PRINTER'S NO. 3222
No. 2457 Session of 1996
INTRODUCED BY REBER, DeLUCA, TRELLO, STERN, FICHTER, SATHER,
LYNCH, BAKER, OLASZ, STISH, HENNESSEY, CLARK, FARGO, GEIST,
SAYLOR, BROWN, VAN HORNE, HALUSKA, FLICK AND NICKOL,
MARCH 13, 1996
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 13, 1996
AN ACT
1 Regulating the imposition of fines and penalties upon
2 municipalities and municipal authorities by the Department of
3 Environmental Protection.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Municipal
8 Sanctions Assessment Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Environmental Protection of
14 the Commonwealth.
15 Section 3. Limitations.
16 The Department of Environmental Protection shall not assess
17 or impose upon any municipality or municipal authority within
1 this Commonwealth fines in excess of $10,000 or fines and
2 penalties combined in excess of $25,000 for any one or more
3 violations of any one or more environmental statutes or
4 regulations arising from any one incident at a facility owned or
5 operated by the municipality or municipal authority,
6 notwithstanding any other law or regulation to the contrary.
7 Section 4. Disposition of fines and penalties.
8 All fines and penalties received by the department in excess
9 of $10,000 shall be distributed, as funds permit, in the
10 following priority order:
11 (1) Rehabilitation of the existing facility to bring the
12 facility up to required environmental protection standards,
13 which rehabilitation may include expenditures for equipment
14 and materials to correct operating deficiencies at the
15 facility involved in the violation.
16 (2) Environmental improvement projects of any type at
17 other facilities under the ownership or control of the
18 municipality or municipal authority.
19 (3) To the appropriate environmental fund designated in
20 the statute or statutes under which the fines and penalties
21 were assessed.
22 Section 5. Oversight and reporting.
23 (a) General rule.--All funds distributed under section 4 to
24 a municipality or municipal authority shall be used only for
25 such rehabilitation projects and environmental improvement
26 projects as authorized by the department after consultation with
27 the municipality or the municipal authority.
28 (b) Reports.--A municipality or municipal authority shall,
29 not less than quarterly, submit a detailed report to the
30 department relating to the use of the funds distributed under
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1 section 4 and shall submit a final report when all funds are
2 expended or the project is complete, whichever occurs first.
3 (c) Guidelines.--The department shall develop and publish
4 guidelines for the implementation of this act which shall
5 include the policy to be used by the department in determining
6 the eligibility of projects, a nonexclusive description of the
7 types of rehabilitation projects and environmental improvement
8 projects which would qualify for funding under section 4(1) and
9 (2) and requirements for monitoring by the department and
10 reporting by the municipality or municipal authority on the use
11 of the funds.
12 Section 6. Applicability.
13 The provisions of this act shall apply to the Pennsylvania
14 Fish and Boat Commission insofar as it applies to enforcement
15 activities arising from pollution or contamination of the
16 streams and waterways of this Commonwealth.
17 Section 7. Effective date.
18 This act shall take effect immediately.
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