See other bills
under the
same topic
PRINTER'S NO. 332
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
334
Session of
2017
INTRODUCED BY FONTANA, BREWSTER, COSTA, TARTAGLIONE, YUDICHAK,
HAYWOOD, HUGHES, BOSCOLA AND WILLIAMS, FEBRUARY 15, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 15, 2017
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," providing for short title; further
providing for definitions, for creation of a Sewage Disposal
System Fund and for expenditure of fund; providing for
expenditure of public funds for private lateral sewer lines;
and further providing for grants of moneys.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 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Commonwealth," is repealed:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
[Section 1. Definitions.--As used in this act, the word or
phrase "Municipality" means any city, borough, incorporated
town, or township.
"Municipality 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.
"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 2. This act is amended by adding sections to read:
Section 1.1. Short Title.-- This act shall be known and may
be cited as the Sewage Disposal System Act.
Section 1.2. 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:
"Department" means the Department of Environmental Protection
of the Commonwealth.
"Municipal Authority" means a body politic and corporate
created pursuant to the provisions of the former Municipality
Authorities Act of 1945, the former 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
20170SB0334PN0332 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
serving a structure or dwelling and carrying sewage wastes from
the structure or dwelling to a sewage disposal system .
"Sewage Disposal System" means a public system for the
disposal of sewage, including all mainlines, pipes, pump
stations and related facilities transporting or 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.
Section 3. Sections 2 and 4 of the act are amended to read:
Section 2. Creation of a Sewage Disposal System Fund.--Any
municipality shall have power to create a special fund and to
accumulate therein moneys for expenditure in accordance with the
provisions of this act. [Such] The special fund may consist of,
(1) moneys transferred during any fiscal year from
appropriations made for any particular purpose, which may not be
needed, (2) surplus moneys in the general fund of the treasury
of the municipality at the end of any fiscal year, and (3)
moneys appropriated to the fund in the annual budget. All moneys
appropriated or transferred to this special fund shall be used
only for the planning, construction, improvement or replacement
of a sewage disposal system: Provided, That no moneys shall be
used for any construction, improvement or replacement unless the
plans therefor have been approved by the [Sanitary Water Board]
department.
Section 4. Expenditure of Fund.--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] municipal authorities, only for
preparing plans for a sewage disposal system and for the
20170SB0334PN0332 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
construction, improvement or replacement of a sewage disposal
system for which plans have been approved by the [Sanitary Water
Board.] department.
Section 4. The act is amended by adding a section to read:
Section 4.1. Expenditure of Public Funds for Private Lateral
Sewer Lines.--(a) A municipality or municipal authority may use
public funds for the improvement, extension, repair or
rehabilitation of private lateral sewer lines connected to
sewage disposal systems, where the municipality or municipal
authority determines that those activities will benefit the
sewage disposal system or the public health, or will prevent
damages to public property.
(b) Before using public funds under subsection (a), the
municipality or municipal authority shall consider the available
public funds, equipment, personnel and facilities and the
competing demands of the municipality for the public funds,
equipment, personnel and facilities.
(c) No municipality or municipal authority that has
completed the improvement, extension, repair or rehabilitation
of private sewer lines under subsection (a) shall be deemed to
be the owner of the private lateral sewer lines, or to have any
further responsibility to conduct those activities, unless the
municipality or municipal authority makes an affirmative
determination to accept such obligations.
Section 5. Section 5 of the act is amended to read:
Section 5. Grants of Moneys.--Any municipality may
appropriate or transfer moneys to a [municipality] municipal
authority to be used by it for planning, constructing, improving
or replacing a sewage disposal system to serve such
municipality.
20170SB0334PN0332 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 6. This act shall take effect in 60 days.
20170SB0334PN0332 - 5 -
1