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SB 1157

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.

2025-2026 Regular Session Introduced by Amanda Cappelletti and 15 co-sponsors

The bill requires immediate containment and rapid cleanup of hazardous discharges in residential areas, with strict liability for responsible parties and accelerated timelines.

Referred to Environmental Resources & Energy
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WeVote Research Nonpartisan
Bill Summary · SB 1157

Overview

Senate Bill 1157 (2025-2026) from Pennsylvania proposes the Environmental Cleanup and Responsibility Act, adding a new Chapter 6 to the Hazardous Sites Cleanup Act. The core aim is to strengthen spill response in residential areas, establish accelerated cleanup standards for discharges of hazardous substances, and update funding mechanisms (including deposits to the Hazardous Sites Cleanup Fund) to support immediate response, investigation, cleanup, and related costs.

Main purpose and intent

  • Provide a clear, enforceable framework for immediate response to discharges of hazardous substances, including petroleum and pipeline releases.
  • Require prompt cleanup and removal of contamination that threatens public health or the environment, especially in residential areas.
  • Authorize the Department of Environmental Protection (the department) to act quickly and recover costs from responsible parties.
  • Ensure restoration of environmental conditions consistent with constitutional rights to clean air and pure water, and to preserve natural, scenic, historic, and esthetic values.

Key provisions and changes

New Chapter: Spill Response and Residential Environmental Protection (Chapter 6)

  • Section 601: Legislative findings and purposes

    • Recognizes threats to public health, drinking water, and residential communities from discharges.
    • Establishes goals: rapid response, prompt cleanup, cost recovery from responsible persons, and environmental restoration.

  • Section 602: Definitions

    • “Discharge” includes spills, leaks, dumps, etc., of hazardous substances.
    • “Hazardous substance” covers petroleum and substances designated as hazardous by regulation, without broadening existing definitions.
    • “Immediate environmental concern” and “Residential area” defined (including drinking-water well areas).
    • “Responsible person” encompasses owners, operators, transporters, and others liable.

  • Section 603: Duty to contain, clean up and remove discharges

    • Responsible persons must immediately contain, clean up, and remove discharges.
    • Establishes strict liability for comply-or-lose duties; joint and several liability if multiple responsible parties.
    • Duty persists until cleanup standards are met as determined by the department.

  • Section 604: Department authority and spill directives

    • The department can issue directives requiring containment, cleanup, investigations, remediation, and deadlines.
    • Department may enter property and undertake cleanup/removal to protect health/environment.
    • Violations for noncompliance with directives.

  • Section 605: Cleanup standards

    • Cleanup must align with constitutional standards (clean air, pure water, preservation of environment).
    • Residential cleanup standards require protection of potable groundwater, prevention of soil contact exposure, and protection against vapor intrusion.
    • Board to promulgate regulations establishing cleanup standards; temporary regulations may be issued with a two-year window, subject to limited statutory exemptions for certain rules.
    • Limits on using institutional/engineering controls as the sole remedy unless removal is infeasible and controls provide long-term protection.

  • Section 606: Mandatory timelines

    • Triggered upon identification of an immediate environmental concern:
    • Containment must occur immediately.
    • Preliminary site assessment within 30 days.
    • Remedial investigation within 90 days, including extent/delineation of contamination.
    • Remediation implemented per a department-approved schedule.
    • Extensions allowed for good cause with written justification.

  • Section 607: Department cleanup and cost recovery

    • If the responsible party fails to comply, the department can act.
    • Responsible parties liable for all costs incurred (cleanup, investigation, monitoring, administrative/legal, protective measures).
    • Treble damages (up to three times the costs) if department acts due to noncompliance.

  • Section 608: Spill response funding and deposits

    • The Hazardous Sites Cleanup Fund may be used to pay response-related costs.
    • Money recovered from responsible parties and penalties deposited into the Fund.
    • Retains other remedies under state law.

  • Section 609: Public information portal

    • Department must establish an information portal with:
    • Location and affected area, including residential areas.
    • Plain-language summary of contamination.
    • Summary of required and undertaken response actions.
    • Status of investigation/cleanup/remediation and timeframes/extensions.
    • Protective measures and contact information.
    • Portal updated with material status changes.

  • Section 610: Relationship to other laws

    • Chapter 6 is supplemental and does not diminish other authorities.
    • Compliance with the Land Recycling and Environmental Remediation Standards Act does not relieve duties under this chapter.
    • Cleanup under this chapter does not automatically confer liability protection; protection may be claimed only if expressly approved by the department.

Funding and fund amendments

  • Section 2 adds a new entry to the Hazardous Sites Cleanup Fund: money collected or recovered under Chapter 6 (i.e., spill response activities and related costs).

Who is affected

  • Responsible persons for hazardous substance discharges (owners, operators, transporters, and others liable under the act) face stricter duties, accelerated timelines, and potential liability for costs and triple damages if noncompliant.
  • The Department of Environmental Protection gains enhanced authority to issue directives, conduct immediate responses, and recover costs.
  • Residential communities, including areas served by private or public wells, receive stronger protections and a public information portal for status updates.
  • The Hazardous Sites Cleanup Fund will receive additional deposits from recovery of costs and penalties, potentially increasing funding for spill responses.

Procedural and timeline aspects

  • Immediate containment required upon discharge identification.
  • Specific timeframes: preliminary site assessment (30 days), remedial investigation (90 days), with remediation per approved schedule; extensions allowed for good cause.
  • Temporary regulatory provisions for cleanup standards may be issued with a two-year horizon.
  • Department may undertake cleanup if the responsible party fails to comply, with cost recovery and possible treble damages.
  • Public information portal required, with regular updates as conditions change.

Effective date

  • The act would take effect 60 days after enactment.

This summary captures the bill’s core aims: expediting spill response in residential settings, establishing strict liability and clear timelines for cleanup, expanding funding mechanisms, and enhancing public information and safeguards for affected communities.

Compiled from official sources — confirm details with the bill’s official record.

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