PENNSYLVANIA’S ENVIRONMENTAL GOOD SAMARITAN PROGRAM

Abstract. Pennsylvania enacted an Environmental Good Samaritan Act (PA EGSA) in 1999. The law is intended to encourage landowners and others to reclaim abandoned mineral extraction lands and abate water pollution caused by abandoned mines or orphaned oil and gas wells. The law protects landowners, groups and individuals who volunteer to do such projects from civil and environmental liability under Pennsylvania law. Prior to the PA EGSA, anyone who voluntarily reclaimed abandoned lands or treated water pollution for which they were not liable could be held responsible for treating the residual pollution under Pennsylvania law. This dissuaded people and groups from pursuing these types of projects. Only projects approved by the Pennsylvania Department of Environmental Protection (PA DEP) prior to construction are eligible for protections under the PA EGSA. PA DEP has developed a project proposal form for participants and landowners. Each proposal must identify the project participants and landowners, describe the location of the project and the environmental problems that will be addressed, and establish a work plan for the proposed project. The PA DEP evaluates each proposal to determine if the project is capable of reclaiming the land or improving water quality. The PA DEP will also advise participants on any permits that may be required. Once the project is approved, PA DEP will maintain a permanent record of the participants and landowners who are protected under the PA EGSA.