Attorney General Corbett

Attorney General Tom Corbett this week announced his support for proposed amendments to Pennsylvania's Clean Streams Law and Solid Waste Management Act significantly increasing the penalties for those who harm Pennsylvania's land and waterways.

Corbett joined with Rep. Reichley (R-Berks), who is sponsoring the proposed changes.

"It is important that we send a clear message to polluters that Pennsylvania is not a dumping ground for their waste," Corbett said. "These changes will enhance our efforts to investigate and prosecute environmental crimes across our state, and also ensure that the punishment fits their crime."

Corbett explained that the proposed legislation would substantially increase the penalties for violations of the Clean Streams Law and the Solid Waste Management Act to a maximum of seven years imprisonment and a $50,000 fine. Currently, most violations carry a maximum possible sentence of one-year imprisonment and a $25,000 fine.

Additionally, the legislation calls for tougher penalties in cases where prosecutors can prove that the pollution was intentional and also increases penalties based on the amount of waste that was dumped.

"Current penalties don't do enough to prevent pollution across the Commonwealth," Rep. Reichley said. "Stronger penalties are needed to discourage reckless or intentional pollution and better enable the Attorney General to go after environmental law violators."

Corbett said current law treats water pollution and dumping cases as third-degree misdemeanors - the lowest level of misdemeanor offense under Pennsylvania law.

"We need to make sure that the punishment fits the crime," Corbett said. "It's common sense that large scale polluters should face stiffer fines and longer prison terms, but that's not the case under current state law. Right now, all these crimes are treated the same."

Under House Bill 2042, violations of the Clean Streams Law would be increased to a second-degree misdemeanor for cases involving negligence, punishable by up to two years imprisonment and a $25,000 fine.

Intentional violations of the Clean Streams Law would be increased to a third-degree felony, punishable by up to seven years imprisonment and a $50,000 fine.

Corbett said the proposed legislation would also modify the Solid Waste Management Act, adjusting penalties based on the volume of waste.

In House Bill 2043, violations involving more than 100 cubic yards of waste - approximately 50 pickup trucks - would be classified as first-degree misdemeanors, punishable by up to five years imprisonment and a $50,000 fine. Violations involving more than 500 cubic yards of waste - approximately five large tractor trailers - would be classified as third-degree felonies, punishable by seven years imprisonment and a $50,000 fine.

Corbett said the current penalties are inadequate to effectively deter pollution, and may actually make Pennsylvania an attractive dumping ground for polluters who face much tougher penalties in neighboring states such as New Jersey, New York and Maryland.

"Pennsylvania should not be a safe haven for out-of-state polluters, who dump their waste here in order to escape harsher penalties in their home states," Corbett said. "These amendments bring our Clean Streams Law and Solid Waste Management Act more closely in line with our neighbors and with federal environmental regulations."

Corbett added that the proposed changes to the Clean Steams Law will also better protect Pennsylvania's waterways against biological or chemical attack, allowing for much harsher punishment in those instances.

"Any effort to compromise the safety of our drinking water supply deserves far more than a slap on the wrist, but that is essentially all our current law allows," Corbett said. "It is vital that we take steps now to safeguard Pennsylvania's abundant natural resources, keeping our water and our land clean for future generations."

Corbett said the legislation would also increase the statute of limitations for violations of the Clean Streams Law from two years to five years, giving authorities additional time to investigate pollution, identify violators and prosecute those cases.

Corbett thanked Rep. Reichley for introducing this legislation and encouraged the General Assembly to quickly approve these much needed enhancements to Pennsylvania's environmental protection laws.

NewsClips: Editorial: Punish Polluters with Better Laws

10/14/2005