Pennsylvania Code (Last Updated: April 5, 2016) |
Title 34. LABOR AND INDUSTRY |
PART XIII. Worker and Community Right-to-Know Act |
Chapter 303. Preparation of Hazardous Substance and Environmental Hazard Survey Forms |
Section 303.2. Environmental Hazard Survey Forms
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(a) An employer is required to complete an Environmental Hazard Survey Form for a particular workplace upon a written request from the Department and on a form supplied by the Department when requested to do so by the Department. The Department will require an employer to complete an Environmental Hazard Survey Form if the Department is requested to do so by a person in this Commonwealth. The Environmental Hazard Survey Form shall be completed and returned to the Department within 30 days of a request by the Department.
(b) The Environmental Hazard Survey Form shall contain information regarding those hazardous substances designated as environmental hazards on the Departments Hazardous Substance Lists which are emitted, discharged or disposed of from that workplace. The information required to be included on the Environmental Hazard Survey Form includes the following:
(1) The total known or estimated stack or point-source emissions of the substance.
(2) The total estimated fugitive or nonpoint-source emissions of the substance.
(3) The total known or estimated discharge of the substance into the surface or groundwater, the treatment methods and the known or estimated raw wastewater volume and loadings.
(4) The total known or estimated discharge of the substance into publicly-owned treatment works.
(5) The known or estimated quantity and methods of disposal of wastes containing the substance, the method of onsite storage of the wastes, the location of the final disposal sites for the wastes and the identity of the hauler of the wastes.
(c) The information specified in subsection (b) shall only be included on the Environmental Hazard Survey Form if the information is, at the time the Environmental Hazard Survey Form is completed, required to be reported under current provisions of a Federal, State, county or municipal environmental statute.
(d) Employers have two options for completing the Environmental Hazard Survey Form:
(1) Employers may complete the Environmental Hazard Survey Form as provided by the Department.
(2) The employer shall be deemed to have completed the Environmental Hazard Survey Form if the employer attaches to the form provided by the Department, the employers list of environmental hazards emitted, discharged or disposed of from the workplace and reports, or portions thereof, required by current provisions of Federal, State, county or municipal statutes which contain the information specified in subsection (b).
(e) Employers are required to update Environmental Hazard Survey Forms only upon request of the Department.
(f) Employers shall keep a copy of the Environmental Hazard Survey Form on file at that workplace and at its principal place of business in this Commonwealth.
(g) Procedures for disclosure of Environmental Hazard Survey Forms are governed by Chapter 305 (relating to maintenance and disclosure of survey forms and lists).
(h) The Department will not require the completion or revision of an Environmental Hazard Survey Form more than once in a 12-month period.
Notation
This section cited in 34 Pa. Code § 301.3 (relating to jurisdiction/exemptions); and 34 Pa. Code § 305.2 (relating to maintenance and disclosure of Hazardous Substances Survey Forms).