Pennsylvania HB 2178: 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.

Bill Text

PRINTER'S NO. 3142
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2178
Session of
2026
INTRODUCED BY WARREN, VITALI, WEBSTER, HILL-EVANS, FREEMAN,
KHAN, O'MARA, OTTEN, CEPEDA-FREYTIZ, CURRY AND GILLEN,
APRIL 8, 2026
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, APRIL 8, 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 pers