35 Pa. Stat. § 6026.103
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agricultural chemical." A substance defined as a fertilizer, soil conditioner or plant growth substance under the act of May 29, 1956 (1955 P.L. 1795, No. 598), known as the Pennsylvania Fertilizer, Soil Conditioner and Plant Growth Substance Law, or a substance regulated under the act of March 1, 1974 (P.L. 90, No. 24), known as the Pennsylvania Pesticide Control Act of 1973.
"Agricultural chemical facility." A facility where agricultural chemicals are held, stored, blended, formulated, sold or distributed. The term does not include facilities identified by SIC 2879 where agricultural chemicals are manufactured.
"Aquifer." A geologic formation, group of formations or part of a formation capable of a sustainable yield of significant amount of water to a well or spring.
"Background." The concentration of a regulated substance determined by appropriate statistical methods that is present at the site, but is not related to the release of regulated substances at the site.
"BADCT" or "Best Available Demonstrated Control Technology." The commercially available engineering technology which has demonstrated at full scale on a consistent basis that it most effectively achieves the standard for a remediation action for a regulated substance at a contaminated site under similar applications.
"Board." The Cleanup Standards Scientific Advisory Board established in section 105.
"Carcinogen." A chemical, biological or physical agent defined by the Environmental Protection Agency as a human carcinogen.
"Cleanup or remediation." To clean up, mitigate, correct, abate, minimize, eliminate, control or prevent a release of a regulated substance into the environment in order to protect the present or future public health, safety, welfare or the environment, including preliminary actions to study or assess the release.
"Contaminant." A regulated substance released into the environment.
"Control." To apply engineering measures, such as capping or treatment, or institutional measures, such as deed restrictions, to sites with contaminated media.
"Department." The Department of Environmental Resources of the Commonwealth or its successor agency.
"Engineering controls." Remedial actions directed exclusively toward containing or controlling the migration of regulated substances through the environment. These include, but are not limited to, slurry walls, liner systems, caps, leachate collection systems and groundwater recovery trenches.
"EPA." The Environmental Protection Agency or its successor agency.
"Fate and transport." A term used to describe the degradation of a chemical over time and where chemicals are likely to move given their physical and other properties and the environmental medium they are moving through.
"Groundwater." Water below the land surface in a zone of saturation.
"Hazard index." The sum of more than one hazard quotient for multiple substances and multiple exposure pathways. The hazard index is calculated separately for chronic, subchronic and shorter duration exposures.
"Hazard quotient." The ratio of a single substance exposure level over a specified period, e.g. subchronic, to a reference dose for that substance derived from a similar exposure period.
"Hazardous Sites Cleanup Fund." The fund established under the act of October 18, 1988 (P.L. 756, No. 108) , known as the Hazardous Sites Cleanup Act.
"Health advisory levels" or "HAL's." The health advisory levels published by the United States Environmental Protection Agency for particular substances.
"Industrial activity." Commercial, manufacturing, public utility, mining or any other activity done to further either the development, manufacturing or distribution of goods and services, intermediate and final products and solid waste created during such activities, including, but not limited to, administration of business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance of commercial machinery and equipment and solid waste management.
"Institutional controls." A measure undertaken to limit or prohibit certain activities that may interfere with the integrity of a remedial action or result in exposure to regulated substances at a site. These include, but are not limited to, fencing or restrictions on the future use of the site.
"Medium-specific concentration." The concentration associated with a specified environmental medium for potential risk exposures.
"Mitigation measures." Any remediation action performed by a person prior to or during implementation of a remediation plan with the intent to protect human health and the environment.
"Municipality." A township, borough, city, incorporated village or home rule municipality. This term shall not include a county.
"Nonresidential property." Any real property on which commercial, industrial, manufacturing or any other activity is done to further either the development, manufacturing or distribution of goods and services, intermediate and final products, including, but not limited to, administration of business activities, research and development, warehousing, shipping, transport, remanufacturing, stockpiling of raw materials, storage, repair and maintenance of commercial machinery and equipment, and solid waste management. This term shall not include schools, nursing homes or other residential-style facilities or recreational areas.
"Person." An individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, authority, nonprofit corporation, interstate body or other legal entity which is recognized by law as the subject of rights and duties. The term includes the Federal Government, State government, political subdivisions and Commonwealth instrumentalities.
"Point of compliance." For the purposes of determining compliance with groundwater standards, the property boundary at the time the contamination is discovered or such point beyond the property boundary as the Department of Environmental Resources may determine to be appropriate.
"Practical quantitation limit." The lowest limit that can be reliably achieved within specified limits of precision and accuracy under routine laboratory conditions for a specified matrix and based on quantitation, precision and accuracy, normal operation of a laboratory and the practical need in a compliance-monitoring program to have a sufficient number of laboratories available to conduct the analyses.
"Public utility." The term shall have the same meaning as given to it in 66 Pa.C.S. (relating to public utilities).
"Regulated substance." The term shall include hazardous substances and contaminants regulated under the act of October 18, 1988 (P.L. 756, No. 108) , known as the Hazardous Sites Cleanup Act, and substances covered by the act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law, the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act, theact of July 7, 1980 (P.L. 380, No. 97) , known as the Solid Waste Management Act, theact of July 13, 1988 (P.L. 525, No. 93) , referred to as the Infectious and Chemotherapeutic Waste Law, and theact of July 6, 1989 (P.L. 169, No. 32) , known as the Storage Tank and Spill Prevention Act.
"Release." Spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing of a regulated substance into the environment in a manner not authorized by the Department of Environmental Resources. The term includes the abandonment or discarding of barrels, containers, vessels and other receptacles containing a regulated substance.
"Residential property." Any property or portion of the property which does not meet the definition of "nonresidential property."
"Responsible person." The term shall have the same meaning as given to it in the act of October 18, 1988 (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act, and shall include a person subject to enforcement actions for substances covered by the act of June 22, 1937 (P.L. 1987, No. 394), known as The Clean Streams Law, the act of January 8, 1960 (1959 P.L. 2119, No. 787), known as the Air Pollution Control Act, the act of July 7, 1980 (P.L. 380, No. 97), known as the Solid Waste Management Act, the act of July 13, 1988 (P.L. 525, No. 93), referred to as the Infectious and Chemotherapeutic Waste Law, and the act of July 6, 1989 (P.L. 169, No. 32), known as the Storage Tank and Spill Prevention Act.
"Secretary." The Secretary of Environmental Resources of the Commonwealth.
"Site." The extent of contamination originating within the property boundaries and all areas in close proximity to the contamination necessary for the implementation of remediation activities to be conducted under this act.
"Systemic toxicant." A material that manifests its toxic effect in humans in a form other than cancer.
"Treatment." The term shall have the same meaning as given to it in the act of October 18, 1988 (P.L. 756, No. 108), known as the Hazardous Sites Cleanup Act.
35 P.S. § 6026.103