THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GILLESPIE, CLYMER, GEIST, GINGRICH, LONGIETTI, MILLARD, MILLER, MOUL, PAYNE, PICKETT, READSHAW AND STEVENSON, FEBRUARY 14, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 14, 2011  

AN ACT

Amending the act of January 24, 1966 (1965 P.L.1535, No.537),

entitled, as amended, "An act providing for the planning and

regulation of community sewage systems and individual sewage

systems; requiring municipalities to submit plans for systems

in their jurisdiction; authorizing grants; requiring permits

for persons installing such systems; requiring disclosure

statements in certain land sale contracts; authorizing the

Department of Environmental Resources to adopt and administer

rules, regulations, standards and procedures; creating an

advisory committee; providing remedies and prescribing

penalties," further providing for penalties and for fines,

civil penalties and fees; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "delegated agency,"

"department," "official plan" and "secretary" in section 2 of

the act of January 24, 1966 (1965 P.L.1535, No.537), known as

the Pennsylvania Sewage Facilities Act, amended December 14,

1994 (P.L.1250, No.149), are amended to read:

Section 2.  Definitions.--As used in this act:

* * *

"Delegated agency" means a municipality, local agency,

multimunicipal local agency or county or joint county department

of health to which the Department of Environmental [Resources]

Protection has delegated the authority to review and approve

subdivisions for new land developments as supplements to the

official plan of a municipality in which the subdivision is

located.

"Department" means the Department of Environmental

[Resources] Protection of the Commonwealth [of Pennsylvania].

* * *

"Official plan" means a comprehensive plan for the provision

of adequate sewage systems adopted by a municipality or

municipalities possessing authority or jurisdiction over the

provision of such systems and submitted to and approved by the

State Department of Environmental [Resources] Protection as

provided herein.

* * *

"Secretary" means the Secretary of Environmental [Resources]

Protection of the Commonwealth [of Pennsylvania].

* * *

Section 2.  Section 13 of the act, amended December 14, 1994

(P.L.1250, No.149), is amended to read:

Section 13.  Penalties.--[Any] (a)  Except as otherwise

provided under subsection (b), any person who shall violate any

provision of this act or the rules, regulations or standards

promulgated pursuant to this act or who is the owner of a

property on which a condition exists which constitutes a

nuisance under this act or who resists or interferes with any

officer, agent or employe of a local agency or the department,

in accordance with the provisions of this act, in the

performance of his duties, shall be guilty of a summary offense.

Upon conviction thereof, such person shall be sentenced to pay a

fine of not less than five hundred dollars ($500) nor more than

five thousand dollars ($5,000), plus costs, or to imprisonment

not to exceed ninety days, or both.

(b)  (1)  This section shall apply to a sewage enforcement

officer only when that officer is the owner of the property on

which a condition exists which constitutes a nuisance under this

act.

(2)  Any action taken by the department against a sewage

enforcement officer under this act must be initiated with the

State Board for Certification of Sewage Enforcement Officers and

the department shall have the burden of proving the violation.

Section 3.  Section 13.1 of the act is amended by adding a

subsection to read:

Section 13.1.  Fines, Civil Penalties and Fees.--* * *

(a.1)  (1)  Subsection (a) shall apply to a sewage

enforcement officer only when that officer is the owner of the

property on which a condition exists which constitutes a

nuisance under this act.

(2)  Any action taken by the department against a sewage

enforcement officer under this act must be initiated with the

State Board for Certification of Sewage Enforcement Officers and

the department shall have the burden of proving the violation.

* * *

Section 4.  This act shall take effect in 60 days.