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                                                       PRINTER'S NO. 241

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 241 Session of 1989


        INTRODUCED BY MUSTO, JANUARY 23, 1989

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
           JANUARY 23, 1989

                                     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 and water
     9     quality; providing for the jurisdiction of courts in the
    10     enforcement thereof; providing additional remedies for
    11     abating pollution of waters; imposing certain penalties;
    12     repealing certain acts; regulating discharges of sewage and
    13     industrial wastes; regulating the operation of mines and
    14     regulating the impact of mining upon water quality, supply
    15     and quantity; placing responsibilities upon landowners and
    16     land occupiers and to maintain primary jurisdiction over
    17     surface coal mining in Pennsylvania," further providing for
    18     The Clean Water Fund.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 8 of the act of June 22, 1937 (P.L.1987,
    22  No.394), known as The Clean Streams Law, is amended by adding
    23  subsections to read:
    24     Section 8.  Clean Water Fund.--* * *
    25     (c)  Priority for the use of funds in The Clean Water Fund


     1  shall be given to projects to provide for the cleanup of
     2  contamination caused by inadequate sewage collection and
     3  treatment facilities in any municipality which meets all of the
     4  following criteria:
     5     (1)  an area of the municipality is contaminated by discharge
     6  of sewage because of inadequate sewage collection and treatment
     7  and such contamination presents a present or potential danger to
     8  human health or the environment;
     9     (2)  the municipality has formally submitted a sewage
    10  services plan on a modification, amendment or revision to a
    11  sewage services plan under the provisions of the act of January
    12  24, 1966 (1965 P.L.1535, No.537), known as the "Pennsylvania
    13  Sewage Facilities Act";
    14     (3)  the department has disapproved the plan because of the
    15  existence of the sewage related contamination or has conditioned
    16  the approval of the plan upon the mitigation of the sewage
    17  related contamination;
    18     (4)  except for the lack of a permit issued pursuant to an
    19  approved plan, the municipality would otherwise be eligible to
    20  apply for or be considered for a grant or loan under the act of
    21  March 1, 1988 (P.L.82, No.16), known as the "Pennsylvania
    22  Infrastructure Investment Authority Act"; and
    23     (5)  the facilities to be provided under the plan submitted
    24  under the "Pennsylvania Sewage Facilities Act," would
    25  interconnect with and utilize facilities of an existing
    26  municipal sewage collection and treatment system.
    27     (d)  The secretary shall establish a priority list for the
    28  use of the fund as specified in subsection (c) and shall
    29  specifically encumber the amount of money in The Clean Water
    30  Fund as is necessary for each project determined to be eligible
    19890S0241B0241                  - 2 -

     1  under subsection (c).
     2     (e)  As used in this section, the term "municipality" means a
     3  borough or township.
     4     Section 2.  This act shall take effect in 60 days.


















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