CORRECTIVE REPRINT

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PIPPY, FONTANA, WONDERLING, FERLO, ORIE, LOGAN AND COSTA, FEBRUARY 19, 2009

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 19, 2009   

AN ACT

Amending the act of April 8, 1949 (P.L.418, No.58), entitled "An

act to provide for and regulate the accumulation, investment,

and expenditure of funds by cities, boroughs, incorporated

towns and townships for preparing plans for sewage disposal

systems, and for the construction, improvement or replacement

of sewage disposal systems for which plans have been approved

by the Sanitary Water Board of the Commonwealth," further

providing for definitions and for expenditure of fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1 and 4 of the act of April 8, 1949

(P.L.418, No.58), entitled "An act to provide for and regulate

the accumulation, investment, and expenditure of funds by

cities, boroughs, incorporated towns and townships for preparing

plans for sewage disposal systems, and for the construction,

improvement or replacement of sewage disposal systems for which

plans have been approved by the Sanitary Water Board of the

Commonwealth," are amended to read:

Section 1.  Definitions.--[As used in this act, the word or

phrase "Municipality" means any city, borough, incorporated

town, or township.] The following words and phrases when used in

this act shall have the meanings given to them in this section

unless the context clearly indicates otherwise:

"Department" means the Department of Environmental Protection

of the Commonwealth.

"[Municipality] Municipal Authority" means a body politic and

corporate created pursuant to the provisions of the Municipality

Authorities Act of 1945 [or], the Municipality Authorities Act

of 1935[.] or 53 Pa.C.S. Ch. 56 (relating to municipal

authorities).

"Municipality" means any city, borough, incorporated town or

township.

"Private lateral sewer line" means a private sewer line

serving a structure or dwelling, running from the structure or

dwelling to a public sewer line.

"Sewage Disposal System" means a system for the disposal of

sewage, including all pipes carrying the sewage and all sewage

treatment works.

"Special Fund" means a sewage disposal system fund created,

invested and expended in accordance with this act.

"Sanitary Water Board" means the Sanitary Water Board of the

Commonwealth.

Section 4.  Expenditure of Fund.--The following shall apply:

(1)  The moneys in any such special fund may be expended by

the municipality singly, or jointly with the Federal Government,

the Commonwealth or any department or agency thereof, or with

one or more other municipalities or municipality authorities,

only for preparing plans for a sewage disposal system and for

the construction, improvement or replacement of a sewage

disposal system for which plans have been approved by the

[Sanitary Water Board.] department.

(2)  (i)  Municipalities and municipal authorities may use

public funds for the improvement, extension, repair or

rehabilitation of private lateral sewer lines connected to

public sewer systems in instances where:

(A)  the municipality or municipal authority determines that

such activities will benefit the public health through the

prevention of overflows and sewage backups onto private

property;

(B)  the municipality or municipal authority has been ordered

by any public health or environmental agency having jurisdiction

to reduce infiltration and inflow; or

(C)  private laterals have been identified through an

appropriate engineering study to be shown as significant

contributors to the wet weather overflow problem and sewer

system capacity and are determined to be a cost-effective

component of the solution.

(ii)  A municipality or municipal authority acting under the

provisions of this paragraph shall be automatically granted

temporary easements for the length of the private lateral being

rehabilitated, but not to exceed five feet on either side of the

lateral.

(iii)  No municipality or municipal authority shall be deemed

to be the owner of such private lateral sewer lines, or to have

any further responsibility for operation and maintenance, unless

the municipality or municipal authority makes an affirmative

determination to accept such obligations.

Section 2.  This act shall take effect in 60 days.