 6508 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6510 - Amendment or termination by consent

§ 6510. Amendment or termination by consent.
(a) Signature.
--An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by all of the following:
(1) The agency.
(2) Unless waived by the agency, the current owner in fee simple of the real property subject to the environmental covenant.
(3) Each person that originally signed the environmental covenant or that person's successor in interest unless:
(i) the person waived the right to consent in a signed record; or
(ii) a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence.
(4) Except as otherwise provided in subsection (d)(2), the holder.
(b) Effect upon property interests subject to environmental covenants.
--If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest:
(1) consents to the amendment; or
(2) has waived in a signed record the right to consent to the amendment.
(c) Effect of assignment.
--Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.
(d) Assignment requirements.
--Except as otherwise provided in the environmental covenant:
(1) a holder may not assign its interest without consent of the other parties;
(2) a holder may be removed and replaced by agreement of the other parties specified in subsection (a); and
(3) a court of competent jurisdiction may fill a vacancy in the position of holder.
Cross References.
Section 6510 is referred to in sections 6504, 6508, 6509 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6511 - Enforcement of environmental covenant

§ 6511. Enforcement of environmental covenant.
(a) Parties.
--A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) a party to the environmental covenant;
(2) the agency or, if it is not the agency, the department;
(3) any other person to whom the environmental covenant expressly grants power to enforce;
(4) a person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant; and
(5) a political subdivision in which the real property subject to the environmental covenant is located.
(b) Regulatory authority.
--
(1) This chapter does not limit the regulatory authority of the agency or the department under law other than this chapter.
(2) In addition to bringing an action under subsection
(a), the department may issue any order necessary to enforce section 6517(b) (relating to relationship to other laws).
(c) Liability.
--A person is not subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.
Cross References.
Section 6511 is referred to in section 6504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6513 - Uniformity of application and construction

§ 6513. Uniformity of application and construction.
In applying and construing this chapter as a uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states which enact it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6514 - Relation to Electronic Signatures in Global and National Commerce Act

§ 6514. Relation to Electronic Signatures in Global and
National Commerce Act.
(a) General rule.
--Except as set forth in subsection (b), this chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106- 229, 15 U.S.C. § 7001 et seq.).
(b) Exceptions.
--
(1) This chapter does not modify, limit or supersede section 101(a) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001(a)).
(2) This chapter does not authorize electronic delivery of any of the notices described in section 103(b) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7003(b)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6515 - Environmental Quality Board

§ 6515. Environmental Quality Board.
(a) Regulations.
--The Environmental Quality Board has the power and duty to promulgate regulations for the proper performance of work of the department under this chapter. This subsection includes the establishment of fees under this chapter.
(b) Fees.
--Fees under subsection (a) shall be deposited into the Industrial Land Recycling Fund.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6516 - Appealable actions

§ 6516. Appealable actions.
Actions of the department under this chapter shall be considered appealable actions under the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 65 - Uniform Environmental Covenants › Section 6517 - Relationship to other laws

§ 6517. Relationship to other laws.
(a) Prospective environmental response projects.
--
(1) Unless waived by the department, engineering controls or institutional controls required to demonstrate attainment of a remediation standard under the Land Recycling Act or the act of July 6, 1989 (P.L.169, No.32), known as the Storage Tank and Spill Prevention Act, shall be in the form of an environmental covenant.
(2) If a deed acknowledgment is required by section 405 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, or section 512(b) of the act of October 18, 1988 (P.L.756, No.108), known as the Hazardous Sites Cleanup Act, the requirement may be satisfied by reference to an environmental covenant recorded pursuant to this chapter.
(3) An environmental covenant shall not be required for property owned by the Federal Government prior to transfer of the property to a non-Federal entity or individual. Activity and use limitations on Federal property shall be incorporated into an installation's master plan or other similar and appropriate remedial documentation. Nothing in this paragraph shall limit any authority otherwise available to the department to enforce terms of an environmental response project at a Federal installation or on property owned by the Federal Government.
(b) Conversion to environmental covenant.
--
(1) An instrument created prior to the effective date of this section which establishes activity and use limitations to demonstrate attainment or maintenance of a standard under the Land Recycling Act or to demonstrate satisfaction of a corrective action requirement under the Storage Tank and Spill Prevention Act shall be converted to an environmental covenant within 60 months of the effective date of this section unless conversion is waived by the department.
(2) Failure to comply with this subsection does not invalidate the existing engineering controls and institutional controls described in paragraph (1) or preclude the conversion of those engineering controls and institutional controls to an environmental covenant at a later date.
Cross References.
Section 6517 is referred to in section 6511 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 66 - Keystone Tree Restricted Account › Section 6601 - Definitions

§ 6601. 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:
"Department."
The Department of Conservation and Natural Resources of the Commonwealth.
"Restricted account."
The Keystone Tree Restricted Account established under section 6602 (relating to establishment).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 66 - Keystone Tree Restricted Account › Section 6602 - Establishment

§ 6602. Establishment.
The Keystone Tree Restricted Account is established as a restricted account within the General Fund. The money in the restricted account is appropriated on a continuing basis to the department for the purposes specified in section 6604 (relating to authorized purposes).
Cross References.
Section 6602 is referred to in section 6601 of this title; section 1322 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 66 - Keystone Tree Restricted Account › Section 6603 - Sources of revenue

§ 6603. Sources of revenue.
The restricted account shall include the following:
(1) Proceeds paid by the Department of Transportation under 75 Pa.C.S. § 1322 (relating to contributions to Keystone Tree Restricted Account).
(2) Grants, gifts, donations and other payments from a person or governmental entity to the restricted account.
(3) Money appropriated to the restricted account.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 66 - Keystone Tree Restricted Account › Section 6604 - Authorized purposes

§ 6604. Authorized purposes.
(a) Purposes and allocations.--
Except as provided under 75 Pa.C.S. § 1322(e) (relating to contributions to Keystone Tree Restricted Account), the department may expend money from the restricted account for the purposes and in the allocations as follows:
(1) A tree vitalize program, 40%.
(2) A riparian forest buffer grant program, 60%.
(b) Prohibitions.--
No amount of money allocated under subsection (a) may be used for administrative costs of the department.
Cross References.
Section 6604 is referred to in section 6602 of this title; section 1322 of Title 75 (Vehicles).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 66 - Keystone Tree Restricted Account › Section 6606 - Report

§ 6606. Report.
By July 31, 2020, and each year thereafter, the department shall submit to the chairperson and minority chairperson of the Environmental Resources and Energy Committee of the Senate and the chairperson and minority chairperson of the Environmental Resources and Energy Committee of the House of Representatives a report detailing the restricted account revenues and expenditures in the prior fiscal year and describing the activities, programs and projects which received money from the restricted account.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 77 - Costs and Fees › Section 7707 - Participation in environmental law or regulation

§ 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 and the costs of litigation. If the person prevails in part, the court may make a full award or a proportionate award.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8102 - Findings

§ 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 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 27 - ENVIRONMENTAL RESOURCES › Chapter 81 - Good Samaritan › Section 8103 - Purpose

§ 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 protection of wildlife, to decrease soil erosion, to aid in the prevention and abatement of the pollution of rivers and streams, to protect and improve the environmental values of this Commonwealth and to eliminate or abate hazards to health and safety. It is the intent of the General Assembly to encourage voluntary reclamation of lands adversely affected by mining or oil or gas extraction. The purpose of this chapter is to improve water quality and to control and eliminate water pollution resulting from mining or oil or gas extraction or exploration by limiting the liability which could arise as a result of the voluntary reclamation of abandoned lands or the reduction and abatement of water pollution. This chapter is not intended to limit the liability of a person who under existing law is or may become responsible to reclaim the land or address the water pollution or anyone who by contract, order or otherwise is required to or agrees to perform the reclamation or abate the water pollution.