AN ACT

 

1Amending the act of April 8, 1949 (P.L.418, No.58), entitled,
2"An act to provide for and regulate the accumulation,
3investment, and expenditure of funds by cities, boroughs,
4incorporated towns and townships for preparing plans for
5sewage disposal systems, and for the construction,
6improvement or replacement of sewage disposal systems for
7which plans have been approved by the Sanitary Water Board of
8the Commonwealth," further providing for definitions, for
9creation of a Sewage Disposal System Fund and for expenditure
10of fund<-.; providing for expenditure of public funds for 
11private lateral sewer lines; and further providing for grants 
12of moneys.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 1 of the act of April 8, 1949 (P.L.418, 
16No.58), entitled, "An act to provide for and regulate the
17accumulation, investment, and expenditure of funds by cities,
18boroughs, incorporated towns and townships for preparing plans
19for sewage disposal systems, and for the construction,
20improvement or replacement of sewage disposal systems for which
21plans have been approved by the Sanitary Water Board of the
22Commonwealth," is amended to read:

1Section 1. Definitions.--[As used in this act, the word or
2phrase] The following words and phrases when used in this act 
3shall have the meanings given to them in this section unless the 
4context clearly indicates otherwise:

5"Department" means the Department of Environmental Protection 
6of the Commonwealth.

7"Municipality" means any city, borough, incorporated town, or 
8township.

9"[Municipality] Municipal Authority" means a body politic and
10corporate created pursuant to the provisions of the former
11Municipality Authorities Act of 1945 [or], the former
12Municipality Authorities Act of 1935[.] or 53 Pa.C.S. Ch. 56 
13(relating to municipal authorities).

14"Private Lateral Sewer Line" means a private sewer line 
15serving a structure or dwelling<-, running and carrying sewage 
16wastes from the structure or dwelling to a <-public sewer line 
<-17sewage disposal system.

18"Sewage Disposal System" means a <-public system for the 
19disposal of sewage, including all mainlines, pipes<-, pump 
20stations and related facilities transporting or carrying the 
21sewage and all sewage treatment works.

22"Special Fund" means a sewage disposal system fund created, 
23invested and expended in accordance with this act.

24"Sanitary Water Board" means the Sanitary Water Board of the 
25Commonwealth.

26Section 2. Sections 2 and 4 of the act are amended to read:

27Section 2. Creation of a Sewage Disposal System Fund.--Any
28municipality shall have power to create a special fund and to
29accumulate therein moneys for expenditure in accordance with the
30provisions of this act. [Such<-] The special fund may consist of,

1(1) moneys transferred during any fiscal year from
2appropriations made for any particular purpose, which may not be
3needed, (2) surplus moneys in the general fund of the treasury
4of the municipality at the end of any fiscal year, and (3)
5moneys appropriated to the fund in the annual budget. All moneys
6appropriated or transferred to this special fund shall be used
7only for the planning, construction, improvement or replacement
8of a sewage disposal system: Provided, That no moneys shall be
9used for any construction, improvement or replacement unless the
10plans therefor have been approved by the [Sanitary Water Board] 
11department.

12Section 4. Expenditure of Fund.<---

13(1) The moneys in any such special fund may be expended by

14Section 4. Expenditure of Fund.--The moneys in any s<-uch 
15special fund may be expended by the municipality singly, or
16jointly with the Federal Government, the Commonwealth or any
17department or agency thereof, or with one or more other
18municipalities or [municipality] municipal authorities, only for
19preparing plans for a sewage disposal system and for the
20construction, improvement or replacement of a sewage disposal
21system for which plans have been approved by the [Sanitary Water
22Board.] department.

23(2) Municipalities a<-nd municipal authorities are authorized
24to

25Section 3. The a<-ct is amended by adding a section to read:

26Section 4.1. Expenditure of Public Funds for Private Lateral
27Sewer Lines.--(a) A municipality or municipal to authority may
28use public funds for the improvement, extension, repair or
29rehabilitation of private lateral sewer lines connected to
<-30public sewer sewage disposal systems, where the municipality or

1municipal authority determines that those activities will
2benefit the public sewer sewage disposal system<-. A municipality
3or municipal authority that has completed those activities shall
4not be deemed to be the owner of the private lateral sewer
5lines, or to have any further responsibility to conduct those
6activities, unless a municipality or municipal authority makes
7an affirmative determination to accept such obligations. <-or the
8public health, or will prevent damages to public property.

9(b) Before using public funds under subsection (a), the
10municipality or municipal authority shall consider the available
11public funds, equipment, personnel and facilities and the
12competing demands of the municipality for the the public funds,
13equipment, personnel and facilities.

14(c) No municipality or municipal authority that has
15completed the improvement, extension, repair or rehabilitation
16of private sewer lines under subsection (a) shall be deemed to
17be the owner of the private lateral sewer lines, or to have any
18further responsibility to conduct those activities, unless the
19municipality or municipal authority makes an affirmative
20determination to accept such obligations.

21Section 4. Section 5 of the act is amended to read:

22Section 5. Grants of Moneys.--Any municipality may
23appropriate or transfer moneys to a [municipality] municipal
24authority to be used by it for planning, constructing, improving
25or replacing a sewage disposal system to serve such
26municipality.

27Section <-3 5. This act shall take effect in 60 days.