The impact of HB 847 could lead to significant changes in how the state manages violations under the Safe Drinking Water Act. By mandating preenforcement conferences, the bill could enhance the regulatory environment around drinking water safety by fostering dialogue and understanding between the authorities and potential violators. This could also influence the enforcement actions taken by the Office of Attorney General and local district attorneys by offering an opportunity for compliance before resorting to criminal charges, which may ultimately improve overall compliance rates with drinking water standards.
Summary
House Bill 847 seeks to amend the Pennsylvania Safe Drinking Water Act, primarily focusing on establishing requirements for preenforcement conferences prior to the initiation of criminal proceedings against any individual or entity involved in violations of the act. By introducing this requirement, the legislation aims to create a more transparent and fair process for resolving potential infractions related to drinking water safety regulations. This change is expected to facilitate communication between the Department of Environmental Resources and alleged violators, potentially leading to resolutions without immediate legal confrontation.
Sentiment
The sentiment surrounding HB 847 appears to be generally supportive among those prioritizing environmental protection and public health. Advocates believe that the bill promotes a collaborative approach to regulatory compliance, potentially leading to better adherence to safety standards. However, there may be some concerns regarding the ability of enforcement agencies to adequately address serious violations if alternative resolutions are prioritized over immediate legal action.
Contention
Notable points of contention may arise around the perceived balance between protecting public health and ensuring fair treatment of individuals or organizations accused of violations. Some stakeholders may argue that the preenforcement conference requirement could create loopholes that delay necessary enforcement actions, particularly in situations where immediate action is crucial for public safety. These opposing views highlight the ongoing debate between strict regulatory enforcement and the need for fair procedural safeguards.
In preliminary provisions, further providing for definitions and providing for disaster emergency declaration and for testing requirement, duty to report and public access; in powers and duties, further providing for powers and duties of department; and, in liability and settlement procedures, further providing for responsible person.
Further providing for definitions; providing for duty of department to report; further providing for civil remedies and penalties, for liquidated damages and for criminal penalties; providing for employer liability; and establishing the Wage Enforcement Fund.