Deputy Secretary Gaito Says "No Backsliding" on UECA
Earlier today, Jill Gaito, PADEP's Deputy Secretary for Revitalization and Local Government Support, reached out to me regarding the Department's implementation of UECA. According to Deputy Secretary Gaito, she intends to ensure that the Department's implementation of UECA does not result in a dramatic change to the Act 2 program. She is appealing for calm while the Department puts together additional information for the regulated community. She boldly stated that the "Land Recycling Program will not backslide on her watch." She further instructed that anyone who has questions regarding the Department's implementation of UECA should direct their inquiries to Troy Conrad, the Director of the Land Recycling Program in Central Office.
I very much appreciated the call from Deputy Secretary Gaito. It's clear that she has heard the concerns being expressed by those who are invested in the success of the Act 2 program, and she is taking those concerns very seriously. It sounds like more information may be coming out of the Department later this week or early next week. Until then, we should all take a deep breath. The sky is not falling.
Joel--obtaining Act 2 liability protection would be exponentially more difficult in many cases if UECA is interpreted to require that neighboring landowners sign an environmental covenant in order to satisfy Act 2 standards. You are absolutely correct that such a requirement will stifle many deals and undercut the accomplishments of Act 2. At a minimum, there needs to be full public discussion before any policy or guidance is established.