THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ERICKSON, RAFFERTY, ORIE AND GREENLEAF, FEBRUARY 7, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 7, 2011  

AN ACT

Updating and expanding the storm water planning requirements to

be undertaken by counties; authorizing counties to regulate

storm water within a watershed-based planning area;

authorizing the formation of water resources management

authorities; enabling counties, municipalities and water

resources management authorities to develop integrated water

resources management plans; imposing duties and conferring

powers on the Department of Environmental Protection, the

Environmental Quality Board, counties, municipalities and

water resources management authorities; providing for

financing and for waiver of use for certain grant or loan

funds; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

TABLE OF CONTENTS

Chapter 1.  General Provisions

Section 101.  Short title.

Section 102.  Legislative findings.

Section 103.  Purpose.

Section 104.  Definitions.

Chapter 3.  Powers and Duties

Section 301.  Powers and duties of counties.

Section 302.  Powers and duties of department and Environmental

Quality Board.

Section 303.  Powers and duties of municipalities.

Section 304.  Powers and duties of water resources management

authorities.

Chapter 5.  Comprehensive Storm Water Management Planning

Section 501.  Comprehensive storm water planning and management

requirements.

Section 502.  Review and approval or disapproval by department.

Section 503.  Implementation of comprehensive storm water

management plans.

Section 504.  Failure to submit or implement comprehensive storm

water management plan.

Section 505.  Failure of municipalities to adopt ordinances and

implement plans.

Chapter 7.  Integrated Water Resources Management Planning and

Procedure

Section 701.  Water resources management coordination and

integration.

Section 702.  Integrated water resources management planning

process.

Section 703.  Integrated water resources management plan

requirements.

Section 704.  Implementation of integrated water resources

management plans.

Section 705.  Water resources management corridors.

Section 706.  Failure of municipalities to adopt implementing

ordinances.

Chapter 9.  Water Resources Management Authorities

Section 901.  Water resources management authorities.

Section 902.  Additional powers and duties of water resources

management authorities.

Chapter 11.  Rights, Remedies, Funding and Enforcement

Section 1101.  Duty of persons engaged in development of land.

Section 1102.  Funding and imposing fees on tax-exempt property.

Section 1103.  Entry upon land for surveys and examinations.

Section 1104.  Preservation of existing rights and remedies.

Section 1105.  Civil remedies.

Section 1106.  Administrative procedure and judicial review.

Section 1107.  Integrated Water Resources Management Account.

Section 1108.  Grants and reimbursements.

Section 1109.  Waiver of use of grant and loan funds.

Chapter 13.  Miscellaneous Provisions

Section 1301.  Repeals.

Section 1302.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

GENERAL PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Integrated

Water Resources Restoration, Protection and Management Act.

Section 102.  Legislative findings.

The General Assembly finds that:

(1)  Inadequate management of storm water runoff and the

insufficient planning, coordination and integration of

regulatory programs associated with water resources

management activities cause increased flood flows and

velocities, contribute to accelerated erosion and

sedimentation, overtax the carrying capacity of streams and

storm sewers, greatly increase the cost of public facilities

to carry and control storm water and wastewater, undermine

flood plain management and flood control efforts in

downstream communities, reduce groundwater recharge, diminish

the quality and quantity of water supplies and threaten the

environment, public health, safety and property.

(2)  The act of October 4, 1978 (P.L.864, No.167), known

as the Storm Water Management Act, is not sufficiently

comprehensive to address the needs of this Commonwealth.

While the act provides a basis for storm water management

planning by counties on a watershed basis, additional

provisions are needed in addition to the Storm Water

Management Act requirements to provide integrated and

thorough planning and management of water resources in

watershed-based planning areas and to address current and

past water resources management problems, as well as

prospective and ongoing development.

(3)  A comprehensive, integrated approach to water

resources management, building on the protections established

under the act of June 22, 1937 (P.L.1987, No.394), known as

The Clean Streams Law, including reasonable regulation of

development and activities causing adverse impacts to waters

of this Commonwealth, is fundamental to public health, safety

and welfare and protection of the citizens of this

Commonwealth, their resources and the environment.

(4)  Adequate management of this Commonwealth's water

resources requires additional legal mechanisms for

coordination and integration of water resources management

planning among State agencies and county and municipal

governments.

(5)  Dedicated funding is needed to develop and implement

integrated water resources management plans to protect,

maintain, reclaim and restore this Commonwealth's water

resources and the environment and to protect public health,

safety and property.

Section 103.  Purpose.

The purpose of this act is to:

(1)  Provide for more comprehensive storm water planning

and management, building on the framework found in the act of

October 4, 1978 (P.L.864, No.167), known as the Storm Water

Management Act, and implementing the act of June 22, 1937

(P.L.1987, No.394), known as The Clean Streams Law, to

authorize planning for and remediation of storm water-

associated problems and to integrate related water resources

management programs.

(2)  Restore, reclaim, protect and maintain the water

quality, quantity and natural hydrologic regime; regulate

and, where appropriate, restrict development in the floodways

and floodplains of this Commonwealth's rivers and streams;

preserve the carrying capacity of watercourses; and protect,

maintain, reclaim and restore surface waters and groundwaters

of this Commonwealth.

(3)  Protect the natural resources, environmental rights

and values secured by the Constitution of Pennsylvania.

(4)  Authorize counties to undertake and enforce

comprehensive, ecologically sustainable and consistent water

resources management planning; consolidate and coordinate

governmental resources; and establish a dedicated, stable and

tailored funding source. If a county does not elect to

undertake such integrated water resources planning or

management, municipalities or water resources management

authorities are authorized to undertake these activities.

(5)  Encourage the regional implementation of integrated

water resources management plans within watershed-based

planning areas to preserve and protect areas from the adverse

effects of fragmented planning related to water resources

protection, water infrastructure, wet weather and wastewater

management, storm water runoff and subsurface drainage.

(6)  Authorize the creation of water resources management

authorities to enable counties and municipalities to

regulate, manage, operate and maintain activities, facilities

and development that may affect storm water runoff or water

resources within watershed-based planning areas; regulate,

implement and manage comprehensive storm water management

plans or integrated water resources management plans within

watershed-based planning areas; and undertake the planning

related thereto under this act when appropriate.

(7)  Encourage water resources management authorities to

utilize a comprehensive integrated water resources approach

for water resources protection, maintenance and improvement,

including quantity and quality, and other environmental

benefits.

(8)  Authorize dedicated funding to develop and implement

updated, expanded and comprehensive storm water planning and

management, as well as to develop and implement integrated

water resources management plans to protect, maintain,

reclaim and restore this Commonwealth's water resources and

to protect public health, safety, property and the

environment.

Section 104.  Definitions.

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:

"Best management practices."  Activities, facilities,

measures or procedures used to protect, maintain, reclaim and

restore the quantity and quality of waters and uses within this

Commonwealth.

"Bonds."  The notes, bonds and other evidence of indebtedness

or obligations which are authorized to be issued under section

502.

"Clean Streams Law."  The act of June 22, 1937 (P.L.1987,

No.394), known as The Clean Streams Law.

"Comprehensive storm water management plan."  A storm water

management plan developed in accordance with act of October 4,

1978 (P.L.864, No.167), known as the Storm Water Management Act,

and the requirements of Chapter 5.

"Critical water planning area."  An area identified under 27

Pa.C.S. § 3112(a)(6) or (d)(1) (relating to plan contents).

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Infrastructure."  Structural elements, structural and

nonstructural management practices and operating procedures that

support drinking water, wastewater, storm water, floodplain and

other water resources management activities.

"Integrated water resources management."  Implementation of

multiple statutory and regulatory planning obligations related

to the water resources of this Commonwealth.

"Integrated water resources management plan."  A plan

containing all of the elements prescribed under the act of

October 4, 1978 (P.L.864, No.167), known as the Storm Water

Management Act, and the additional requirements of Chapters 3

and 4 which include proposals for regulating activities and

development that may affect water resources and wastewater

management within the planning area.

"Land development."  The subdivision of land, or the

improvement of one or more lots, tracts or parcels of land for

any purpose.

"Municipalities Planning Code."  The act of July 31, 1968

(P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code.

"Municipality."  A city, borough, town, township or another

governmental unit when acting as an agent thereof or any

combination of these acting jointly.

"Recharge."  The process by which water is absorbed and is

added to the zone of saturation of a groundwater aquifer. The

term includes the quantity of water that is added to the zone of

saturation.

"Remedial plan."  A plan containing all of the elements

prescribed under section 501, which includes requirements for

assessment and remediation of storm water-related problems.

"Storm water."  Drainage runoff from the surface of the land

resulting from precipitation or snow or ice melt.

"Storm water best management practice" or "Storm water BMP."

Activities, facilities, measures or procedures used to protect,

maintain, reclaim and restore the quantity and quality of waters

and uses within this Commonwealth as approved by the department.

The term includes plans under the act of October 4, 1978

(P.L.864, No.167), known as the Storm Water Management Act, or

other plans, treatment requirements, operating procedures and

practices to manage and control the rate, volume and water

quality of storm water runoff.

"Storm Water Management Act."  The act of October 4, 1978

(P.L.864, No.167), known as the Storm Water Management Act.

"Storm water management plan."  A plan for storm water

management prepared and adopted by a county in accordance with

act of October 4, 1978 (P.L.864, No.167), known as the Storm

Water Management Act.

"Submitting agency."  A county, counties, multiple

municipalities or a water resources management authority which

elects to develop and submit an integrated water resources

management plan, in accordance with the requirements of section

401(a), to the Department of Environmental Protection for

approval under this act.

"Subsurface drainage."  Drainage runoff which occurs below

the surface of the ground resulting from precipitation or snow

or ice melt.

"Water resources management authority."  A body politic and

corporate created under the former act of May 2, 1945 (P.L.382,

No.164), known as the Municipality Authorities Act of 1945, 53

Pa.C.S. Ch. 56 (relating to municipal authorities) or section

501 for the purpose of planning, constructing, operating,

maintaining, managing and regulating storm water or integrated

water resources management structures, practices and activities.

"Water resources management planning."  Planning based on

watershed areas to protect, maintain, reclaim and restore the

quality and quantity of surface water and groundwater and the

physical, chemical and biological characteristics of bodies of

water from the effects of past and future activities and

development while assuring sustainable supplies of clean water

to meet current and future needs and minimizing the impact of

storm water on public health, safety, property and the

environment.

"Watershed."  The entire region or area drained by a river or

other body of water, whether natural or artificial.

"Watershed-based planning area."  A planning area approved by

the Department of Environmental Protection and based on

watershed boundaries, as well as political boundaries or

geographic considerations, that is the focus of a comprehensive

storm water management plan or integrated water resources plan.

CHAPTER 3

POWERS AND DUTIES

Section 301.  Powers and duties of counties.

(a)  Comprehensive storm water management plan.--A county

shall ensure implementation of a comprehensive storm water

management plan in accordance with section 501. In addition to

any existing powers, and consistent with the requirements of

section 701(a), the county may elect to develop or implement an

integrated water resources management plan in accordance with

Chapter 7.

(b)  Review and comment.--A county shall review and comment

on the location, design and construction within the watershed-

based planning area of facilities owned or financed, in whole or

in part, by funds from this Commonwealth, including storm water

facilities, water obstructions, flood control projects, highways

and transportation facilities and facilities for the provision

of public utility service, to assure their consistency with the

plans developed pursuant to this act. The county shall review

and take action on such submissions concurrent with the review

period as provided in Article IV of the Municipalities Planning

Code.

(c)  Inspection.--In accordance with plans developed under

this act, a county shall also ensure inspection of water

resources-related facilities, provide for routine operation and

maintenance of water resources management facilities and

construct water resources management facilities.

(d)  Public comment.--A county shall provide for public

comment on all proposed publicly financed water resources

capital projects undertaken pursuant to the remedial plan

requirements in Chapter 5.

(e)  Compliance.--Nothing that a county does under this act

shall relieve any person engaged in activities or in the

alteration or development of land of the responsibility to

comply with the requirements of storm water ordinances of

municipalities, an approved integrated water resources

management plan and the requirements of the Storm Water

Management Act, as well as all of the legal requirements of the

other programs for which planning will be integrated in an

integrated water resources management plan.

Section 302.  Powers and duties of department and Environmental

Quality Board.

(a)  Department.--The department shall have the power and

duty to:

(1)  Coordinate the management of water resources in this

Commonwealth, including the authority to develop guidelines,

processes and certification programs for consulting and

engineering services.

(2)  Develop processes and procedures for resolving

disputes associated with comprehensive storm water integrated

water resources management planning among county and

municipal planning bodies and government agencies concerning

plan development or implementation.

(3)  Develop guidelines and policies to implement the

purposes of this act, including specific comprehensive storm

water management plan or integrated water resources

management plan scope and content requirements, model

integrated water resources management plans and model

ordinances. The department may prepare and issue such

guidelines as may be appropriate to assist in the

implementation of this act.

(4)  Charge reasonable fees associated with the review of

integrated water resources management plans. Such fees shall

reasonably reflect the cost of review.

(5)  Approve, disapprove or conditionally approve

comprehensive storm water management plans and integrated

water resources management plans.

(6)  Undertake enforcement as necessary and appropriate

and in accordance with this act.

(7)  Take any other action required to carry out the

purposes and policies of this act.

(8)  Upon request of a county or municipality, provide

technical assistance appropriate to accomplish the purposes

of this act.

(b)  Other laws.--Nothing in this act shall be construed to

abrogate the authority of the department under any of the

environmental laws administered by the department.

(c)  Board.--The Environmental Quality Board shall adopt

rules and regulations of the department as are necessary and

appropriate to carry out the purposes of this act.

Section 303.  Powers and duties of municipalities.

(a)  Implementation of plans.--A municipality or multiple

municipalities shall have the power and duty to implement

comprehensive storm water management plans and any applicable

integrated water resources management plan.

(b)  Plan.--Consistent with the requirements of section

701(a), multiple municipalities may elect to develop an

integrated water resources management plan in accordance with

Chapter 7.

(c)  Land development and activities.--Municipalities shall

regulate land development and activities consistent with the

most recent applicable approved comprehensive storm water

management plan or integrated water resources management plan

and shall adopt ordinances to implement these plans.

(d)  Construction.--Nothing in this act shall be construed to

prohibit a municipality or county from enforcing any zoning,

subdivision or land development ordinance which the municipality

or county has adopted that is not in conflict with plans

developed under this act.

Section 304.  Powers and duties of water resources management

authorities.

(a)  Plan.--Water resources management authorities shall have

the power and duty to implement and administer comprehensive

storm water management plans when so designated and to implement

and administer integrated water resources management plans when

so designated.

(b)  Integrated plan.--Consistent with the requirements of

section 701(a), water resources management authorities may elect

to develop an integrated water resources management plan in

accordance with Chapter 7.

(c)  Powers and duties.--Water resources management

authorities shall have the power and duty to set rates and

assess and collect fees to carry out the purposes of this act.

(d)  Annual report.--Water resources management authorities

shall provide an annual report of actions and activities to the

department.

CHAPTER 5

COMPREHENSIVE STORM WATER MANAGEMENT PLANNING

Section 501.  Comprehensive storm water planning and management

requirements.

(a)  Watershed boundaries.--Comprehensive storm water

management plans shall be based on the watershed boundaries

described in plans developed in accordance with the Storm Water

Management Act, unless an alternate watershed-based planning

area is approved by the department for good cause shown.

(b)  Plans and updates.--Within five years of the effective

date of this section, counties shall prepare or update the plans

developed in accordance with the Storm Water Management Act and,

at a minimum, shall also prepare a remedial plan, which together

shall constitute the comprehensive storm water management plan.

At a minimum, the remedial plan shall include the following:

(1)  Identification and assessment of existing problems

associated with storm water runoff and subsurface drainage

and the conditions that cause or contribute to the problems.

(2)  Proposed solutions to or remediation of existing

problems which take into account peak rates of storm water

runoff, the volume and velocity of storm water runoff and the

quality of the storm water runoff necessary to prevent

pollution and to protect, maintain, reclaim and restore

waters of this Commonwealth, including:

(i)  A remediation and retrofit priorities list.

(ii)  A prioritized schedule for implementation and

completion of the remedial plan.

(iii)  A design of a rate structure for fees and

assessments to implement the remedial plan.

(iv)  A designation of the entity responsible for

implementation of the plan and operation and maintenance

of remedial infrastructure: the county, municipalities or

a water resources management authority.

(3)  Inventory of significant existing storm water

management facilities in the watershed, their engineering

design features, their ownership and maintenance

responsibility and an assessment of their functional

effectiveness.

(4)  A program for public information, participation and

education.

(5)  Provision for comprehensive storm water management

plan review and update at a minimum of every five years.

(6)  Demonstration of or steps to achieve general

consistency with:

(i)  The applicable comprehensive plans of the

municipality and county enacted under the Municipalities

Planning Code.

(ii)  Other existing applicable Federal, State,

interstate, regional and county environmental and land

use plans.

(iii)  Existing applicable watershed storm water

management plans, including minimum standards required by

the Storm Water Management Act.

(c)  Exception.--Except as provided under this act, the

requirements and procedures in sections 6, 7, 8, 9, 10, 11 and

12 of the Storm Water Management Act shall be followed in

developing the comprehensive storm water management plan under

this section. These provisions apply to development and

implementation of the applicable plan and implementing ordinance

and regulation revisions required by this section.

(d)  Design criteria and standards.--The comprehensive storm

water management plan shall identify the design criteria or

performance standard for any storm water management practice

implemented under this section, and the county or the department

shall have no responsibility to reimburse the cost of any

practice not meeting the design criteria or performance

standard.

Section 502.  Review and approval or disapproval by department.

(a)  General rule.--The department may approve or disapprove

comprehensive storm water management plans in whole or in part

or with conditions that the department determines are reasonable

and appropriate.

(b)  Effect of inaction by department.--Unless the department

approves, conditionally approves or disapproves the

comprehensive storm water management plan within 120 days of

receipt, the plan shall be deemed acceptable as submitted.

Section 503.  Implementation of comprehensive storm water

management plans.

(a)  Ordinances.--Within 12 months following adoption and

approval of a comprehensive storm water management plan, each

municipality shall adopt or amend such ordinances and

regulations, including zoning, subdivision and development,

building code and erosion and sedimentation ordinances,

necessary to regulate development and activities and to control

storm water within the municipality in a manner consistent with

the applicable comprehensive storm water management plan,

including the remedial plan to address existing problems, and

the provisions of the Storm Water Management Act and this act.

(b)  Remedial plan.--Following adoption and approval of

comprehensive storm water management plans, the responsible

entity shall implement the remedial plan.

(c)  Infrastructure implementation.--Unless otherwise

specified in a department-approved and department-adopted

comprehensive storm water management plan, infrastructure

improvements under the comprehensive storm water management plan

may be implemented through any of the following:

(1)  Each municipality will carry out the plan within its

boundaries, either individually or by agreement with another

municipality, county or a joint agency.

(2)  One or more municipalities in the watershed may

request that the county or counties in the watershed assume

responsibility for implementation of the plan. The county or

counties may assume responsibility for implementation of the

plan and operational authority for the storm water facilities

as provided for in the plan, but only for municipalities that

agree to allow the county or counties to assume

implementation responsibilities.

(3)  If two-thirds of the municipalities, representing at

least 51% of the population within the watershed, through

adoption of resolutions of their governing bodies, request

that the county or counties in the watershed assume

responsibility for implementation of the plan, then the

county or counties shall meet with the municipalities to

develop a plan of implementation agreeable to the county or

counties.

(d)  Responsible entity.--Where the responsible entity fails

to timely implement the remedial plan associated with approved

and adopted comprehensive storm water management plans, the

county may implement the remedial plan.

(e)  Development of model ordinances.--Within three years of

the effective date of this section, the department shall develop

a set of model ordinances, including a specific model

comprehensive storm water management ordinance, that can be used

as a guide by municipalities to adopt regulations designed to

implement the applicable comprehensive storm water management

plan.

(f)  Waiver provisions.--The implementing ordinances and

regulations shall not contain a waiver provision except for

those waivers included in the model ordinance in the adopted and

approved comprehensive storm water management plan.

(g)  Decisions.--The department, other Commonwealth

departments and agencies and county and municipal governments

and agencies shall consider and shall make decisions with

respect to issuance of permits, approvals or grants that are

generally consistent with comprehensive storm water management

plans prepared, adopted and approved under this act.

(h)  Review and issuance procedures.--The department shall

develop procedures to coordinate the review and issuance of all

department permits, approvals or grants that cover construction,

operation and maintenance of all current and future facilities

that are necessary to implement the comprehensive storm water

management plans, including the designation of a single point of

contact for all department permits or approvals for the

facilities.

(i)  Construction.--Nothing in this act shall be construed to

relieve a county or municipality from compliance with existing

obligations under the Storm Water Management Act.

Section 504.  Failure to submit or implement comprehensive storm

water management plan.

(a)  Actions.-- A municipality or the department may

institute an action in mandamus to compel a county to prepare,

adopt, submit or implement a comprehensive storm water

management plan in accordance with the Storm Water Management

Act and this act.

(b)  Administrative remedies.--The department may utilize

administrative remedies, including administrative orders, or may

institute an action in mandamus to compel a county to prepare,

adopt, submit or implement a comprehensive storm water

management plan in accordance with the Storm Water Management

Act and this act.

(c)  Reimbursement.--When action by the municipality or

department is required to compel a county to prepare, adopt,

submit or implement a plan, the department shall not provide

grants or reimbursements to the county for the cost of the plan.

(d)  Costs and fees.--The costs, attorney fees,

administrative fees and other expenses associated with

proceedings under this section shall be recoverable from the

violator.

Section 505.  Failure of municipalities to adopt ordinances and

implement plans.

(a)  Procedure following approval.--Following adoption and

approval of a comprehensive storm water management plan:

(1)  Any person may institute an action in mandamus to

compel a municipality to adopt implementing ordinances and to

implement a comprehensive storm water management plan and

ordinances in accordance with the Storm Water Management Act

and this act.

(2)  The county or the department may utilize

administrative remedies, including administrative orders, or

may institute an action in mandamus to compel a municipality

to adopt ordinances or to implement a comprehensive storm

water management plan in accordance with the Storm Water

Management Act and this act.

(3)  When action by the county, the department or any

person is required to compel a municipality to adopt

ordinances or to implement a comprehensive storm water

management plan, the department shall not provide grants or

reimbursements to the municipality for the associated costs.

(b)  Costs and fees.--The costs, attorney fees,

administrative fees and other expenses associated with

proceedings under this section shall be recoverable from the

violator.

CHAPTER 7

INTEGRATED WATER RESOURCES MANAGEMENT

PLANNING AND PROCEDURE

Section 701.  Water resources management coordination and

integration.

(a)  Submitting agency.--A county or multiple counties may

elect to develop integrated water resources management plans. If

a county or counties have not provided notice to the department

of the intention to develop an integrated water resources

management plan, then multiple municipalities or water resources

management authorities located in such counties may elect to

develop integrated water resources management plans in

accordance with this act, beginning one year from the effective

date of this act.

(b)  Plans.--Integrated water resources management plans may

be developed for individual or multiple watersheds, or upon

department-approved watershed-based planning areas, designated

in accordance with, but not limited to, the following

considerations:

(1)  Existence of critical water planning areas.

(2)  Waters listed pursuant to 33 U.S.C. § 1313(d)

(relating to water quality standards and implementation

plans).

(3)  Flooding history.

(4)  Special protection watersheds.

(5)  Current or projected population density.

(6)  Current or projected rate of development.

(7)  Percent of impervious cover.

(c)  Minimum requirements.--Integrated water resources

management plans shall, at a minimum, be consistent with this

act and the following statutes:

(1)  The Federal Water Pollution Control Act (62 Stat.

1155, 33 U.S.C. § 1251 et seq.).

(2)  The Safe Drinking Water Act (Public Law 93-523, 21

U.S.C. § 349 and 42 U.S.C. §§ 201 and 300f et seq.).

(3)  The Clean Streams Law.

(4)  The act of May 1, 1984 (P.L.206, No.43), known as

the Pennsylvania Safe Drinking Water Act.

(5)  The Storm Water Management Act.

(6)  The act of October 4, 1978 (P.L.851, No.166), known

as the Flood Plain Management Act.

(7)  The act of January 24, 1966 (1965 P.L.1535, No.537),

known as the Pennsylvania Sewage Facilities Act.

(8)  The act of November 26, 1978 (P.L.1375, No.325),

known as the Dam Safety and Encroachments Act.

(9)  The Water Resources Development Act of 1986 (Public

Law 99-662, 33 U.S.C. § 2213(j)).

(10)  The act of June 24, 1939 (P.L.842, No.365),

referred to as the Water Rights Law.

(11)  The act of May 15, 1945 (P.L.547, No.217), known as

the Conservation District Law.

(12)  The Municipalities Planning Code.

(13)  The Municipality Authorities Act.

(14)  The provisions of 3 Pa.C.S. Ch. 5 (relating to

nutrient management and odor management).

(15)  Any other applicable Federal or State law as

determined by the department.

(d)  Entities.--Entities which elect to undertake integrated

water resources management planning shall do so in accordance

with this act.

(e)  Compliance.--If an entity elects to undertake integrated

water resources management planning and the plan is approved by

the department in accordance with this act, the entity is deemed

to have satisfied the procedural and substantive planning

requirements of the acts listed in subsection (c) that impose

planning requirements.

Section 702.  Integrated water resources management planning

process.

(a)  Boundaries.--Integrated water resource management plans

shall be based upon the boundaries described in plans developed

in accordance with section 701(b), unless an alternate

watershed-based planning area is approved by the department for

good cause shown.

(b)  Development.--Public participation in the development of

the integrated water resources management plan shall be provided

as follows:

(1)  An integrated water resources management plan

advisory committee, composed of one representative appointed

by the governing body of each municipality in the watershed-

based planning area, the county and any county conservation

district in the planning area watershed, any compact basin

commission in the planning area watershed and other agencies

and groups, as are necessary and proper, shall be established

to advise the submitting agency throughout the process.

(2)  Prior to adoption, the plan shall be reviewed by the

official planning agency, if one exists, and governing body

of each municipality and county and by each regional planning

agency in the watershed for general consistency with other

plans and programs affecting the watershed-based planning

area. All such reviews and the submitting agency's responses

shall be submitted to the department with the plan at the

time a review of the plan is requested from the department.

(3)  Prior to adoption or amendment of the plan,

reasonable public notice shall be given at least 14 days

prior to the hearing, and a public hearing shall be held

within the watershed-based planning area.

(c)  Adoption.--Adoption or amendment by the submitting

agency of the integrated water resources management plan shall

be by resolution of the governing body or bodies of the agency

or agencies identified in subsection (b), which have authorized

development of the plan.

(d)  Approval by department.--The following shall apply:

(1)  Prior to adoption or substantive amendment, the

submitting agency shall submit the integrated water resources

management plan to the department for review. The department

shall approve or conditionally approve the plan if it

determines that it is generally consistent with the

following:

(i)  Section 701(c).

(ii)  All current approved watershed restoration and

protection plans that have been developed in the planning

area.

(iii)  All current approved total maximum daily loads

(TMDLs) for waters of the planning area.

(iv)  All current source water protection plans that

have been adopted in the planning area.

(v)  All current river conservation plans in the

watershed-based planning area that have been approved by

the Department of Conservation and Natural Resources.

(vi)  All current critical area resource plans that

have been approved by the department.

(vii)  All current applicable water resources plans

adopted by a river basin commission.

(2)  Unless the department approves, conditionally

approves or disapproves the integrated water resources

management plan within 120 days of receipt, the plan will be

deemed acceptable as submitted.

(3)  If the department determines that the proposed

integrated water resources management plan will not meet the

requirements of this act, the department will disapprove the

plan in writing, which writing shall identify the basis for

disapproval.

(4)  The integrated water resources management planning

area, either based upon the boundaries described in plans

developed in accordance with the Storm Water Management Act

or an alternate watershed-based planning area approved by the

department, shall be considered a reasonable geographic area

in a multimunicipal comprehensive plan prepared pursuant to

Article XI of the Municipalities Planning Code as long as the

county or multiple municipalities follow the procedures in

Article XI of the Municipalities Planning Code.

(e)  Design criteria and standards.--The integrated water

management plan shall identify the design criteria or

performance standard for any water management practice

implemented under this section, and the county or the department

shall have no responsibility to reimburse the cost of any

practice not meeting the design criteria or performance

standard.

Section 703.  Integrated water resources management plan

requirements.

(a)  Local authorization.--The following shall apply:

(1)  The submitting agency may develop an integrated

water resources management plan as described in this section.

If all counties or municipalities in the watershed do not

agree to develop the plan, the plan shall use standards at

the boundaries of the nonparticipating county or

municipalities that are consistent with the integrated water

resources management plan.

(2)  Federal lands shall be included in the integrated

water resources management plan in consultation with the

United States Department of the Interior.

(3)  State lands shall be included in the integrated

water resources management plan in consultation with the

appropriate State agency.

(4)  The integrated water resources management plan shall

be generally consistent with comprehensive plans of counties

and municipalities enacted under the Municipalities Planning

Code.

(5)  A comprehensive plan of a county or a municipality

enacted under the Municipalities Planning Code, after the

effective date of this section, shall be generally consistent

with the integrated water resources management plan approved

under this act that applies to the county or municipality.

(6)  An integrated water resources management plan

adopted on a multimunicipal basis pursuant to this act shall

constitute the water planning required pursuant to section

301(a)(4) of the Municipalities Planning Code and shall be

considered a plan for the reliable supply of water pursuant

to section 301(b) of the Municipalities Planning Code if it

is a component of a multimunicipal comprehensive plan

prepared pursuant to Article XI of the Municipalities

Planning Code, as long as the county or multiple

municipalities follow the procedures in Article XI of the

Municipalities Planning Code.

(b)  Plan content.--The integrated water resources management

plan, at a minimum, shall:

(1)  Coordinate the planning provisions in and

demonstrate consistency with Federal and State statutes and

programs identified in section 701(a).

(2)  Delineate the approved watershed-based planning area

boundary.

(3)  Inventory all existing and planned water and

wastewater treatment systems and service areas and all

significant water resources management facilities within the

watershed, their ownership and the parties responsible for

their operation and maintenance and provide an assessment of

the functional effectiveness of such systems and facilities.

(4)  Estimate current and future water demands.

(5)  Identify all local conservation areas such as

protected riparian corridors, conservation easements,

wellhead and source water protection areas, preserved

farmland, greenways, publicly owned land and other areas that

have land-use restrictions based on natural conditions.

(6)  Identify all environmentally sensitive features of

the watershed, such as wetlands, habitat for rare and

endangered plant and animal species, special protection

waters and karst geology.

(7)  Identify and consider all current storm water

management and watershed protection and restoration plans

that have been prepared by citizen groups, nonprofit

organizations, conservation districts, county and municipal

governments and Federal, State, interstate or regional

agencies.

(8)  Identify and describe all existing regionally

significant water quality problems and water resources

management problems within the watershed, including those

caused by domestic or industrial wastewater, nonpoint sources

of pollution, water availability and storm water and

floodplain management problems.

(9)  Project future land-use changes over a ten-year

period based on population estimates, anticipated

development, planning and zoning requirements, economic

considerations and public infrastructure.

(10)  Identify and evaluate alternatives for future water

demands, including water supply and wastewater demands.

(11)  Identify, evaluate and prioritize management

practices, procedures and other strategies to protect,

maintain, reclaim or restore water quality and water

resources based on existing conditions and projected growth

and land use changes.

(12)  Identify the entity responsible for operating and

maintaining water quality protection and water resources

management facilities, such as wastewater treatment plants

and community or individual storm water control facilities.

(13)  Identify and evaluate potential water conservation

and reuse measures.

(14)  Identify and evaluate source water protection

alternatives.

(15)  Identify financing alternatives, including rate

structures for fees and assessments to implement the plan.

(16)  Present selected financing methods and priorities.

(17)  Present a prioritized schedule and process for plan

implementation.

(18)  Establish a program for public participation,

information and education.

(19)  Provide for plan reviews and updates on a minimum

five-year cycle.

(20)  Provide model ordinances for plan implementation.

(c)  Additional issues.--The integrated water resources

management plans may also address additional issues, including

the following:

(1)  Preventing increased flood stages in streams.

(2)  Controlling the quantity, peak and volume,

direction, rate and velocity of storm water runoff and

subsurface drainage and the quality thereof consistent with

State water quality standards.

(3)  Improving groundwater recharge.

(4)  Maximizing the opportunities for integration of

water resources management and protection under the existing

laws and regulations.

(5)  Create water resources management corridors pursuant

to section 705.

(6)  Support ecologically sustainable water management,

sustainable water supplies, water conservation, surface and

groundwater management, development of resource strategies,

providing for long-term infrastructure investment strategies,

evaluating environmental impacts and options and evaluating

economic impacts and options.

Section 704.  Implementation of integrated water resources

management plans.

(a)  Requirements.--Within 180 days of the department's

approval of an integrated water resources management plan, each

county and municipality within the area subject to the plan

shall:

(1)  Adopt or amend ordinances and regulations, including

zoning, subdivision and development, building code, erosion

and sedimentation and storm water ordinances, as are

necessary to regulate development and local activities in a

manner consistent with the applicable approved plan and the

provisions of this act.

(2)  Implement ordinances and regulations, including

zoning, subdivision and development, building code, erosion

and sedimentation and storm water ordinances, as are

necessary to regulate development and local activities in a

manner consistent with the applicable approved plan and the

provisions of this act.

(b)  Infrastructure implementation.--Infrastructure

improvements under an integrated water resources management plan

may be implemented through any of the following:

(1)  A municipality will carry out the plan within its

boundaries, either individually or by agreement with another

municipality or county or a joint agency.

(2)  One or more municipalities in the watershed may

request that the county or counties in the watershed assume

responsibility for implementation of the plan. The county or

counties may assume responsibility for implementation of the

plan and operational authority for the water resources

management facilities provided for in the plan, but only for

municipalities that agree to allow the county or counties to

assume implementation responsibilities.

(3)  If two-thirds of the municipalities, representing at

least 51% of the population within the watershed, through

adoption of resolutions of their governing bodies, request

that the county or counties in the watershed assume

responsibility for implementation of the plan, then the

county or counties shall meet with the municipalities to

develop a plan of implementation agreeable to the county or

counties.

(c)  Development of model ordinances.--Within 180 days of the

effective date of this section, the department will develop a

set of model ordinances, including a specific model integrated

water resources management ordinance, that can be used as a

guide by local governments to adopt regulations designed to

implement their integrated water resources management plan.

(d)  Waiver.--The implementing ordinances and regulations

shall not contain a waiver provision except for those waivers

included in the model ordinance in the adopted and approved

integrated water resources management plan.

(e)  Permits, approvals or grants.--The department, other

Commonwealth departments and agencies and county and municipal

governments and agencies shall consider and shall make decisions

with respect to issuance of permits, approvals or grants that

are generally consistent with integrated water resources

management plans adopted under this act.

(f)  Review and issuance procedures.--The department shall

develop procedures to coordinate the review and issuance of all

department permits, approvals or grants that cover construction,

operation and maintenance of all current and future facilities

that are necessary to implement the integrated water resources

management plans, including the designation of a single point of

contact for all department permits or approvals for such

facilities.

(g)  County implementation.--Where the responsible entity

fails to timely implement the approved and adopted integrated

water resources management plan, the county may implement the

approved integrated water resources management plan.

Section 705.  Water resources management corridors.

(a)  Additional limitations.--Integrated water resources

management plans may establish water resources management

corridors to provide additional limitations on activities and

development for protection of waters of this Commonwealth, and

in the interest of public health and safety, those designated as

special protection corridors under the department's rules and

regulations, critical riparian areas, wetlands, critical habitat

areas and floodplain management areas.

(b)  Protection of corridors.--The submitting agency shall

ensure that water resources management corridors are protected

through acquisition, easements, trusts or other appropriate

legal instruments that guarantee forested buffering, building

setbacks and reasonable and appropriate public access.

(c)  Adjacent watersheds.--Development of integrated water

resources management plans established for adjacent watersheds

which contain water resources management corridors shall be

coordinated by submitting agencies to ensure consistency between

water resources management corridors.

Section 706.  Failure of municipalities to adopt implementing

ordinances.

(a)  Procedures.--Following adoption and approval of an

integrated water resources management plan:

(1)  A county or the department may institute an action

in mandamus to compel a municipality to adopt implementing

ordinances and to implement an integrated water resources

management plan and ordinances in accordance with this act.

(2)  The county or department may utilize administrative

remedies, including administrative orders, or may institute

an action in mandamus to compel a municipality to adopt

ordinances or to implement an integrated water resources

management plan in accordance with this act.

(3)  When action by the county or department or any

person is required to compel a municipality to adopt

ordinances or to implement an integrated water resources

management plan, the department shall not provide grants or

reimbursements to the municipality for the associated costs.

(b)  Costs and fees.--The costs, attorney fees and

administrative fees and other expenses associated with

proceedings under this section shall be recoverable from the

violator.

CHAPTER 9

WATER RESOURCES MANAGEMENT AUTHORITIES

Section 901.  Water resources management authorities.

(a)  Authorities.--A county or multiple counties may elect to

create a water resources management authority to undertake

powers and duties as may be delegated by the incorporating

municipality pursuant to this act. If a county or counties have

not provided notice to the department of the intention to create

a water resources management authority, multiple municipalities

located in a county or counties may create a water resources

management authority in accordance with this act, beginning one

year from the effective date of this section.

(b)  Creation of water resources management authorities.--A

county or multiple counties or multiple municipalities which

have assumed or plan to assume responsibility for the

development, implementation and administration of comprehensive

storm water management plans or an integrated water resources

management plan shall have the right to incorporate as a water

resources management authority pursuant to 53 Pa.C.S. Ch. 56 

(relating to municipal authorities) for the purposes set forth

under 53 Pa.C.S. § 5607 (relating to purposes and powers)

relating to projects of the kind and character set forth below:

(1)  Comprehensive storm water planning, collection,

treatment, remedial plan implementation and infrastructure

management and parts thereof, including regulation, operation

and maintenance, repair, replacement, reconstruction and

expansion pursuant to the Storm Water Management Act and this

act.

(2)  Integrated water resources management in accordance

with plans adopted and approved under this act.

(c)  Transfer of authority and obligation to operate and

maintain water resources management best management practices to

water authorities.--Transfer of authority shall be conducted as

follows:

(1)  The authority and obligation to operate and maintain

water resources management best management practices,

including comprehensive storm water management or integrated

water resources management best management practices on

private lands, may be transferred to the county or water

resources management authority at their discretion. Whether

transferred or not, the operation and maintenance shall be

consistent with the design standards, criteria, schedules and

other requirements established under the comprehensive storm

water management or integrated water resources management

plans.

(2)  All transferred obligations shall be subject to an

easement for maintenance and inspection access.

Section 902.  Additional powers and duties of water resources

management authorities.

(a)  Exceptions.--Except as provided by this act, the

requirement and procedures in 53 Pa.C.S. § 5607 (relating to

purposes and powers) shall be followed in developing the rates

and fees and the process for assessing and collecting such fees.

(b)  Fee authorization.--In addition to the authority

provided in 53 Pa.C.S. § 5607, the water resources management

authority may levy a fee on property owners, users or consumers

of the services provided by the authority to pay for all costs

associated with planning, implementation, administration and

enforcement under the Storm Water Management Act or this act,

and including the authority to:

(1)  Fix, alter, charge and collect fees in the area

served by the county and the associated planning area, as

determined exclusively by the county, in order to carry out

the powers and duties authorized under this act, including

preparation of integrated water resources management plans

and their implementation and the acquisition or construction

of storm water or water resources management facilities in

the watershed or watershed-based planning area. The fee may

be based, in whole or in part, as a user or service fee,

special assessment fee, impact fee, bonding or other fee for

services which reflect the implementation of the

comprehensive storm water management plan or integrated water

resources management plan.

(2)  Collect delinquent fees in accordance with the act

of May 16, 1923 (P.L.207, No.153), referred to as the

Municipal Claim and Tax Lien Law.

(3)  Borrow money, make and issue negotiable notes,

bonds, refunding bonds and other evidences of indebtedness or

bonds of the agency which may not have a maturity date longer

than 40 years from the date of issue.

(4)  Secure payment of the bonds or any part thereof by

pledge or deed of trust of all or any of its revenues and

receipts and make agreements with the purchasers or holders

of bonds or with others in connection with any bonds, whether

issued or to be issued.

(5)  Use any available Federal or State funds, and any

other funds, and set up accounts as necessary to implement

the provisions of this act.

(6)  Include in the rate or fee structure costs

associated with planning, design, construction and operation

of capital facilities, including the development of

maintenance schedules.

(7)  Receive impact fees or participation costs and

maintenance bonds or other contributions related to provision

of water resources management services.

(c)  Reimbursement of implementation and maintenance costs.--

The following shall apply to reimbursement:

(1)  A county or municipality shall be reimbursed by the

water resources management authority for reasonable costs

that support the comprehensive storm water management plan or

integrated water resources plan implementation,

administration and maintenance under subsection (b)(1) and

(2).

(2)  Reimbursement shall not include costs related to

sanitary sewage facilities.

(3)  The water resources management authority shall have

the right to audit the county's or municipalities' costs of

implementation and maintenance for which reimbursement is

sought.

(4)  Nothing in this section shall be construed to limit

or impair application of this act to any county, municipality

or person, or to relieve any county, municipality or person

of duties required under this act, including preparation and

implementation of plans.

(d)  Design criteria and standards.--The comprehensive storm

water management plan or integrated water resources management

plan shall identify the design criteria or performance standard

for any storm water management practice implemented under this

section, and the county shall have no responsibility to

reimburse the cost of any practice not meeting the design

criteria or performance standard.

(e)  Maintenance of storm water practices or integrated water

resources management facilities.--Continuing maintenance of

storm water or water resources management practice shall be the

responsibility of the water resources management authority

implementing the practice under subsection (b)(1) and (2) unless

there is specific agreement otherwise between the authority and

the implementing party.

(f)  Objections.--Any resident, owner of real property or

person in the plan area questioning the rate or fees fixed by

the county, including extensions of service thereof, shall first

raise such objections with the county or the water resources

management authority, as the case may be. After exhausting their

administrative remedies, persons may bring suit against the

water resources management authority or county in the court of

common pleas of the county in which the principal office of the

water resources management authority is located.

CHAPTER 11

RIGHTS, REMEDIES, FUNDING AND ENFORCEMENT

Section 1101.  Duty of persons engaged in development of land.

Any landowner and any person engaged in any activity,

alteration or development of land which may affect water

resources or storm water runoff characteristics shall:

(1)  Manage rate, volume, velocity and quality of runoff

so as to prevent pollution to waters of this Commonwealth as

defined in The Clean Streams Law.

(2)  Implement such measures consistent with the

provisions of the comprehensive storm water management plan

or integrated water resources plan, or both if applicable, as

are reasonably necessary to protect, maintain, reclaim and

restore waters of this Commonwealth and to prevent injury to

health, safety or other property.

Section 1102.  Funding and imposing fees on tax-exempt property.

(a)  General rule.--Except as provided under subsection (b),

real property that is exempt from the payment of real estate tax

shall be subject to the fees and charges imposed in accordance

with this act.

(b)  Exempt property.--The following property shall be exempt

from the fees imposed by this act:

(1)  Property owned by a political subdivision, county or

municipality.

(2)  Property owned by an authority.

Section 1103.  Entry upon land for surveys and examinations.

(a)  Representatives.--Designated representatives of the

Commonwealth or a county, municipality or authority, upon

serving a reasonable notice and with the authorization of the

landowner or occupier, may enter upon lands in the plan area to

make surveys and examinations to accomplish the planning

purposes of this act.

(b)  Inspections.--The department may conduct inspections,

tests or samplings or examine books, papers and records

pertinent to any matter under investigation pursuant to this act

as it deems necessary to determine compliance with this act,

and, for this purpose, the duly authorized agents and employees

of the department are authorized at all reasonable times to

enter and examine any property, facility, operation or activity.

(c)  Agents and employees.--The owner, operator or other

person in charge of property, facility, operation or activity,

upon presentation of proper identification and purpose for

inspection by the agents or employees of the department, shall

give agents and employees free and unrestricted entry and

access, and, upon refusal to grant entry or access, the agent or

employee may obtain a search warrant or other suitable order

authorizing entry and inspection. It shall be sufficient

probable cause to issue a search warrant authorizing examination

and inspection if there is probable cause to believe that the

object of the investigation is subject to regulation under this

act and access, examination or inspection is necessary to

enforce the provisions of this act.

Section 1104.  Preservation of existing rights and remedies.

The taking of any action under the provisions of this act

shall not be construed as estopping the Commonwealth or any

county, municipality or aggrieved person from proceeding in

courts of law or equity to abate nuisances under existing law or

to restrain, at law or in equity, a violation of this act.

Section 1105.  Civil remedies.

(a)  Public nuisance.--Any activity conducted in violation of

the provisions of this act or of any comprehensive storm water

management plan or integrated water resources management plan or

regulations or ordinances adopted under this act is hereby

declared a public nuisance.

(b)  Actions.--

(1)  Suits to restrain, prevent or abate violations of

this act or of any comprehensive storm water management plan,

integrated water resources management plan, regulations or

ordinances adopted under this act may be instituted in equity

or at law by the department, any affected county or

municipality or any aggrieved person in any court of

competent jurisdiction.

(2)  Except in cases of emergency where, in the opinion

of the court, the circumstances of the case require immediate

abatement of the unlawful conduct, the court may, in its

decree, fix a reasonable time during which the person

responsible for the unlawful conduct shall correct or abate

the conduct.

(3)  The costs, attorney fees, administrative fees and

other expenses associated with proceeding under this section

shall be recoverable from the violator.

(c)  Any person injured by conduct which violates the

provisions of this act may, in addition to any other remedy

provided under this act, recover damages caused by a violation

from the landowner or other responsible person.

Section 1106.  Administrative procedure and judicial review.

(a)  Appeal of action of department.--Any person aggrieved by

any action of the department under this act shall have the right

within 30 days of receipt of notice of such action to appeal to

the Environmental Hearing Board.