PRIOR PRINTER'S NO. 2303 PRINTER'S NO. 3251
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 19770H1880B3251 - 2 -
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. 19770H1880B3251 - 3 -
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 19770H1880B3251 - 4 -
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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