PRINTER'S NO. 2516
No. 1980 Session of 1987
INTRODUCED BY LIVENGOOD, BURD, SEVENTY, CLARK, DUFFY, BOOK,
LANGTRY, FARGO, ROBBINS, FARMER, MERRY, BOWSER, CESSAR, WASS
AND HESS, NOVEMBER 17, 1987
REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 17, 1987
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 storm water plans review by the
8 department, for municipal ordinances and for civil remedies.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 5(c), 9(a), 11 and 13 of the act of
12 October 4, 1978 (P.L.864, No.167), known as the Storm Water
13 Management Act, are amended to read:
14 Section 5. Watershed storm water plans and contents.
15 * * *
16 (c) Each watershed storm water plan shall:
17 (1) contain such provisions as are reasonably necessary
18 to manage the quantity, velocity and direction of storm water
19 runoff such that land development or other activities in each
20 municipality within the watershed do not adversely affect
1 health, safety and property within the municipality or in
2 other municipalities within the watershed and in basins to
3 which the watershed is tributary; [and] or
4 (2) [consider and be consistent with other existing
5 municipal, county, regional and State environmental and land
6 use plans.] contain such provisions as are reasonably
7 necessary to assure that the maximum rate of storm water
8 runoff from new land development or alteration is no greater
9 after development or alteration than prior to such
10 activities; and
11 (3) consider and be consistent with other existing
12 municipal, county, regional and State environmental and land
13 use plans.
14 Section 9. Review and approval by the department.
15 (a) The department shall, in consultation with the
16 Department of Community Affairs, review all watershed storm
17 water plans and revisions or amendments thereto. It shall
18 approve the plan if it determines:
19 (1) that the plan is consistent with municipal flood
20 plain management plans, State programs which regulate dams,
21 encroachments, and water obstructions, and State and Federal
22 flood control programs; [and]
23 (2) that the plan is compatible with other watershed
24 storm water plans for the basin in which the watershed is
25 located, and is consistent with the policies and purposes of
26 this act[.]; and
27 (3) that the plan complies with the requirements of
28 section 5 and includes such provisions and measures,
29 consistent with the guidelines adopted pursuant to section
30 14, as are reasonably necessary to:
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1 (i) assure that the maximum rate of storm water
2 runoff from new land development or alteration is no
3 greater after development or alteration than prior to
4 such activities; or
5 (ii) manage the quantity, velocity and direction of
6 storm water runoff to reasonably protect health and
7 property from possible injury.
8 * * *
9 Section 11. [Effect of watershed storm water plans.
10 (a) After adoption and approval of a watershed storm water
11 plan in accordance with this act, the location, design and
12 construction within the watershed of storm water management
13 systems, obstructions, flood control projects, subdivisions and
14 major land developments, highways and transportation facilities,
15 facilities for the provision of public utility services and
16 facilities owned or financed in whole or in part by funds from
17 the Commonwealth shall be conducted in a manner consistent with
18 the watershed storm water plan.
19 (b)] Ordinances and regulations implementing watershed storm
20 water plans.
21 (a) Within six months following adoption and approval of the
22 watershed storm water plan in accordance with this act, each
23 municipality shall adopt or amend, and shall implement such
24 ordinances and regulations, including zoning, subdivision and
25 development, building code, and erosion and sedimentation
26 ordinances, as are necessary to regulate development within the
27 municipality in a manner consistent with the applicable
28 watershed storm water plan [and the provisions of this act.] and
29 as are reasonably necessary to prevent injury to health, safety
30 or other property. Such ordinances shall be submitted for review
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1 to the county that adopted the watershed storm water plan. The
2 county shall review such ordinances and regulations within 45
3 days of receipt for consistency with the requirements of the
4 watershed storm water plan and the provisions of this act and
5 may recommend changes to the municipality. Such ordinances and
6 regulations shall include such provisions as are required:
7 (1) to assure that the maximum rate of storm water
8 runoff is no greater after development than prior to
9 development activities; or
10 (2) to manage the quantity, velocity and direction of
11 resulting storm water runoff in a manner which otherwise
12 reasonably protects health and property from possible injury.
13 (b) After adoption or amendment of ordinances and
14 regulations implementing the provisions of an applicable
15 watershed storm water plan, the location, design and
16 construction within the watershed of storm water management
17 systems, obstructions, flood control projects, subdivisions and
18 major land developments, highways and transportation facilities,
19 facilities for the provision of public utility services and
20 facilities owned or financed in whole or in part by funds from
21 the Commonwealth shall be consistent with the applicable
22 ordinances and regulations.
23 Section 13. Duty of persons engaged in the development of land.
24 [Any] (a) After a municipality has adopted or amended
25 ordinances or regulations implementing an approved watershed
26 storm water plan, any landowner and any person engaged in the
27 alteration or development of land which may affect storm water
28 runoff characteristics shall implement such measures consistent
29 with the provisions of the applicable [watershed storm water
30 plan] ordinances and regulations as are reasonably necessary [to
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1 prevent injury to health, safety or other property. Such
2 measures shall include such actions as are required]:
3 (1) to assure that the maximum rate of storm water
4 runoff is no greater after development than prior to
5 development activities; or
6 (2) to manage the quantity, velocity and direction of
7 resulting storm water runoff in a manner which otherwise
8 [adequately] reasonably protects health and property from
9 possible injury.
10 (b) If a landowner or other person engaged in the alteration
11 or development of land complies with the provisions of all
12 applicable municipal ordinances and regulations adopted pursuant
13 to section 11, such compliance shall constitute a presumption
14 that the landowner or other person has complied with the duties
15 imposed by this section.
16 Section 2. Section 15 of the act, repealed in part October
17 5, 1980 (P.L.693, No.142), is amended to read:
18 Section 15. Civil remedies.
19 (a) Any activity conducted in violation of the provisions of
20 this act or of any [watershed storm water plan,] regulations or
21 ordinances adopted hereunder, is hereby declared a public
22 nuisance.
23 (b) Suits to restrain, prevent or abate violation of this
24 act or of any [watershed storm water plan,] regulations or
25 ordinances adopted hereunder[,] may be instituted in equity or
26 at law by or against the department, any affected county or
27 municipality, or any aggrieved person. Except in cases of
28 emergency where, in the opinion of the court, the circumstances
29 of the case require immediate abatement of the unlawful conduct,
30 the court may, in its decree, fix a reasonable time during which
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1 the person responsible for the unlawful conduct shall correct or
2 abate the same. The expense of such proceedings shall be
3 recoverable from the violator in such manner as may now or
4 hereafter be provided by law.
5 (c) Any person injured by conduct which violates the
6 provisions of section 13 may, in addition to any other remedy
7 provided under this act, recover damages caused by such
8 violation from the landowner or other responsible person.
9 Section 3. This act shall take effect in 60 days.
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