Almost exactly one year ago, in a residential neighborhood in Washington Crossing (Upper Makefield Township) in Bucks County, a leak of jet fuel from a pipeline that runs from Delaware County to Newark, New Jersey, shattered a sense of safety and well-being that residents had taken for granted. Families in a residential neighborhood surrounded by farms and woodlands – and just a couple miles from the site at which Washington crossed the Delaware on Christmas, 1776 – found their water supply from their private wells heavily contaminated by the leaked fuel.
 
Since the operator of the pipeline first acknowledged the spill, response efforts have moved at a seeming glacial pace.  The experience has exposed how inadequate current Pennsylvania law is in addressing such spills in non-industrial areas.
 
At present, Pennsylvania has two primary cleanup statutes. The Hazardous Sites Cleanup Act (HSCA), as its name suggests, is designed to address contamination at hazardous sites like landfills and other industrial facilities.  The Land Recycling and Environmental Remediation Standards Act (better known as Act 2), was enacted in 1995 to encourage voluntary cleanup and redevelopment of contaminated industrial and commercial sites (similar to other states’ statutes, such as New Jersey’s Industrial Sites Recovery Act). Act 2 has been successful in that role. However, neither HSCA nor Act 2 were ever designed to address active spills, pipeline leaks, or emergency situations where contamination poses an immediate threat to residents.
 
As demonstrated by the Washington Crossing spill:
 
  • Cleanup obligations under Act 2 are largely voluntary.
  • There are no statutory deadlines for investigation or remediation in emergency spill situations.
  • DEP lacks explicit authority to take over a cleanup immediately, and recover costs later.
  • Residents can be left waiting while responsibility and remediation plans are debated.
 
These gaps undermine public confidence and delay protection for families.
 
That’s why I intend to introduce the Pennsylvania Environmental Cleanup and Responsibility Act (ECRA), which would address active discharges and immediate threats to human health and the environment.
 
The bill would:
  • require immediate action when hazardous substances are released, including mandatory containment, investigation, and cleanup;
  • hold polluters accountable through strict, joint-and-several liability, ensuring responsible parties - not taxpayers - pay for cleanup;
  • guarantee residential protection, requiring cleanup to standards suitable for unrestricted residential use, including protection of drinking water, soil, and air quality;
  • empower DEP to act decisively, including taking over the cleanup when responsible parties fail to comply, or immediate action is needed;
  • create enforceable timelines so communities are not left waiting indefinitely for answers or action;
  • strengthen funding and accountability, directing penalties and recoveries into the Hazardous Sites Cleanup Fund to support response efforts; and
  • ensure transparency, by requiring DEP to establish a public information portal so residents can track cleanup progress, understand risks, and receive timely updates.
 
This framework closely mirrors New Jersey’s Spill Act, which has been in place for decades and is widely regarded as one of the strongest, state spill-response laws in the country.
 
No Pennsylvanian should have to wonder whether their drinking water is safe while the state and polluters debate process. When a spill occurs in a residential community, the law should be clear:
 
  • cleanup is mandatory;
  • the state can act immediately; and
  • the polluter—not the taxpayer – pays.
 
This legislation ensures that outcome.
 
I respectfully ask you to join me as a co-sponsor of this important legislation to strengthen Pennsylvania’s ability to respond decisively to environmental emergencies, protect public health, and restore confidence that our laws put residents first.