35 Pa. Stat. § 770.3

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 770.3 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Board." The Environmental Quality Board.

"Community sewage system." Any system, whether publicly or privately owned, for the collection of sewage or industrial wastes of a liquid nature from two or more lots and the treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.

"Department." The Department of Environmental Resources of the Commonwealth and its authorized representatives.

"Individual sewage system." A wastewater system or any part of a wastewater system consisting of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of this Commonwealth or by means of conveyance to another site for final disposal; an alternate individual sewage system shall mean any individual sewage system not heretofore recognized by rules, regulations and standards of the department.

"Label." The written, printed or graphic matter on or attached to the product or device or any container or wrapper of such product or device.

"Labeling." All labels and all other written, printed or graphic matter accompanying the product or device at any time or to which reference is made on the label or in literature accompanying the product or device except to any official publication of any Federal or State agency or institution authorized by law to conduct research in sewage disposal, including sewage cleaners or additives.

"Manufacturer." The formulator, distributor, packager or person who manufactures, formulates, mixes, combines, processes or prepares a product for wholesale or retail sale specifically as a sewage system cleaner or additive. The term does not include a person who makes and/or sells base chemicals that might be used in the manufacture, formulation or other processing of substances for sale as a sewage system cleaner or additive.

"Misbranded." A product or device is misbranded if:

(1) Its labels or labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

(2) Any word, statement or other information required by or under authority of this act, including regulations adopted hereto, to appear on the label or labeling is not prominently placed thereon with such conspicuousness and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase.

(3) The labeling or information accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and if complied with, together with any requirement imposed under this act, are adequate to protect health or groundwater or surface water.

(4) There is not affixed to the container of the product or the device a label bearing:

(i) the name and address of the manufacturer or person for whom produced; and

(ii) the name, brand or trademark under which the product or device is sold. "Person." Any individual, partnership, corporation, manufacturer, association, institution, cooperative enterprise, municipal authority, the Federal Government and its agencies, State institutions and agencies (including, but not limited to, the Department of General Services and the State Public School Building Authority), municipalities or other legal entity whatsoever which is recognized by law as the subject of rights and duties. In any provision prescribing a fine or imprisonment or penalty, or any combination of the foregoing, the term "person" shall include the officers and directors of any corporation or other legal entity having officers and directors.

"Restricted chemical material." A chemical material containing concentrations in excess of one part per hundred or such other concentration as the Environmental Quality Board may designate by regulation, by weight of any of the following:

(1) Any halogenated hydrocarbon chemical, aliphatic or aromatic, including, but not limited to, trichloroethane, trichloroethylene, tetrachloroethylene, methylene chloride, halogenated benzenes and carbon tetrachloride.

(2) An aromatic hydrocarbon chemical, including, but not limited to, benzene, toluene and naphthalene.

(3) A phenol derivative in which a hydroxy group and two or more halogen atoms are bonded directly to a six-carbon aromatic ring, including, but not limited to, trichlorophenol or pentachlorophenol.

(4) Acrolein, acrylonitrile or benzidine.

(5) Any other chemical material designated by regulation by the Environmental Quality Board. The term does not include perfumes, coloring agents or any chemical material which is biodegradable and not a significant source of contamination of the groundwaters or surface water.

"Sewage system." Any part of any community sewage system or individual sewage system, including, but not limited to, all toilets, piping, drains, sewers, septic tanks, distribution boxes, absorption fields, seepage pits, cesspools and dry wells.

"Sewage system cleaner or additive." Any solid or liquid material intended to be used or used primarily for the purpose of cleaning, treating or unclogging any part of a sewer system, but excluding those products intended to scour, clean, treat, disinfect or deodorize the surface of common fixtures, including, but not limited to, sinks, tubs, showers and toilets. Further excluded from the term are compounds used in municipal waste water treatment systems, industrial waste water treatment systems for which a National Pollutant Discharge Elimination System (NPDES) permit has been issued or industrial waste water treatment systems which discharge to a publicly owned treatment works as flocculants, foam control agents, emulsion breakers and corrosion and scale inhibitors.

35 P.S. § 770.3

1992, May 28, P.L. 249, No. 41, § 3, effective in 180 days.