PRINTER'S NO. 582
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.580
Session of
2025
INTRODUCED BY ISAACSON, BOYD, CERRATO, CIRESI, DEASY, GIRAL,
GREEN, HILL-EVANS, HOHENSTEIN, HOWARD, MAYES, O'MARA, OTTEN,
PROBST, SAMUELSON, SANCHEZ, SCHLOSSBERG, STEELE AND
D. WILLIAMS, FEBRUARY 12, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, FEBRUARY 12, 2025
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for public health; imposing
duties on the Department of Environmental Protection relating
to lead levels in soil; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART I
PUBLIC HEALTH
Chapter
31. Lead Levels in Soil
CHAPTER 31
LEAD LEVELS IN SOIL
Sec.
3101. Scope of chapter.
3102. Definitions.
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17 3103. Prohibited lead levels.
3104. Enforcement and penalties.
3105. Administrative agency law.
3106. Regulations.
§ 3101. Scope of chapter.
This chapter relates to lead levels in soil.
§ 3102. 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:
"Abatement." As follows:
(1) Any set of measures designed to eliminate or reduce
the levels of lead specified in section 3103 (relating to
prohibited lead levels).
(2) The term includes:
(i) The removal or covering of lead-contaminated
soil.
(ii) All preparation, cleanup, disposal and
postabatement clearance testing activities associated
with the abatement measures.
(iii) Less-than-full abatement whereby the sources
of lead contamination are reduced sufficiently to create
a "lead-safe" environment rather than a "lead-free"
environment.
(3) The term does not include landscaping activities by
contractors whose primary intent is not to permanently
eliminate or reduce the levels of lead specified in section
3103.
"Child care center." As the term is defined in section 1001
of the act of June 13, 1967 (P.L.31, No.21), known as the Human
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30 Services Code.
"Children." Individuals who are under 18 years of age.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Hazardous condition." A condition that causes exposure to
prohibited levels of lead from lead-contaminated soil that would
result in adverse human health effects.
"Person." Any of the following:
(1) An individual.
(2) A corporation, partnership, association or other
similar entity.
(3) The Commonwealth, including an agency or
instrumentality of the Commonwealth.
(4) A municipality, including an agency or
instrumentality of a municipality.
(5) A school entity.
(6) A religious institution.
(7) A child care center.
(8) A charitable, educational or religious institution
camp for children.
"Playground." As follows:
(1) An outdoor improved area that is designed, equipped
and set aside for children to play.
(2) The term includes an area that is exclusively used
as an athletic playing field or athletic court.
"School entity." A school district, joint school district,
public school, private school, nonpublic school, charter school,
regional charter school, intermediate unit or area career and
technical school operating within this Commonwealth.
§ 3103. Prohibited lead levels.
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30 The permissible levels of lead regarding a playground shall
be as follows:
(1) In the bare soil on the playground, lead levels
shall not exceed 200 parts per million.
(2) In the bare soil of the yard in which the playground
is located, lead levels shall not exceed 1,200 parts per
million.
§ 3104. Enforcement and penalties.
(a) Prohibitions.--A person may not:
(1) cause, suffer, permit or allow levels of lead in
violation of this chapter or regulations promulgated under
this chapter; or
(2) c ause, suffer, permit or allow the performance of an
act or operation in violation of an order issued by the
department under this chapter or regulations promulgated
under this chapter.
(b) Violations.--The department may issue an order requiring
compliance with this chapter or regulations promulgated under
this chapter to a person engaging in a prohibited activity
specified in subsection (a), including the owner or operator of
the playground or yard in which the playground is located that
contains prohibited levels of lead.
(c) Service.--An order shall be served personally or by
certified mail at the last known address of the person violating
this chapter or a regulation promulgated under this chapter.
(d) Hazardous conditions.--If the department determines that
a hazardous condition exists due to the failure to comply with
this chapter or a regulation promulgated under this chapter, the
department, in addition to invoking other sanctions available to
the department, may invoke any of the following remedies:
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on the playground or yard in which the playground is located
until the hazardous condition is corrected.
(2) Evacuate appropriate portions of the playground or
yard in which the playground is located until the hazardous
condition is corrected.
(3) Certify that the hazardous condition exists due to
the failure of a person to comply with this chapter or a
regulation promulgated under this chapter and charge the
added cost of any corrective cleanup or removal to the person
responsible for the hazardous condition and collect the cost
by lien or any other means as may be authorized by law.
(4) Apply to an appropriate court for relief by
injunction or restraining order against a person responsible
for the hazardous condition.
(e) Penalties.--In addition to the sanctions or remedial
orders provided in this section, a person that fails to comply
with this chapter or a regulation promulgated under this
chapter, or that fails to obey an order issued by the
department, may be subject to any of the following penalties:
(1) Imposition of an administrative penalty of not more
than $1,000 for the first offense, not more than $5,000 for
the second offense and not more than $10,000 for the third
and each subsequent offense.
(2) Issuance of an order to cease immediately all
activities on the playground or yard in which the playground
is located.
(3) Initiation of a legal action or proceeding in a
court of competent jurisdiction.
(f) Continued violations.--Each day a violation continues to
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violation for which a separate penalty shall be imposed.
§ 3105. Administrative agency law.
Penalties and other orders of the department under this
chapter are subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch. A
(relating to judicial review of Commonwealth agency action).
§ 3106. Regulations.
The department shall promulgate regulations necessary to
carry out the provisions of this chapter.
Section 2. This act shall take effect in 60 days.
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