PRINTER'S NO. 1055
No. 946 Session of 1999
INTRODUCED BY STEIL, MICHLOVIC, CORRIGAN, READSHAW, FICHTER,
HALUSKA, M. COHEN, MELIO, WALKO, WILLIAMS, BATTISTO, TRELLO,
STABACK, McILHINNEY, CURRY, HENNESSEY, ARGALL, LAUGHLIN,
HARHAI, COLAFELLA, ROSS, CIVERA, SAYLOR, MUNDY, FREEMAN,
STEELMAN, CAWLEY, YOUNGBLOOD, DALLY, E. Z. TAYLOR, COSTA,
RUBLEY, SHANER, WOJNAROSKI, ORIE, CAPPABIANCA, MARKOSEK,
McCALL AND DeLUCA, MARCH 22, 1999
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 22, 1999
AN ACT
1 Enabling counties and municipalities to develop watershed-based
2 storm water plans and to regulate storm water within
3 designated watershed boundaries; imposing duties and
4 conferring powers on the Department of Environmental
5 Protection, on the Environmental Quality Board, on counties
6 and on municipalities; and providing for financing.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Legislative findings.
10 Section 3. Purpose.
11 Section 4. Definitions.
12 Section 5. Comprehensive watershed storm water plans.
13 Section 6. Implementation of comprehensive watershed
14 storm water management plan.
15 Section 7. Additional powers and duties of county.
16 Section 8. Duties of municipalities in regulating development
17 of land.
1 Section 9. Entry upon land for surveys and examinations.
2 Section 10. Powers and duties of department and Environmental
3 Quality Board.
4 Section 11. Bond authorization; provisions.
5 Section 12. Remedies of bondholders.
6 Section 13. Preservation of existing rights and remedies.
7 Section 14. Grants.
8 Section 15. Appropriation.
9 Section 16. Effective date.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Comprehensive
14 Watershed Storm Water Act.
15 Section 2. Legislative findings.
16 The General Assembly finds that:
17 (1) There are several adverse consequences of
18 uncontrolled runoff of storm water and subsurface drainage,
19 including increased flood stages in streams, reduced
20 groundwater recharge, erosion and sedimentation problems and
21 decreased stream quality.
22 (2) Watershed-based comprehensive storm water management
23 planning and implementation are critical to protect the
24 public health and safety of the people of this Commonwealth.
25 (3) There is a need for dedicated funding to develop and
26 implement comprehensive watershed storm water plans and to
27 construct storm water facilities to manage and control
28 existing and future storm water runoff and subsurface
29 drainage.
30 Section 3. Purpose.
19990H0946B1055 - 2 -
1 The purpose of this act is to:
2 (1) Enable counties and municipalities to develop
3 comprehensive watershed-based storm water plans for the
4 following purposes:
5 (i) Preventing increased flood stages in streams.
6 (ii) Controlling the quantity, direction and
7 velocity of storm water runoff and subsurface drainage.
8 (iii) Improving groundwater recharge.
9 (iv) Reducing erosion and sedimentation.
10 (2) Encourage the regional implementation of
11 comprehensive watershed storm water management plans within
12 designated watershed boundaries to preserve and protect areas
13 adversely affected by storm water runoff and subsurface
14 drainage.
15 Section 4. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Agency." A county or municipality authorized pursuant to
20 section 5 or 6 to develop or implement a comprehensive watershed
21 storm water plan.
22 "Bonds." The notes, bonds and other evidence of indebtedness
23 or obligations which are authorized to be issued pursuant to
24 section 11.
25 "Commercial property." Any property developed for
26 manufacturing; processing of raw materials or products;
27 nonmanufacturing purposes, including stores, office buildings,
28 shopping centers, industrial parks, trucking terminals or
29 railroads; institutional purposes, including schools, churches,
30 hospitals or other services; or property developed as a primary
19990H0946B1055 - 3 -
1 or secondary residence for occupation by three or more families.
2 "Comprehensive watershed storm water plan." A plan
3 containing all of the elements prescribed under the act of
4 October 4, 1978 (P.L.864, No.167), known as the Storm Water
5 Management Act, plus elements outlined in section 5(c), for the
6 specific purpose of managing all storm water flows within the
7 watershed.
8 "County." A body politic and corporate, created pursuant to
9 the act of August 9, 1955 (P.L.323, No.130), known as The County
10 Code.
11 "Department." The Department of Environmental Protection of
12 the Commonwealth.
13 "Municipality." A city, borough, town, a township or another
14 governmental unit when acting as an agent thereof or any
15 combination of these acting jointly.
16 "Person." An individual, partnership, public or private
17 association or corporation, firm, trust, estate, municipality,
18 county governmental unit, public utility or any other legal
19 entity whatsoever which is recognized by law as the subject of
20 rights and duties.
21 "Regional storm water facility." A storm water facility
22 which is located in, is financed by or serves more than one
23 subdivision or municipality in a watershed.
24 "Residential property." Any property developed as a primary
25 or secondary residence for occupation by two or less families.
26 "Storm water." Drainage runoff from the surface of the land
27 resulting from precipitation or snow or ice melt.
28 "Storm water facility." A natural feature or man made
29 facility that collects, detains, retains, conveys, treats or
30 infiltrates storm water or subsurface drainage.
19990H0946B1055 - 4 -
1 "Subsurface drainage." Drainage runoff which occurs below
2 the surface of the ground, or its surface manifestation,
3 resulting from precipitation, snow or ice melt or alteration or
4 development of land.
5 "Watershed." The entire region or area drained by a river or
6 other body of water, whether natural or artificial, as
7 designated pursuant to the act of October 4, 1978 (P.L.864,
8 No.167), known as the Storm Water Management Act.
9 "Watershed storm water plan." A plan for storm water
10 management prepared for a watershed and adopted by a county in
11 accordance with act of October 4, 1978 (P.L.864, No.167), known
12 as the Storm Water Management Act.
13 Section 5. Comprehensive watershed storm water plans.
14 (a) Local authorization to counties.--The county or counties
15 located in a watershed, acting jointly or through a joint
16 agency, may develop a comprehensive storm water management plan
17 as described in subsection (c). If all counties in the watershed
18 do not agree to develop the plan, then the plan shall assume
19 flow regimes, at the boundaries of the nonparticipating county
20 or counties, which are consistent with the comprehensive
21 watershed storm water plan.
22 (b) Local authorization to municipalities.--If no county in
23 the watershed agrees to develop a comprehensive watershed storm
24 water plan for the watershed, municipalities representing at
25 least 51% of the municipalities within that watershed, acting
26 jointly or through a joint agency may develop a comprehensive
27 watershed storm water plan as described in subsection (c). If
28 all municipalities in the watershed do not agree to develop the
29 plan, then the plan shall assume flow regimes, at the boundaries
30 of the nonparticipating municipalities, which are consistent
19990H0946B1055 - 5 -
1 with the comprehensive watershed storm water plan.
2 (c) Composition.--The comprehensive watershed storm water
3 plan shall consist of, but is not limited to:
4 (1) Identification of existing storm water and
5 subsurface drainage problems in the watershed.
6 (2) Identification of existing storm water facilities in
7 the watershed, their engineering design features, their
8 ownership and maintenance responsibility.
9 (3) A design standard common to all storm water
10 facilities within the watershed.
11 (4) Designation of locations, sizes and types of storm
12 water facilities for construction to correct existing and
13 prevent future storm water and subsurface drainage problems.
14 (5) A priority listing for construction of each storm
15 water facility included in the plan.
16 (6) Identification of financing alternatives for storm
17 water facilities.
18 (7) A program for public information, participation and
19 education.
20 (8) Provision for plan update or review at a minimum of
21 every five years.
22 (9) Demonstration of consistency with other existing
23 Federal, State, interstate, regional, county and municipal
24 environmental and land use plans.
25 (10) Demonstrate consistency with existing watershed
26 storm water plans.
27 (11) Design of a rate structure for fees and assessments
28 to implement the plan.
29 (12) A description of the mechanism by which the plan
30 will be implemented.
19990H0946B1055 - 6 -
1 (d) Development.--Public participation in the development of
2 the comprehensive watershed storm water plan shall be provided
3 as follows:
4 (1) A comprehensive watershed storm water plan advisory
5 committee, composed of at least one representative from each
6 municipality, county and county soil and water conservation
7 district in the watershed shall be established to advise the
8 agency throughout the process.
9 (2) Prior to adoption, the comprehensive watershed storm
10 water plan shall be reviewed by the official planning agency
11 and governing body of each municipality and county and by
12 each regional planing agency in the watershed, for
13 consistency with other plans and programs affecting the
14 watershed. All such reviews and the agency's responses shall
15 be submitted to the department with the plan, at the time an
16 approval of the plan is requested from the department.
17 (3) Prior to adoption or amendment of the plan,
18 reasonable public notice shall be given and a public hearing
19 shall be held within the watershed.
20 (d) Adoption.--Adoption or amendment of the plan shall be by
21 resolution of the governing body or bodies of the agency or
22 agencies identified in subsection (a), which have authorized
23 development of the plan.
24 (e) Approval by department.--Prior to adoption, a
25 comprehensive watershed storm water plan shall be submitted to
26 the department for review and approval. The department shall
27 approve the plan if it determines that it is consistent with the
28 following:
29 (1) Municipal flood plan management plans.
30 (2) State programs which regulate dams, encroachments,
19990H0946B1055 - 7 -
1 water obstructions, erosion and sedimentation.
2 (3) Federal and State flood control and water quality
3 programs.
4 (4) Other watershed storm water plans for the basin in
5 which the watershed is located.
6 (5) The policies and purposes of this act and the act of
7 October 4, 1978 (P.L.864, No.167), known as the Storm Water
8 Management Act.
9 (f) Appeals.--Any person aggrieved by a final decision of
10 the department approving or disapproving a storm water
11 management plan or any amendment to it may appeal the decision
12 to the Environmental Hearing Board in accordance with the
13 provisions of the act of July 13, 1988 (P.L.530, No.94), known
14 as the Environmental Hearing Board Act.
15 Section 6. Implementation of comprehensive watershed storm
16 water management plan.
17 (a) Procedure.--A department-approved comprehensive
18 watershed storm water plan may be implemented in the following
19 manner:
20 (1) All municipalities in a watershed may agree to
21 assume responsibility for implementation of the plan by
22 acting jointly or through a joint agency. When acting without
23 a joint agency, each municipality will carry out the plan
24 within its municipal boundaries. The municipalities may ask
25 the county or counties in the watershed to accept authority
26 to enforce the plan.
27 (2) If two-thirds of the municipalities, representing at
28 least 51% of the population within the watershed, through
29 adoption of resolutions of their governing bodies, request
30 that the county or counties in the watershed assume
19990H0946B1055 - 8 -
1 responsibility for implementation of the plan, then the
2 county or counties shall assume such responsibility.
3 (3) One or more municipalities in the watershed may
4 request that the county or counties in the watershed assume
5 responsibility for implementation of the plan. The county or
6 counties may assume responsibility for implementation of the
7 plan and operational authority for the storm water facilities
8 as provided for in the plan, but only for municipalities
9 which agree to allow the county or counties to assume
10 implementation responsibilities.
11 (b) Exercise of local authority.--A county or counties or
12 municipalities which have assumed responsibility for
13 implementation of the plan shall have the right to exercise
14 authority by any of the following methods:
15 (1) By creating an operational unit under the authority
16 of the county or municipalities or by assigning such
17 responsibility to an existing operational unit.
18 (2) By contracting with any private or public, profit or
19 not-for-profit organization, corporation or other legal
20 entity to perform such responsibilities in accordance with
21 the plan.
22 (c) Powers.--Municipalities exercising the authority to
23 implement the plan under subsection (a)(1) may exercise the
24 following powers:
25 (1) Deny any landowner in a municipality access to the
26 storm water facilities constructed pursuant to the plan
27 unless the landowner complies with the municipal ordinances
28 adopted under this act.
29 (2) Install necessary storm water facilities on private
30 property if the landowner does not comply with the municipal
19990H0946B1055 - 9 -
1 ordinances adopted under this act requiring installation of
2 storm water facilities for activities on the landowner's
3 property, and assess costs against such landowner, which
4 costs shall be recoverable in the same manner as assessments
5 under section 7.
6 (d) Ceding of authority.--If a county or counties assume
7 responsibility for implementation of the storm water management
8 implementation plan, then the cooperating municipalities shall
9 cede to the county or counties all existing storm water
10 facilities under municipal ownership and all powers provided for
11 in subsection (c).
12 (e) Fee authorization.--The county may levy a storm water
13 use fee on real property to pay for all costs associated with
14 implementation under this section as defined in section 7.
15 (f) Reimbursement of implementation costs.--A municipality
16 shall be reimbursed by the county for its costs of
17 implementation under subsection (a)(1) and (3).
18 (g) Design criteria and standards.--The county shall be the
19 sole arbiter of the engineering design and standard for any
20 storm water facility implemented under this section and shall
21 have no responsibility to reimburse the cost of any facility not
22 meeting the design criteria.
23 Section 7. Additional powers and duties of county.
24 (a) Plan development and implementation.--In addition to any
25 existing powers, the county responsible for development or
26 implementation of the comprehensive watershed storm water plan
27 shall have the power and duty to:
28 (1) Fix, alter, charge and collect rates and fees in the
29 area served by the county and the associated watershed at
30 reasonable and uniform rates as determined exclusively by the
19990H0946B1055 - 10 -
1 county in order to carry out the powers and duties authorized
2 under this act, including preparation of comprehensive
3 watershed storm water plans and their implementation and the
4 acquisition or construction of storm water facilities in the
5 watershed.
6 (i) These fees shall be assessed on real property in
7 the watershed according to the following schedule:
8 (A) Residential properties shall be assessed a
9 flat rate without regard to size or value.
10 (B) Commercial properties shall be assessed a
11 flat rate per square foot of impervious surface
12 coverage.
13 (ii) The fees established under this paragraph by a
14 county shall be added to the annual real estate tax
15 authorized and collected under, as appropriate, the act
16 of December 31, 1965 (P.L.1257, No.511), known as The
17 Local Tax Enabling Act, or the act of May 22, 1933
18 (P.L.853, No.155), known as The General County Assessment
19 Law, and under the act of June 17, 1913 (P.L.507,
20 No.335), referred to as the Intangible Personal Property
21 Tax Law, authorizing counties to collect taxes.
22 (iii) The fees established under this paragraph
23 shall not exceed the cost of preparation or
24 implementation of the comprehensive watershed storm water
25 plan, which may include administrative, operating and
26 maintenance expenses and the payment of principal and
27 interest on its obligations.
28 (iv) A county or agency which collects a fee under
29 this paragraph shall obtain departmental approval of the
30 comprehensive watershed storm water plan within two years
19990H0946B1055 - 11 -
1 after beginning to collect the fee or collection must
2 terminate.
3 (2) Make expenditures necessary to prepare and implement
4 the comprehensive watershed storm water plan.
5 (3) Determine exclusively the services and improvements
6 required to provide safe, adequate and reasonable service in
7 the areas served.
8 (4) Deposit the revenues collected under this section in
9 a dedicated account and use them only to develop and/or
10 implement a comprehensive watershed storm water plan.
11 (5) Collect delinquent fees in accordance with the act
12 of May 16, 1923 (P.L.207, No.153), referred to as the
13 Municipal Claim and Tax Lien Law. Any resident, owner of real
14 property or person in the watershed questioning the rate
15 fixed by the agency or the adequacy, safety and
16 reasonableness of the agency's services, including extensions
17 thereof, shall first raise such objections with the agency.
18 After exhausting their administrative remedies, such persons
19 may bring suit against the agency in the court of common
20 pleas of the county in which the storm water facility is
21 located or, if the storm water facility is located in more
22 than one county, in the court of common pleas of the county
23 wherein the principal office of the owner of the storm water
24 facility is located. The court of common pleas shall have
25 exclusive jurisdiction to determine all such questions
26 involving rates or service.
27 (6) Levy and collect benefit assessments upon the
28 properties within the watershed for the purpose of acquiring
29 or constructing regional storm water facilities, which
30 properties, in its judgment, are especially benefited thereby
19990H0946B1055 - 12 -
1 whether they abut such facilities or not, according to such
2 rule as the agency adopts, subject to the right of appeal.
3 These assessments may include a proportionate share of the
4 cost of any part of the regional storm water facility,
5 including the cost of preliminary studies and surveys,
6 detailed working plans and specifications, acquisition of
7 necessary land or property or an interest therein, damage
8 awards, construction costs, interest charges during
9 construction, legal or other fees or any other expense
10 incidental to the completion of the work. In assessing
11 benefits and apportioning the amount to be raised among the
12 properties benefited, the agency may give consideration to
13 the area, to assessed real estate value, to present or
14 permitted use of the benefited properties and to any other
15 relevant factors. Revenue from the assessment of benefits
16 shall be used solely for the acquisition or construction of
17 the regional storm water facility, provided that such
18 assessments are solely for the payment of principal and
19 interest on bonds or notes issued to finance such acquisition
20 or construction. No assessment shall be made against any
21 property in excess of the special benefit to accrue to such
22 property.
23 (7) Fulfill the terms and provisions of any agreements
24 made with the purchasers or holders of any such obligation of
25 the agency.
26 (8) Borrow money, make and issue negotiable notes,
27 bonds, refunding bonds, and other evidences of indebtedness
28 or bonds of the agency, the bonds to have a maturity date not
29 longer than 40 years from the date of issue.
30 (9) Secure payment of the bonds or any part thereof by
19990H0946B1055 - 13 -
1 pledge or deed of trust of all or any of its revenues and
2 receipts, and to make such agreements with the purchasers or
3 holders of such bonds or with others in connection with any
4 such bonds, whether issued or to be issued.
5 (10) Borrow money and issue such notes, bonds and other
6 indebtedness and obligations jointly with any adjoining
7 state, as the agency shall deem advisable and, in general, to
8 provide for the security for the bonds and the rights of the
9 holders thereof and in respect to any storm water facility
10 constructed and operated under agreement with any such
11 agency. Any agency may enter into any deed of trust,
12 indenture or other agreement with any bank or trust company
13 or other person or persons in the United States having power
14 to enter into the same, including any Federal agency, as
15 security of such bonds and may assign and pledge all or any
16 of the revenue of receipts of the agency thereunder. Such
17 deed of trust, indenture or agreement may contain such
18 provisions as may be customary in such instruments or as the
19 agency may authorize, including, but not limited to, the
20 following:
21 (i) The construction, improvement, operation,
22 maintenance and repair of any storm water facility and
23 the duties of the agency with reference thereto.
24 (ii) The application of funds and the safeguarding
25 of funds on hand or on deposit.
26 (iii) The rights and remedies of the trustee and the
27 holder of the bonds, which may include restrictions upon
28 the individual right of action of such bondholders.
29 (iv) The terms and provisions of the bonds or the
30 resolutions authorizing the issuance of the same.
19990H0946B1055 - 14 -
1 (11) Use any available Federal or State funds, and any
2 other funds, and set up accounts as are necessary to
3 implement the provisions of this act.
4 (12) Implement the approved comprehensive watershed
5 storm water plan. These powers may include, but are not
6 limited to:
7 (i) Developing technical details for the storm water
8 facilities to be implemented in accordance with the
9 approved comprehensive watershed storm water plan.
10 (ii) Planning for capital facilities, including the
11 development of maintenance schedules.
12 (iii) Reviewing and approving the location, design
13 and construction within the watershed of facilities,
14 owned or financed, in whole or in part, by funds from the
15 Commonwealth, including storm water facilities,
16 obstruction, flood control projects, highways and
17 transportation facilities, and facilities for the
18 provision of public utility service, to assure their
19 consistency with the comprehensive watershed storm water
20 plan. The county shall review and take action on such
21 submissions within 45 days of receipt of application.
22 (iv) Inspection of storm water facilities for
23 adherence to plans and construction and maintenance
24 standards.
25 (v) Providing for routine maintenance.
26 (13) Construct regional storm water facilities.
27 (14) Cooperate with emergency response and relief
28 agencies.
29 (15) Make contracts of every name and nature and execute
30 instruments necessary or convenient for the carrying out of
19990H0946B1055 - 15 -
1 its business.
2 (16) Provide for public comment on any project involving
3 the construction of capital facilities.
4 (17) Conduct management practices to ensure the
5 satisfactory performance of the duties of the agency,
6 including, but not limited to, an annual audit and
7 engineering review, provision of necessary and proper
8 insurance coverage and preparation of an annual report for
9 the citizens. Public hearings shall be scheduled annually to
10 review the agency's budget and spending plan for the coming
11 year.
12 (18) Prepare and implement actions to correct existing
13 storm water and subsurface drainage problems as necessary
14 under the approved comprehensive watershed storm water plan,
15 according to sound engineering practices and in the most
16 cost-effective manner.
17 (19) Notify the department, as may be required by
18 regulations, of activities undertaken by the agency.
19 (20) The bonds shall have all the qualities of
20 negotiable instruments under the law merchant and the
21 negotiable instruments law of this Commonwealth.
22 (b) Other requirements.--The powers and duties under this
23 section in no way relieve persons engaged in the alteration or
24 development of land of the responsibility to comply with the
25 requirements of municipal storm water ordinances, the approved
26 comprehensive watershed storm water plan and the requirements of
27 the act of October 4, 1978 (P.L.864, No.167), known as the Storm
28 Water Management Act.
29 Section 8. Duties of municipalities in regulating development
30 of land.
19990H0946B1055 - 16 -
1 A municipality shall regulate development activities
2 consistent with any applicable approved comprehensive watershed
3 storm water plan.
4 Section 9. Entry upon land for surveys and examinations.
5 Designated representatives of the agency, upon serving a
6 reasonable notice, may enter upon lands in the watershed to make
7 surveys and examinations to accomplish the necessary purposes of
8 the agency or to have access to storm water facilities.
9 Section 10. Powers and duties of department and Environmental
10 Quality Board.
11 (a) Technical assistance.--Upon request of a county or
12 municipality, the department shall provide technical assistance
13 as required for the purposes of this act. The department may
14 prepare and issue such guidelines as may be appropriate to
15 assist in the implementation of this act.
16 (b) Department authority.--Nothing in this act shall be
17 construed to abrogate the authority of the department under any
18 of the environmental laws administered by the department.
19 (c) Environmental Quality Board.--The Environmental Quality
20 Board shall adopt such rules and regulations of the department
21 as are necessary and appropriate to carry out the purposes of
22 this act.
23 (d) Approval of comprehensive watershed storm water plan.--
24 The department shall approve a comprehensive watershed storm
25 water plan, if it is consistent with this act, the act of
26 October 4, 1978 (P.L.864, No.167), known as the Storm Water
27 Management Act and the rules and regulations of the
28 Environmental Quality Board.
29 Section 11. Bond authorization; provisions.
30 (a) Authorization.--The bonds of any agency shall be
19990H0946B1055 - 17 -
1 authorized by resolution of the board of directors and shall be
2 of the series, bear such date or dates, mature at such time or
3 times, not exceeding 40 years from their respective dates, and
4 bear interest at such rate or rates as shall be determined by
5 the agency to be necessary to issue and sell the authorized
6 bonds. The bonds shall meet all of the following:
7 (1) Be payable semiannually.
8 (2) Be in denomination and form, either coupon or fully
9 registered without coupons.
10 (3) Carry registration, exchangeability and
11 interchangeability privileges.
12 (4) Be subject of terms of redemption, not exceeding
13 150% of the principal amount thereof.
14 (5) Be entitled to priorities in the revenues of
15 receipts of the agency as resolution or resolutions may
16 provide.
17 (6) Be signed by or bear the facsimile signature of such
18 officers as the agency shall determine. Coupon bonds shall
19 include interest coupons bearing the facsimile signature of
20 the treasurer of the agency, and all bonds shall be
21 authenticated by an authenticating agent, fiscal agent or
22 trustee, all as may be prescribed in the resolution or
23 resolutions. These bonds may be issued and delivered,
24 notwithstanding that one or more of the officers signing the
25 bonds, or the facsimile of whose signature shall be upon the
26 bonds or the coupons shall have ceased to be the officer or
27 officers at the time when the bonds are actually delivered.
28 (b) Provisions.--Any resolution or resolutions authorizing
29 any bonds may contain provisions which shall be part of the
30 contract with the holders thereof, as to the following:
19990H0946B1055 - 18 -
1 (1) Pledging the full faith and credit of the agency,
2 but not of the Commonwealth, for such obligations or
3 restricting the same to all or any of the revenues of the
4 agency from activities authorized by this act.
5 (2) The construction, improvement, operations,
6 extension, enlargement, maintenance and repair of storm water
7 facilities and the duties of the agency with reference
8 thereto.
9 (3) The terms and provisions of the bonds.
10 (4) Limitations on the purpose to which the proceeds of
11 the bonds then or thereafter to be issued or of any loan or
12 grant by the United States may be applied.
13 (5) The rate of tolls and other charges for use of the
14 facilities of or for the services rendered by the agency.
15 (6) The setting aside of reserves or sinking funds and
16 the regulation and disposition thereof.
17 (7) Limitations in the issuance of additional bonds.
18 (8) The terms and provisions of any deed of trust or
19 indenture which secure the bonds or under which the same may
20 be issued.
21 (9) Any other or additional agreements with the holders
22 of the bonds.
23 Section 12. Remedies of bondholders.
24 (a) Agency default.--The rights and remedies herein
25 conferred upon or granted to the bondholders shall be in
26 addition to and not in limitation of any rights and remedies
27 lawfully granted to such bondholders by the resolution or
28 resolutions providing for the issuance of bonds or by any deed
29 of trust, indenture or other agreement under which the same may
30 be issued. In the event that the agency shall default in the
19990H0946B1055 - 19 -
1 payment of principal or interest on any of the bonds after the
2 principal or interest shall become due, whether at maturity or
3 upon call for redemption, and such default shall continue for a
4 period of 30 days or in the event that the agency shall fail or
5 refuse to comply with the provisions of this act or shall
6 default in any agreement made with the holders of the bonds, the
7 holders of 25% in aggregate principal amount of the bonds then
8 outstanding, by instrument or instruments filed in the office of
9 the recorder of deeds of the county and proved or acknowledged
10 in the same manner as a deed to be recorded, may appoint a
11 trustee to represent the bondholders for the purpose provided in
12 this act.
13 (b) Action.--The trustee under subsection (a) and any
14 trustee under any deed of trust, indenture or other agreement
15 may and, upon written request of the holders of 25%, or other
16 percentages as may be specified in any deed of trust, indenture
17 or other agreement, in principal amount of the bonds then
18 outstanding shall, in his or its own name:
19 (1) By mandamus or other suit, action or proceeding at
20 law or in equity, enforce all rights of the bondholder,
21 including the right to require the agency to collect rates,
22 fees and other charges that are adequate to carry out any
23 agreement as to or pledge of the revenues or receipts of the
24 agency and require the agency to carry out any other
25 agreements with or for the benefit of the bondholders and to
26 perform its and their duties under this act.
27 (2) Bring suit upon the bonds.
28 (3) By action or suit in equity, require the agency to
29 account as if it were the trustee of an express trust for the
30 bondholders.
19990H0946B1055 - 20 -
1 (4) By action or suit in equity, enjoin any acts or
2 things which may be unlawful or in violation of the rights of
3 the bondholders.
4 (5) By notice in writing to the agency, declare all
5 bonds due and payable and, if all defaults shall be made
6 good, then, with the consent of the holders of 25%, or other
7 percentages as may be specified in any deed of trust
8 indenture or other agreement, of the principal amount of the
9 bonds then outstanding, to annul such declaration and its
10 consequences.
11 (c) Jurisdiction.--The court of common pleas of the county
12 shall have jurisdiction of any suit, action or proceedings by
13 the trustee on behalf of the bondholders.
14 (d) Appointment of receiver.--The trustee, when appointed or
15 acting under a deed of trust, indenture or other agreement and
16 whether or not all bonds have been declared due and payable, may
17 appoint a receiver.
18 (e) Powers and duties of receiver.--The receiver may enter
19 and take possession of the facilities of the agency or any part
20 of them, and the revenues and receipts from the facilities may
21 be used for the payment of the bonds in default. The receiver
22 may operate and maintain the facilities and collect and receive
23 all fees and other revenues arising from them in the same manner
24 as the agency might do and shall deposit these moneys in a
25 separate account and use them as the court directs.
26 (f) Compensation of trustee and receiver.--In any suit,
27 action or proceeding by the trustee, the fees, attorney fees and
28 expenses of the trustee, and of the receiver, if any, and all
29 costs and disbursements allowed by the court shall be the first
30 charge on any revenues or receipts which are or may be
19990H0946B1055 - 21 -
1 applicable to the payment of the bonds so in default.
2 (g) Powers and duties of trustee.--The trustee shall, in
3 addition to the foregoing, have and possess all of the powers
4 necessary or appropriate for the exercise of any functions
5 specifically set forth in this act or incident to the general
6 representation of the bondholders in the enforcement and
7 protection of their rights.
8 (h) Limitations.--Nothing in this act shall authorize any
9 receiver appointed under this act to dispose of any of the
10 assets of whatever kind and character belonging to the agency.
11 The receiver may only operate and maintain the facilities of the
12 agency as the court shall direct. No holder of bonds of the
13 agency nor any trustee may, at law or in equity, compel a
14 receiver to sell, assign, mortgage or otherwise dispose of any
15 assets belonging to the agency.
16 Section 13. Preservation of existing rights and remedies.
17 The taking of any action under the provisions of this act
18 shall not be construed as estopping the Commonwealth or any
19 county, municipality or aggrieved person from proceeding in
20 courts of law or equity to abate nuisances under existing law or
21 to restrain, at law or in equity, a violation of this act.
22 Section 14. Grants.
23 (a) Purpose.--The department may administer grants to
24 municipalities and counties and to assist or reimburse them for
25 costs in preparing comprehensive watershed storm water plans
26 under this act. Grants and reimbursements shall be made from and
27 to the extent of funds appropriated by the General Assembly for
28 such purposes and shall be made in accordance with rules and
29 regulations promulgated by the Environmental Quality Board.
30 (b) Amount.--A grant shall not exceed 25% of the allowable
19990H0946B1055 - 22 -
1 costs for the preparation of a comprehensive watershed storm
2 water plan by any municipality or county. The grant shall be in
3 addition to grants for similar purposes made to any municipality
4 or county by the Federal Government, but the total of both
5 Federal and State grants shall not exceed 25% of the allowable
6 costs incurred by the municipality or county.
7 Section 15. Appropriation.
8 There is hereby appropriated $1,000,000 for the fiscal year
9 1999-2000 to the Department of Environmental Protection for the
10 administrative and general expenses necessary in implementing
11 this act.
12 Section 16. Effective date.
13 This act shall take effect in 60 days.
C16L27JAM/19990H0946B1055 - 23 -