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PENNSYLVANIA STATUTES
TITLE 35. HEALTH AND SAFETY
CHAPTER 29E. HAZARDOUS MATERIAL EMERGENCY PLANNING AND RESPONSE ACT
CHAPTER 2. HAZARDOUS MATERIAL PROTECTION
Date:
08/31/2009
Document:
§ 6022.210. Recovery of response costs
(a) GENERAL RULE.-- A person who causes a release of a hazardous material shall be liable for the response costs incurred by a certified hazardous material response team or a supporting paid or volunteer emergency service organization, or both. The Commonwealth agency, local agency, regional hazardous material organization, volunteer emergency service organization, or hazardous material transporter, manufacturer, supplier or user that organized the certified hazardous material response team, as identified on the team certification, or supporting paid or volunteer emergency service organizations, that undertakes a response action may recover those response costs in law or an action in equity brought before a court of competent jurisdiction or may proceed under the provisions of subsection (d). Should more than one certified hazardous material response team incur response costs for the same hazardous material release or incident, the organizing entities of those certified hazardous material response teams may file a joint action in law or equity and may designate one entity to represent the others in the law suit.
(b) AMOUNT.-- In an action to recover response costs, a Commonwealth agency, local agency, regional hazardous material organization, supporting paid or volunteer emergency service organization, or a hazardous material transporter, manufacturer, supplier or user may include operational, administrative personnel and legal costs incurred from its initial response action up to the time that it recovers its costs. Only those certified hazardous material response teams and supporting paid or volunteer emergency service organizations that are properly trained in accordance with the standards developed under this act and that are properly requested and dispatched by a legally constituted authority shall be eligible to recover their response costs under this act.
(c) DEFINITIONS.-- When used in this section, the term "response cost" includes, but is not limited to, the following:
(1) Disposable materials and supplies acquired, consumed and expended
specifically for the purpose of the response to the hazardous material
release.
(2) Rental or leasing of equipment used specifically for the response,
for example, protective equipment or clothing and scientific and
technical equipment.
(3) Replacement costs for equipment that is contaminated beyond reuse
or repair during the response, for example, self-contained breathing
apparatus irretrievably contaminated during the response.
(4) Decontamination of equipment contaminated during the response.
(5) Compensation of paid employees or members of the hazardous material
response team and supporting paid or volunteer emergency service
organization, to include regular and overtime pay for permanent
full-time and other than full-time compensated employees or members.
(6) Special technical services specifically required for the response,
for example, costs associated with the time and efforts of technical
experts or specialists.
(7) Laboratory and testing costs for purposes of analyzing samples or
specimens taken during the response.
(8) Other special services specifically required for the response, for
example, utility costs.
(9) Costs associated with the services, supplies and equipment used to
conduct an evacuation during the response.
(10) Costs associated with the removal and disposal of hazardous
materials.
(d) ARBITRATION.--
(1) In lieu of bringing an action at law or in equity in a court of
competent jurisdiction in the matter of a response cost dispute under
subsection (a), the party who is the person who caused a release of a
hazardous material and the party who is the certified hazardous
material response team, including any volunteer emergency service
organizations requested and dispatched by a legally constituted
authority, may agree to submit the response cost dispute to binding
arbitration as provided in this subsection. By submitting the response
cost dispute to arbitration, the parties shall have waived all rights
to remedies available under subsection (a) or to any other remedies
available at law.
(2) Once the parties agree to submit the response cost dispute to
binding arbitration, the local committee shall notify the council and
the parties of the request for a board of arbitration and shall request
the recommendation of the parties for persons to be appointed to the
board. The board of arbitration shall consist of three persons, one to
be selected by each of the parties and a third person to be agreed upon
by the arbitrators as specified in paragraph (3). Within five days of
the request for arbitration, the parties shall submit the names of the
arbitrators that they have chosen and the local committee shall appoint
those persons to the board of arbitration.
(3) Within five days after their appointment, the two arbitrators shall
meet and select a third arbitrator who shall be appointed to the board
by the local committee, and who will be chairman of the board of
arbitration.
(4) If the two arbitrators fail to select a third arbitrator as
provided in paragraph (3), the council shall, within five days, select
a third arbitrator who shall be appointed to the board. The person so
selected shall not be a member of the council, a member of any local
committee or a person or a relative of a person employed by the party
or a subsidiary of the party who caused the hazardous material release
or who has an ownership or equity interest in the party or subsidiary
of the party who caused the hazardous material release.
(5) Upon appointment of the third member, the board shall commence its
proceedings and within 30 days shall make its determination, which
shall be binding on all parties.
(6) Unless otherwise prescribed in the agreement to arbitrate, the
expenses and fees of the arbitrators and other expenses, but not
including counsel fees, incurred in the conduct of the arbitration
shall be paid as prescribed in the award.
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