Governing Law and Regulations
Hazardous substances: 35 Pennsylvania Statutes (Pa. Stat.) 6020.512
Innocent landowners: 35 Pa. Stat. 6020.701
Liens: 35 Pa. Stat. 6020.509
Brownfields: 25 Pennsylvania Code (Pa. Code) 253.1 to 253.11
Urban redevelopment: 35 Pa. Stat. 1711
Pennsylvania Department of Environmental Protection (DEP) Office of Waste, Air, Radiation and Remediation
DEP Office of Community Revitalization and Local Government Support
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Pennsylvania has no property transfer law that requires the Pennsylvania Department of Environmental Protection (DEP) to certify the condition of property before a real estate transfer may take place.
However, the state has a disclosure law that requires a seller of property to include in the recorded deed an acknowledgment of any hazardous substance disposal on the property known to the seller. The state also requires the creation of environmental covenants on property deeds for remediated brownfields.
In addition, the state has adopted the federal rules for treatment, storage, and disposal facility (TSDF) closure, which require the owner or operator to place a notice in the deed when a facility is closed (25 Pa. Code 264a.1). For details, see the national section CLOSURE AND POST-CLOSURE PLANS.
• Administration and enforcement. DEP's Office of Waste, Air, Radiation and Remediation administers and enforces the property transfer rules and the requirements of the Uniform Environmental Covenants Act (UECA).
35 Pa. Stat. 6020.512
A site at which hazardous substances ...