Environmental Clean Up and Responsibility Act
The Pennsylvania Constitution guarantees all Pennsylvanians the right to clean water. However, current state law does not allow the Pennsylvania Department of Environmental Protection to step in when hazardous spills occur in residential communities and clean ups by polluters are largely voluntary. The Pennsylvania Environmental Cleanup and Recovery Act (ECRA) would make clean up mandatory, fast and transparent for residents, and empower DEP to recover the cost of clean up from polluters through strict joint and severable liability. The polluter, not the taxpayer, must pay for environmental cleanup.
Upper Makefield Pipeline Timeline
Over one year after a jet fuel pipeline leak contaminated private wells in Upper Makefield Township, causing water in residents’ homes to smell like petroleum. After a year of community meetings, letters, and demands for accountability from Sunoco/Energy Transfer, the owners of the pipeline, families are still waiting for full answers and remediation. This spill exposed a major gap in Pennsylvania law when environmental contamination happens in residential, non-industrial areas.
Why have our current laws failed the residents of Upper Makefield?
The sad reality is if the Upper Makefield pipeline leak had happened just two miles to the east in New Jersey residents would have had access to much stronger state government protections. ECRA is based on the New Jersey Spill Act, one of the strongest spill-response laws in the country.
Currently, in Pennsylvania the laws governing hazardous spills include the Hazardous Sites Clean Up Act and Act 2. The Hazardous Sites Clean Up Act was designed to clean up landfills and industrial facilities, not residential areas. Act 2 was intended to clean up industrial sites and provide liability insurance for those cleaning up the sites so they could get cleaned up quickly and back into the economy. Clean up is largely voluntary and these laws are designed for redevelopment, not emergencies where families’ clean drinking water is at risk.
Residents in Upper Makefield have been left in limbo while polluters debate responsibility and remediation plans. Under our current laws, the outcome has been delayed action, uncertainty, and eroded public trust. We cannot allow this to happen in another community.
What would ECRA change for Pennsylvanians facing a hazardous spill near their homes?
If passed and signed into law ECRA would:
Require immediate action when hazardous substances are released, including containment, investigation, and cleanup.
Make cleanup mandatory, not optional, when residents are at risk.
Hold polluters fully accountable through strict, joint-and-several liability so taxpayers are not left footing the bill.
Guarantee residential-level cleanup standards, protecting drinking water, soil, and air for unrestricted residential use.
Empower DEP to act decisively, including stepping in immediately when responsible parties fail to act or time is critical.
Create enforceable timelines so communities are not left waiting indefinitely.
Strengthen funding and accountability by directing penalties and cost recoveries into the Hazardous Sites Cleanup Fund.
Ensure transparency, requiring a public-facing portal so residents can track cleanup progress and understand risks.
No Pennsylvanian should have to wonder whether their drinking water is safe while lawyers debate process. Environmental emergencies require speed, clarity, and accountability, not voluntary compliance. ECRA would put residents first and restores confidence that the law will protect communities when it matters most.
How can you support ECRA?
We need your help to get ECRA to the Governor’s desk and make sure all Pennsylvanians are protected from hazardous spills in residential areas. Take a look at our Advocacy Guide for ideas on how you can promote ECRA and get other legislators on our side. We’ve also provided social media posts you can use to let others in your communities know about ECRA. Finally, please sign our petition to support ECRA and make your voice heard!
