PRINTER'S NO. 2303

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1880 Session of 1977


        INTRODUCED BY C. GEORGE, LETTERMAN, F. TAYLOR, YAHNER, CASSIDY,
           D. R. WRIGHT, McCALL, DeMEDIO, KOLTER, PETRARCA,
           W. D. HUTCHINSON, DUFFY, RAVENSTAHL, LOGUE, MACKOWSKI,
           CESSAR, DAVIES, STUBAN, GAMBLE, SWEET, LIVENGOOD, ENGLEHART
           AND B. F. O'BRIEN, NOVEMBER 16, 1977

        REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 16, 1977

                                     AN ACT

     1  Amending the act of June 22, 1937 (P.L.1987, No.394), entitled,
     2     as amended, "An act to preserve and improve the purity of the
     3     waters of the Commonwealth for the protection of public
     4     health, animal and aquatic life, and for industrial
     5     consumption, and recreation; empowering and directing the
     6     creation of indebtedness or the issuing of non-debt revenue
     7     bonds by political subdivisions to provide works to abate
     8     pollution; providing protection of water supply; providing
     9     for the jurisdiction of courts in the enforcement thereof;
    10     providing additional remedies for abating pollution of
    11     waters; imposing certain penalties; repealing certain acts;
    12     regulating discharges of sewage and industrial wastes;
    13     regulating the operation of mines; and placing
    14     responsibilities upon landowners and land occupiers,"
    15     limiting the authority of the Department of Environmental
    16     Resources and courts in requiring construction of sewerage
    17     facilities by municipalities.

    18     The General Assembly of the Commonwealth of Pennsylvania
    19  hereby enacts as follows:
    20     Section 1.  Sections 203 and 210, act of June 22, 1937
    21  (P.L.1987, No.394), known as "The Clean Streams Law," amended
    22  July 31, 1970 (P.L.653, No.222), are amended to read:
    23     Section 203.  Municipal Sewage.--(a)  Whether or not a
    24  municipality is required by other provisions of this act to have

     1  a permit for the discharge of sewage, if the department finds
     2  that the acquisition, construction, repair, alteration,
     3  completion, extension or operation of a sewer system or
     4  treatment facility is necessary to properly provide for the
     5  prevention of pollution or prevention of a public health
     6  nuisance, the department may, subject to the limitations set
     7  forth in subsection (c), order such municipality to acquire,
     8  construct, repair, alter, complete, extend, or operate a sewer
     9  system and/or treatment facility. Such order shall specify the
    10  length of time, after receipt of the order, within which such
    11  action shall be taken.
    12     (b)  The department may from time to time order a
    13  municipality to file a report with the department pertaining to
    14  sewer systems or treatment facilities owned, operated, or
    15  maintained by such municipality or pertaining to the effect upon
    16  the waters of the Commonwealth of any sewage discharges
    17  originating from sources within the municipality. The report
    18  shall contain such plans, facts, and information which the
    19  department may require to enable it to determine whether
    20  existing sewer systems and treatment facilities are adequate to
    21  meet the present and future needs or whether the acquisition,
    22  construction, repair, alteration, completion, extension, or
    23  operation of a sewer system or treatment facility should be
    24  required to meet the objectives of this act. Whether or not such
    25  reports are required or received by the department, the
    26  department may, subject to the limitations set forth in
    27  subsection (c), issue appropriate orders to municipalities where
    28  such orders are found to be necessary to assure that there will
    29  be adequate sewer systems and treatment facilities to meet
    30  present and future needs or otherwise to meet the objectives of
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     1  this act. Such orders may include, but shall not be limited to,
     2  orders requiring municipalities to undertake studies, to prepare
     3  and submit plans, to acquire, construct, repair, alter,
     4  complete, extend, or operate a sewer system or treatment
     5  facility, or to negotiate with other municipalities for combined
     6  or joint sewer systems or treatment facilities. Such orders may
     7  prohibit sewer system extensions, additional connections, or any
     8  other action that would result in an increase in the sewage that
     9  would be discharged into an existing sewer system or treatment
    10  facility.
    11     (c)  Notwithstanding any other provision of this section or
    12  act to the contrary, a municipality may not be compelled by the
    13  department or any court to construct, or be subjected to
    14  criminal or civil penalties for failure to construct, a sewage
    15  treatment plant or sewers if such construction is not
    16  economically feasible. The department shall have the duty and
    17  burden of establishing that such construction is economically
    18  feasible under guidelines adopted by the Environmental Quality
    19  Board in every case in which a municipality files a petition,
    20  accompanied by a feasibility report and other documentation
    21  required by the department, alleging that such construction is
    22  not economically feasible.
    23     (d)  The Environmental Quality Board shall, by regulation,
    24  adopt guidelines for determining whether or not construction of
    25  sewerage facilities by municipalities is economically feasible.
    26  In addition to other criteria which the board deems pertinent,
    27  the board shall consider the following:
    28     (1)  The total market value of taxable real property in the
    29  entire municipality and in the area or areas to be served.
    30     (2)  The average annual income of the residents of the
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     1  municipality.
     2     (3)  The total cost and per capita cost of the project.
     3     (4)  The amount of Federal and State aid available for the
     4  project.
     5     (5)  The number of residents and population density of the
     6  municipality.
     7     (6)  The revenues and indebtedness of the municipality.
     8     (7)  Average Statewide total costs and per capita costs of
     9  projects of comparable size and scope.
    10     (8)  Unusual topographical or other features creating
    11  inequities in the assessment of construction costs.
    12     (e)  Whenever it is determined that construction of sewerage
    13  facilities is not economically feasible in a particular
    14  municipality, the municipality shall, to the extent that funds
    15  are available and if the department determines that the
    16  municipality should construct sewerage facilities, be given such
    17  additional financial assistance under the act of January 19,
    18  1968 (1967 P.L.996, No.443), known as "The Land and Water
    19  Conservation and Reclamation Act," as shall be necessary to make
    20  the construction economically feasible.
    21     Section 210.  Duties of Municipalities.--(a)  It shall be the
    22  duty of the corporate authorities of a municipality upon whom an
    23  order is issued pursuant to section 203 of this act to proceed
    24  diligently in compliance with such order.
    25     (b)  If the corporate authorities fail to proceed diligently,
    26  or if the municipality fails to comply with the order within the
    27  specified time, the corporate authorities shall be guilty of
    28  contempt and shall be punished by the court in an appropriate
    29  manner and, for this purpose, application may be made by the
    30  Attorney General to the [Court of Common Pleas of Dauphin
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     1  County, until such time as the Commonwealth Court comes into
     2  existence and thereafter the Commonwealth Court instead of said
     3  Court of Common Pleas of Dauphin County, or to the] court of
     4  common pleas of the county wherein the municipality is situated,
     5  which courts are hereby given jurisdiction.
     6     (c)  No court shall have jurisdiction to enforce an order
     7  under subsection (b) or to enforce an order or otherwise compel
     8  a municipality in an action at law or in equity to construct
     9  sewerage facilities in any case where the municipality has filed
    10  a petition under section 203(c) either prior to or subsequent to
    11  the institution of court proceedings unless and until the
    12  petition has been finally determined against the municipality.
    13     Section 2.  This act shall take effect in 90 days.












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