PRINTER'S NO. 1398
No. 1226 Session of 1987
INTRODUCED BY HASAY, GEORGE, WOZNIAK, REBER, JAROLIN, BELARDI,
LUCYK, MICHLOVIC, HAYDEN, BARLEY, WASS, JADLOWIEC, SAURMAN,
ARGALL, SCHEETZ, LEVDANSKY, DOMBROWSKI, FEE, O'DONNELL, NOYE,
MORRIS, LETTERMAN, STUBAN, KUKOVICH, LaGROTTA, CAPPABIANCA,
VAN HORNE, CARLSON, DeWEESE, MRKONIC, PHILLIPS, BALDWIN,
TIGUE, MAYERNIK, DUFFY, DISTLER, HERSHEY, HALUSKA, PETRARCA,
BLAUM, LLOYD, JOHNSON, STABACK, D. R. WRIGHT, McHALE,
MARKOSEK, ANGSTADT, KOSINSKI, KASUNIC, COLE, HERMAN, JACKSON,
COLAFELLA, BUNT, LESCOVITZ, RAYMOND, SEMMEL, STAIRS, FLICK,
GRUPPO, COY, SHOWERS, FISCHER, ARTY, YANDRISEVITS, LASHINGER,
VEON, REINARD, DeLUCA AND RITTER, APRIL 29, 1987
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 29, 1987
AN ACT
1 Establishing an Emergency Sewer Facilities Grant Program;
2 imposing additional powers and duties on the Department of
3 Environmental Resources; and making an appropriation.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Emergency
8 Sewer Facilities Grant Program Act.
9 Section 2. Declaration of policy.
10 (a) Legislative intent.--There are numerous communities
11 throughout this Commonwealth which, because of declining
12 population, deterioration of the tax base and the changing
13 economy, have been unable to provide contingency funds in
14 amounts necessary to provide for unanticipated expenses
1 resulting from emergency disruptions in sewer facility
2 operations. These disruptions usually present a clear and
3 imminent danger to the affected population from the potential
4 pollution resulting in the contamination of soil and surface and
5 underground water. It is the intent of the General Assembly to
6 provide funds to those municipalities which do not have, or
7 cannot reasonably be expected to have, necessary funds available
8 to assist them in making nonbudgeted, unanticipated payments
9 necessary to make emergency repairs to sewer facilities in cases
10 where failure to make such repairs would result in a serious
11 imminent threat to the health and safety of the residents of the
12 municipality and the adjacent area.
13 (b) Purpose.--The purpose of the Emergency Sewer Facilities
14 Grant Program is to assist economically disadvantaged
15 communities in protecting public health and safety, which might
16 become endangered as the result of a disruption of the operation
17 of the municipal sewage treatment and collection system created
18 by unanticipated damages which occur to the system, and to
19 provide funds for the immediate repair of the system in those
20 cases where the municipality has inadequate funds because of its
21 position as an economically disadvantaged municipality.
22 (c) Use of funds.--It is intended that grants made under
23 this act shall be used only to make sewer system repairs that
24 are deemed by the department to be necessary, under the
25 provisions of this act, to protect the public health and safety
26 of the people and for which the economically disadvantaged
27 municipality has inadequate funds available for such repairs.
28 Section 3. Definitions.
29 The following words and phrases when used in this act shall
30 have the meanings given to them in this section unless the
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1 context clearly indicates otherwise:
2 "Adjacent area." The area served by the municipal sewer
3 facility outside its boundaries, including any area on or
4 through which the facility or its components are located.
5 "Department." The Department of Environmental Resources of
6 the Commonwealth.
7 "Disruption." A malfunction of a sewer facility which is not
8 intentionally caused, which occurs unexpectedly during normal
9 operation of the facility and which precludes the normal, safe
10 and proper use and operation of the facility to provide
11 essential services to the municipality.
12 "Economically distressed municipality." A municipality where
13 the:
14 (1) per capita income of the residents of the
15 municipality was $6,500 or less; and
16 (2) municipality had a budget deficit of at least 2% in
17 1986 and projects a budget deficit which equals or exceeds
18 the 1986 deficit.
19 "Emergency." A situation caused by a disruption which is
20 reasonably unanticipated, caused by circumstances beyond control
21 of the municipality which could not be foreseen or reasonably
22 known to exist, and which, if not remedied, would result in a
23 clear and present danger to human health and safety.
24 "Municipal sewer facility." A sewer facility owned and
25 operated by a municipality.
26 "Municipality." Any city, town, township or borough, or any
27 authority created by any of the foregoing.
28 "Repair." The restoration of the facility to minimal
29 acceptable operating condition consistent with applicable law
30 and regulation.
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1 "Secretary." The Secretary of Environmental Resources of the
2 Commonwealth.
3 "Sewer facility." Any system for the collection and
4 treatment of sewage or industrial wastes of a liquid nature from
5 more than two lots.
6 Section 4. Establishment of program.
7 There is hereby established an Emergency Sewer Facilities
8 Grant Program. The department shall administer the program and
9 may make grants for emergency sewer facility repairs in
10 economically disadvantaged communities for the purpose of making
11 emergency sewer facility repairs deemed necessary to protect the
12 public health and safety of the residents of the municipality
13 and adjacent areas.
14 Section 5. Powers and duties of department.
15 The department shall have the following powers and duties:
16 (1) Establish, consistent with this act, criteria to be
17 used in determining whether a municipality is an economically
18 disadvantaged municipality.
19 (2) Establish, consistent with this act, criteria to be
20 used to determine if a sewer facility disruption constitutes
21 an emergency situation which creates an imminent danger to
22 public health and safety.
23 (3) Specify application forms and procedures by which
24 economically disadvantaged communities may apply for grants.
25 (4) Make determinations, pursuant to the provisions of
26 this act, after receipt of application, as to whether the
27 municipality is economically disadvantaged and if the sewer
28 facility disruption is of such a nature as to present real
29 and imminent danger to the health and safety of the residents
30 of the municipality and the adjacent area.
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1 (5) Make grants under the program for specific projects
2 in economically disadvantaged municipalities after
3 determination that a sewage facility disruption has occurred
4 which poses an imminent threat to the public health and
5 safety of the residents of the municipality and the adjacent
6 area.
7 (6) Provide technical assistance to municipalities which
8 apply for grants under this act to assist them in making
9 maximum use of grant funds.
10 (7) Promulgate rules and regulations as necessary to
11 carry out the provisions of this act.
12 Section 6. Grant requirements.
13 Grants shall be given by the department to municipalities
14 which meet all of the following requirements:
15 (1) The municipality is designated as an economically
16 distressed municipality.
17 (2) The sewer facility disruption is designated a threat
18 to public health and safety by the department in accordance
19 with rules, regulations and guidelines promulgated under this
20 act.
21 (3) A sewer facility disruption is designated an
22 emergency condition by the department in accordance with this
23 act.
24 Section 7. Limitation on grants.
25 Qualifying municipalities may receive grants under this act
26 in an amount as deemed necessary by the department up to
27 $300,000. No municipality may be eligible for more than one
28 grant under this act during any one fiscal year, nor may any
29 municipality be eligible for more than one grant for any one
30 sewer facility emergency repair project. Any grants made under
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1 this program shall be made only to supplement funds available
2 from the municipality and only in amounts necessary to
3 effectuate the necessary emergency repairs.
4 Section 8. Reporting.
5 On or before one year from the effective date of this act,
6 the department shall provide a report to the Speaker of the
7 House of Representatives and the President pro tempore of the
8 Senate for the preceding year. The report shall contain, at a
9 minimum, the following information:
10 (1) A list of the approved grants and the amount of the
11 grants.
12 (2) A description of the criteria met by the
13 municipality which qualified the municipality for the grant.
14 (3) A list of the grants not approved in the preceding
15 fiscal year, including reasons for nonapproval.
16 Section 9. Appropriation.
17 The sum of $3,000,000, or as much thereof as may be
18 necessary, is hereby appropriated to the Department of
19 Environmental Resources for the fiscal year July 1, 1987, to
20 June 30, 1988, to carry out the provisions of this act. This
21 appropriation shall be a continuing appropriation and shall not
22 lapse at the end of any fiscal year. No more than 5% of the
23 moneys hereby appropriated shall be used for the administration
24 of this act.
25 Section 10. Effective date.
26 This act shall take effect immediately.
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