PRIOR PRINTER'S NO. 2303                      PRINTER'S NO. 3251

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1880 Session of 1977


        INTRODUCED BY MESSRS. GEORGE, LETTERMAN, 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

        AS REPORTED FROM COMMITTEE ON CONSERVATION, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MAY 31, 1978

                                     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 AND MAKING AN APPROPRIATION.      <--

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


     1  municipality is required by other provisions of this act to have
     2  a permit for the discharge of sewage, if the department finds
     3  that the acquisition, construction, repair, alteration,
     4  completion, extension or operation of a sewer system or
     5  treatment facility is necessary to properly provide for the
     6  prevention of pollution or prevention of a public health
     7  nuisance, the department may, subject to the limitations set
     8  forth in subsection (c), order such municipality to acquire,
     9  construct, repair, alter, complete, extend, or operate a sewer
    10  system and/or treatment facility. Such order shall specify the
    11  length of time, after receipt of the order, within which such
    12  action shall be taken.
    13     (b)  The department may from time to time order a
    14  municipality to file a report with the department pertaining to
    15  sewer systems or treatment facilities owned, operated, or
    16  maintained by such municipality or pertaining to the effect upon
    17  the waters of the Commonwealth of any sewage discharges
    18  originating from sources within the municipality. The report
    19  shall contain such plans, facts, and information which the
    20  department may require to enable it to determine whether
    21  existing sewer systems and treatment facilities are adequate to
    22  meet the present and future needs or whether the acquisition,
    23  construction, repair, alteration, completion, extension, or
    24  operation of a sewer system or treatment facility should be
    25  required to meet the objectives of this act. Whether or not such
    26  reports are required or received by the department, the
    27  department may, subject to the limitations set forth in
    28  subsection (c), issue appropriate orders to municipalities where
    29  such orders are found to be necessary to assure that there will
    30  be adequate sewer systems and treatment facilities to meet
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     1  present and future needs or otherwise to meet the objectives of
     2  this act. Such orders may include, but shall not be limited to,
     3  orders requiring municipalities to undertake studies, to prepare
     4  and submit plans, to acquire, construct, repair, alter,
     5  complete, extend, or operate a sewer system or treatment
     6  facility, or to negotiate with other municipalities for combined
     7  or joint sewer systems or treatment facilities. Such orders may
     8  prohibit sewer system extensions, additional connections, or any
     9  other action that would result in an increase in the sewage that
    10  would be discharged into an existing sewer system or treatment
    11  facility.
    12     (c)  Notwithstanding any other provision of this section or    <--
    13  act to the contrary, a municipality may not be compelled by the
    14  department or any court to construct, or be subjected to
    15  criminal or civil penalties for failure to construct, a sewage
    16  treatment plant or sewers if such construction is not
    17  economically feasible. The department shall have the duty and
    18  burden of establishing that such construction is economically
    19  feasible under guidelines adopted by the Environmental Quality
    20  Board in every case in which a municipality files a petition,
    21  accompanied by a feasibility report and other documentation
    22  required by the department, alleging that such construction is
    23  not economically feasible.
    24     (d)  The Environmental Quality Board shall, by regulation,
    25  adopt guidelines for determining whether or not construction of
    26  sewerage facilities by municipalities is economically feasible.
    27  In addition to other criteria which the board deems pertinent,
    28  the board shall consider the following:
    29     (1)  The total market value of taxable real property in the
    30  entire municipality and in the area or areas to be served.
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     1     (2)  The average annual income of the residents of the
     2  municipality.
     3     (3)  The total cost and per capita cost of the project.
     4     (4)  The amount of Federal and State aid available for the
     5  project.
     6     (5)  The number of residents and population density of the
     7  municipality.
     8     (6)  The revenues and indebtedness of the municipality.
     9     (7)  Average Statewide total costs and per capita costs of
    10  projects of comparable size and scope.
    11     (8)  Unusual topographical or other features creating
    12  inequities in the assessment of construction costs.
    13     (e)  Whenever it is determined that construction of sewerage
    14  facilities is not economically feasible in a particular
    15  municipality, the municipality shall, to the extent that funds
    16  are available and if the department determines that the
    17  municipality should construct sewerage facilities, be given such
    18  additional financial assistance under the act of January 19,
    19  1968 (1967 P.L.996, No.443), known as "The Land and Water
    20  Conservation and Reclamation Act," as shall be necessary to make
    21  the construction economically feasible.
    22     Section 210.  Duties of Municipalities.--(a)  It shall be the
    23  duty of the corporate authorities of a municipality upon whom an
    24  order is issued pursuant to section 203 of this act to proceed
    25  diligently in compliance with such order.
    26     (b)  If the corporate authorities fail to proceed diligently,
    27  or if the municipality fails to comply with the order within the
    28  specified time, the corporate authorities shall be guilty of
    29  contempt and shall be punished by the court in an appropriate
    30  manner and, for this purpose, application may be made by the
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     1  Attorney General to the [Court of Common Pleas of Dauphin
     2  County, until such time as the Commonwealth Court comes into
     3  existence and thereafter the Commonwealth Court instead of said
     4  Court of Common Pleas of Dauphin County, or to the] court of
     5  common pleas of the county wherein the municipality is situated,
     6  which courts are hereby given jurisdiction.
     7     (c)  No court shall have jurisdiction to enforce an order
     8  under subsection (b) or to enforce an order or otherwise compel
     9  a municipality in an action at law or in equity to construct
    10  sewerage facilities in any case where the municipality has filed
    11  a petition under section 203(c) either prior to or subsequent to
    12  the institution of court proceedings unless and until the
    13  petition has been finally determined against the municipality.
    14     (C)  BEFORE COMPELLING A MUNICIPALITY TO ENTER INTO THE        <--
    15  CONSTRUCTION PHASE OF A MAJOR SEWERAGE PROJECT REQUIRED UNDER
    16  SUBSECTION (A) OR (B), THE DEPARTMENT SHALL DETERMINE THAT THE
    17  MUNICIPALITY HAS SELECTED A COST-EFFECTIVE PROJECT FOR
    18  CONSTRUCTION, THAT THE MUNICIPALITY HAS PROVIDED PUBLIC
    19  DISCLOSURE OF THE PROPOSED PROJECT AND THE COSTS ASSOCIATED WITH
    20  THAT PROJECT, INCLUDING AN ESTIMATE OF THE TOTAL MONTHLY CHARGE
    21  TO A TYPICAL RESIDENTIAL USER, AND THAT THE MUNICIPALITY HAS THE
    22  LEGAL, INSTITUTIONAL, MANAGERIAL, AND FINANCIAL CAPABILITY TO
    23  INSURE ADEQUATE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE
    24  FACILITIES PROPOSED. THE DEPARTMENT'S DETERMINATION SHALL BE
    25  BASED ON ITS REVIEW OF A FACILITIES PLAN AND OTHER DOCUMENTATION
    26  SUBMITTED BY THE MUNICIPALITY AS REQUIRED BY THE DEPARTMENT.
    27     SECTION 2.  THE SUM OF $350,000 OR AS MUCH THEREOF AS MAY BE
    28  NECESSARY IS HEREBY APPROPRIATED TO THE DEPARTMENT OF
    29  ENVIRONMENTAL RESOURCES FOR THE FISCAL YEAR JULY 1, 1978 TO JUNE
    30  30, 1979.
    19770H1880B3251                  - 5 -

     1     Section 2 3.  This act shall take effect in 90 days.           <--




















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