PRINTER'S NO. 2593
No. 2030 Session of 1999
INTRODUCED BY SEYFERT, FAIRCHILD, LAUGHLIN, DALLY, BENNINGHOFF,
RAMOS, MICOZZIE, BELFANTI AND STEELMAN, NOVEMBER 8, 1999
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 8, 1999
AN ACT
1 Amending the act of October 4, 1978 (P.L.864, No.167), entitled
2 "An act providing for the regulation of land and water use
3 for flood control and storm water management purposes,
4 imposing duties and conferring powers on the Department of
5 Environmental Resources, municipalities and counties,
6 providing for enforcement, and making appropriations,"
7 further providing for municipal and public participation in
8 watershed planning, for failure to adopt certain ordinances,
9 for duty of land developers and for grants to counties; and
10 making an editorial change.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4 of the act of October 4, 1978 (P.L.864,
14 No.167), known as the Storm Water Management Act, is amended to
15 read:
16 Section 4. Definitions.
17 The following words and phrases when used in this act shall
18 have, unless the context clearly indicates otherwise, the
19 meanings given to them in this section:
20 "Department." The Department of Environmental [Resources]
21 Protection of the Commonwealth of Pennsylvania.
1 "Municipality." A city, borough, town or township, or any
2 county or other governmental unit when acting as an agent
3 thereof, or any combination thereof acting jointly.
4 "Pennsylvania Municipalities Planning Code." The act of July
5 31, 1968 (P.L.805, No.247), as amended.
6 "Person." An individual, partnership, public or private
7 association or corporation, firm, trust, estate, municipality,
8 governmental unit, public utility or any other legal entity
9 whatsoever which is recognized by law as the subject of rights
10 and duties. Whenever used in any section prescribing or imposing
11 a penalty, the term "person" shall include the members of a
12 partnership, the officers, members, servants and agents of an
13 association, officers, agents and servants of a corporation, and
14 the officers of a municipality or county, but shall exclude any
15 department, board, bureau or agency of the Commonwealth.
16 "Public utility service." The rendering of the following
17 services for the public:
18 (1) gas, electricity or steam production, generation,
19 transmission or distribution;
20 (2) water diversion, pumping, impoundment, or
21 distribution;
22 (3) railroad transportation of passengers or property;
23 (4) operation of a canal, turnpike, tunnel, bridge,
24 wharf or similar structure;
25 (5) transportation of natural or artificial gas, crude
26 oil, gasoline or petroleum products, materials for
27 refrigeration or other fluid substances by pipeline or
28 conduit;
29 (6) telephone or telegraph communications; and
30 (7) sewage collection, treatment or disposal.
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1 "Storm water." Drainage runoff from the surface of the land
2 resulting from precipitation or snow or ice melt.
3 "Watershed." The entire region or area drained by a river or
4 other body of water, whether natural or artificial.
5 "Watershed storm water plan." A plan for storm water
6 management adopted by a county in accordance with section 5.
7 Section 2. Section 6 of the act is amended by adding a
8 subsection to read:
9 Section 6. Municipal and public participation in watershed
10 planning.
11 * * *
12 (d) Municipalities having a population of 5,000 or less
13 shall have the option of participating in storm water management
14 planning for watersheds that are located fully or partially in
15 the municipality.
16 Section 3. Section 12 of the act is amended to read:
17 Section 12. Failure of municipalities to adopt implementing
18 ordinances.
19 (a) If the department finds that a municipality has failed
20 to adopt or amend, and implement such ordinances and regulations
21 as required by section 11, the department shall provide written
22 notice of violation to the municipality.
23 (b) Within 60 days of receipt of the notice of violation,
24 the municipality shall report to the department the action which
25 it is taking to comply with the requirement or regulation.
26 (c) [If within 180 days of receipt of the notice of
27 violation, the municipality has failed to comply with such
28 requirement or regulation, as determined by the department, the
29 department shall notify the State Treasurer to withhold payment
30 of all funds payable to the municipality from the General Fund.
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1 Provided, that prior to any withholding of funds, the department
2 shall give both notice to the municipality of its intention to
3 notify the State Treasurer to withhold payment of funds and the
4 right to appeal the decision of the department within the 180-
5 day period following notification. The hearing shall be
6 conducted before the Environmental Hearing Board in accordance
7 with the provisions of the act of April 9, 1929 (P.L.177,
8 No.175), known as "The Administrative Code of 1929," and
9 Chapters 5 and 7 of Title 2 (Administrative Law and Procedure),
10 of the Pennsylvania Consolidated Statutes. If an appeal is filed
11 within the 180-day period, funds shall not be withheld from the
12 municipality until the appeal is decided.
13 (d)] Any person, other than a municipality, aggrieved by an
14 action of the department shall have the right within 30 days of
15 receipt of notice of such action to appeal such action to the
16 Environmental Hearing Board, pursuant to section 1921-A, act of
17 April 9, 1929 (P.L.177, No.175), known as "The Administrative
18 Code of 1929," and the provisions of Chapters 5 and 7 of Title 2
19 (Administrative Law and Procedure) of the Pennsylvania
20 Consolidated Statutes.
21 Section 4. Section 17 of the act, amended May 24, 1984
22 (P.L.324, No.63), is amended to read:
23 Section 17. Grants and reimbursements to municipalities and
24 counties.
25 (a) The [Department of Environmental Resources] department
26 is authorized to administer grants to municipalities and
27 counties to assist or reimburse them for costs in preparing
28 official storm water management plans and actual administrative
29 and enforcement and implementation costs and revisions to
30 official plans for storm water management required by this act.
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1 Grants and reimbursements shall be made from and to the extent
2 of funds appropriated by the General Assembly for such purposes,
3 and shall be made in accordance to rules and regulations adopted
4 by the Environmental Quality Board.
5 (1) The grant shall be equal to [75%] 100% of the
6 allowable costs for preparation of official storm water
7 management plans, administrative, enforcement and
8 implementation costs incurred by any municipality or county.
9 (2) For the purposes of this section, such State grants
10 shall be in addition to grants for similar purposes made to
11 any municipality or county by the Federal Government:
12 Provided, That the grants authorized by this section shall be
13 limited such that the total of all State and Federal grants
14 does not exceed [75%] 100% of the allowable costs incurred by
15 the municipality or county.
16 (b) Nothing in this section shall be construed to impair or
17 limit application of this act to any municipality or person, or
18 to relieve any municipality or person of duties imposed under
19 this act.
20 (c) If, in any fiscal year, appropriations are insufficient
21 to cover the costs or grants and reimbursement to all
22 municipalities and counties eligible for such grants and
23 reimbursements in that fiscal year, the [Department of
24 Environmental Resources] department shall report such fact to
25 the General Assembly and shall request appropriation of funds
26 necessary to provide the grants authorized in this section. If
27 such a deficiency appropriation is not enacted, any municipality
28 or county which has not received the full amount of the grant
29 for which it is eligible under this section shall be as a first
30 priority reimbursed from appropriations made in the next
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1 successive fiscal year.
2 Section 5. This act shall take effect in 60 days.
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