PRINTER'S NO. 565
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
509
Session of
2015
INTRODUCED BY GABLER, BAKER, BARRAR, BENNINGHOFF, CAUSER,
D. COSTA, EVERETT, A. HARRIS, JAMES, KNOWLES, LONGIETTI,
McGINNIS, METZGAR, MOUL, OBERLANDER, PICKETT, READSHAW AND
TALLMAN, FEBRUARY 17, 2015
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 17, 2015
AN ACT
Amending the act of October 4, 1978 (P.L.864, No.167), entitled
"An act providing for the regulation of land and water use
for flood control and storm water management purposes,
imposing duties and conferring powers on the Department of
Environmental Resources, municipalities and counties,
providing for enforcement, and making appropriations,"
further providing for failure of municipalities to adopt
implementing ordinances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 12(c) of the act of October 4, 1978
(P.L.864, No.167), known as the Storm Water Management Act, is
amended and the section is amended by adding a subsection to
read:
Section 12. Failure of municipalities to adopt implementing
ordinances.
* * *
[(c) If within 180 days of receipt of the notice of
violation, the municipality has failed to comply with such
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requirement or regulation, as determined by the department, the
department shall notify the State Treasurer to withhold payment
of all funds payable to the municipality from the General Fund.
Provided, that prior to any withholding of funds, the department
shall give both notice to the municipality of its intention to
notify the State Treasurer to withhold payment of funds and the
right to appeal the decision of the department within the 180-
day period following notification. The hearing shall be
conducted before the Environmental Hearing Board in accordance
with the provisions of the act of April 9, 1929 (P.L.177,
No.175), known as "The Administrative Code of 1929," and
Chapters 5 and 7 of Title 2 (Administrative Law and Procedure),
of the Pennsylvania Consolidated Statutes. If an appeal is filed
within the 180-day period, funds shall not be withheld from the
municipality until the appeal is decided.]
* * *
(e) Any municipality aggrieved by an action of the
department shall have the right within 60 days of receipt of
notice of such action to appeal such action to the Environmental
Hearing Board pursuant to the act of July 13, 1988 (P.L.530,
No.94), known as the "Environmental Hearing Board Act," and the
provisions of Chapters 5 and 7 of Title 2 of the Pennsylvania
Consolidated Statutes.
Section 2. This act shall take effect in 60 days.
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