PRINTER'S NO. 3368
No. 2009 Session of 2002
INTRODUCED BY STEIL, BARRAR, BELARDI, BELFANTI, CALTAGIRONE, CORRIGAN, COSTA, CREIGHTON, CURRY, DAILEY, DALEY, DALLY, DeLUCA, DeWEESE, FRANKEL, FREEMAN, GEORGE, GRUCELA, HALUSKA, HARHAI, HARPER, HENNESSEY, HERMAN, HORSEY, LAUGHLIN, LEVDANSKY, McCALL, McGILL, MELIO, MICHLOVIC, MUNDY, READSHAW, ROSS, RUBLEY, SHANER, STABACK, E. Z. TAYLOR, TIGUE, TRICH, WALKO, WATSON, C. WILLIAMS, WOJNAROSKI AND YOUNGBLOOD, MARCH 11, 2002
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 11, 2002
AN ACT 1 Enabling counties and municipalities to develop watershed-based 2 storm water plans and to regulate storm water within 3 designated watershed boundaries; imposing duties and 4 conferring powers on the Department of Environmental 5 Protection, on the Environmental Quality Board, on counties 6 and on municipalities; providing for financing; and making an 7 appropriation. 8 TABLE OF CONTENTS 9 Section 1. Short title. 10 Section 2. Legislative findings. 11 Section 3. Purpose. 12 Section 4. Definitions. 13 Section 5. Comprehensive watershed storm water plans. 14 Section 6. Implementation of comprehensive watershed 15 storm water management plan. 16 Section 7. Powers and duties of county. 17 Section 8. Duties of municipalities in regulating development
1 of land. 2 Section 9. Entry upon land for surveys and examinations. 3 Section 10. Powers and duties of department and Environmental 4 Quality Board. 5 Section 11. Permits. 6 Section 12. Preservation of existing rights and remedies. 7 Section 13. Grants. 8 Section 14. Appropriation. 9 Section 15. Applicability. 10 Section 16. Effective date. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Short title. 14 This act shall be known and may be cited as the Comprehensive 15 Watershed Storm Water Act. 16 Section 2. Legislative findings. 17 The General Assembly finds that: 18 (1) There are several adverse consequences of 19 uncontrolled runoff of storm water and subsurface drainage, 20 including increased flood stages in streams, reduced 21 groundwater recharge, erosion and sedimentation problems and 22 decreased stream quality. 23 (2) Watershed-based comprehensive storm water management 24 planning and implementation are critical to protect the 25 public health and safety of the people of this Commonwealth. 26 (3) There is a need for dedicated funding to develop and 27 implement comprehensive watershed storm water plans and to 28 construct storm water facilities to manage and control 29 existing and future storm water runoff and subsurface 30 drainage. 20020H2009B3368 - 2 -
1 (4) The act of October 4, 1978 (P.L.864, No.167), known 2 as the Storm Water Management Act, is not sufficiently 3 comprehensive to address the needs of this Commonwealth. 4 While the act provides a basis for storm water management, 5 additional legislation is needed to provide thorough 6 management. 7 Section 3. Purpose. 8 The purpose of this act is to: 9 (1) Enable counties and municipalities to develop 10 comprehensive watershed-based storm water plans for the 11 following purposes: 12 (i) Preventing increased flood stages in streams. 13 (ii) Controlling the quantity, direction and 14 velocity of storm water runoff and subsurface drainage. 15 (iii) Improving groundwater recharge. 16 (iv) Reducing erosion and sedimentation. 17 (2) Encourage the regional implementation of 18 comprehensive watershed storm water management plans within 19 designated watershed boundaries to preserve and protect areas 20 adversely affected by storm water runoff and subsurface 21 drainage. 22 Section 4. Definitions. 23 The following words and phrases when used in this act shall 24 have the meanings given to them in this section unless the 25 context clearly indicates otherwise: 26 "Agency." A county, municipal or regional organization 27 authorized pursuant to section 5 or 6 to develop, implement or 28 comment on a comprehensive watershed storm water plan. 29 "Bonds." The notes, bonds and other evidence of indebtedness 30 or obligations which are authorized to be issued pursuant to 20020H2009B3368 - 3 -
1 section 7. 2 "Commercial property." Any property developed for 3 manufacturing; processing of raw materials or products; 4 nonmanufacturing purposes, including stores, office buildings, 5 shopping centers, industrial parks, trucking terminals or 6 railroads; institutional purposes, including schools, churches, 7 hospitals or other services; or property developed as a primary 8 or secondary residence for occupation by three or more 9 residential properties. 10 "Comprehensive watershed storm water plan." A plan 11 containing all of the elements prescribed under the act of 12 October 4, 1978 (P.L.864, No.167), known as the Storm Water 13 Management Act, plus elements outlined in section 5(c), for the 14 specific purpose of managing all storm water flows within the 15 watershed. 16 "County." A body politic and corporate, created pursuant to 17 the act of August 9, 1955 (P.L.323, No.130), known as The County 18 Code. 19 "Department." The Department of Environmental Protection of 20 the Commonwealth. 21 "Flow standard." The measured quantity, quality, velocity 22 and direction of storm water. 23 "Municipality." A city, borough, town, a township or another 24 governmental unit when acting as an agent thereof or any 25 combination of these acting jointly. 26 "NPDES." National Pollutant Discharge Elimination System. 27 "Regional storm water facility." A storm water facility 28 which is located in, is financed by or serves more than one 29 municipality in a watershed. 30 "Residential property." Any property developed as a primary 20020H2009B3368 - 4 -
1 or secondary residence for occupation by two or less families. 2 "Storm water." Drainage runoff from the surface of the land 3 resulting from precipitation or snow or ice melt. 4 "Storm water facility." A natural feature or man made 5 facility that collects, detains, retains, conveys, treats or 6 allows infiltration of storm water or subsurface drainage. 7 "Subsurface drainage." Drainage runoff which occurs below 8 the surface of the ground resulting from precipitation, snow or 9 ice melt occurring naturally or by alteration or development of 10 land. 11 "Watershed." The entire region or area drained by a river or 12 other body of water, whether natural or artificial, as 13 designated pursuant to the act of October 4, 1978 (P.L.864, 14 No.167), known as the Storm Water Management Act. 15 "Watershed storm water plan." A plan for storm water 16 management prepared for a watershed and adopted by a county in 17 accordance with act of October 4, 1978 (P.L.864, No.167), known 18 as the Storm Water Management Act. 19 Section 5. Comprehensive watershed storm water plans. 20 (a) Local authorization to counties.--The following shall 21 apply: 22 (1) The county or counties located in a watershed, 23 acting jointly or through a joint agency, may develop a 24 comprehensive storm water management plan as described in 25 subsection (c). If all counties in the watershed do not agree 26 to develop the plan, the plan shall assume flow standards at 27 the boundaries of the nonparticipating county or counties 28 which are consistent with the comprehensive watershed storm 29 water plan. 30 (2) Federal lands shall be included in the comprehensive 20020H2009B3368 - 5 -
1 storm water management plan with the consent of the United 2 States Department of the Interior. 3 (3) State lands shall be included in the comprehensive 4 storm water management plan with the consent of the 5 Department of Conservation and Natural Resources. 6 (4) The comprehensive storm water management plan shall 7 be generally consistent with county and municipal 8 comprehensive plans enacted under the act of July 31, 1968 9 (P.L.805, No.247), known as the Pennsylvania Municipalities 10 Planning Code. 11 (5) The comprehensive storm water management plan shall 12 be generally consistent with municipal comprehensive plans 13 adopted under the Pennsylvania Municipalities Planning Code. 14 A municipal comprehensive plan enacted after adoption of a 15 comprehensive storm water management plan shall be generally 16 consistent with the comprehensive storm water management 17 plan. 18 (b) Composition.--The comprehensive watershed storm water 19 plan shall consist of, but is not limited to: 20 (1) Identification of existing storm water and 21 subsurface drainage problems in the watershed. 22 (2) Identification of existing storm water facilities in 23 the watershed, their engineering design features, their 24 ownership and maintenance responsibility. 25 (3) A design standard common to all storm water 26 facilities within the watershed. 27 (4) Designation of locations, sizes and types of storm 28 water facilities for construction to correct existing and 29 prevent future storm water and subsurface drainage problems. 30 (5) A priority listing for construction of each storm 20020H2009B3368 - 6 -
1 water facility included in the plan. 2 (6) Identification of financing alternatives for storm 3 water facilities. 4 (7) A program for public information, participation and 5 education. 6 (8) Provision for plan update or review at a minimum of 7 every ten years. 8 (9) Demonstration of consistency with other existing 9 Federal, State, interstate, regional, county and municipal 10 environmental and land use plans. 11 (10) Demonstrate consistency with existing watershed 12 storm water plans, including minimum standards required by 13 the act of October 4, 1978 (P.L.864, No.167), known as the 14 Storm Water Management Act. 15 (11) Design of a rate structure for fees and assessments 16 to implement the plan. 17 (12) A description of the mechanism by which the plan 18 will be implemented. 19 (13) A storm water infiltration standard for groundwater 20 recharge. 21 (14) Identification of other watershed storm water plans 22 which impact the planned watershed. 23 (c) Development.--Public participation in the development of 24 the comprehensive watershed storm water plan shall be provided 25 as follows: 26 (1) A comprehensive watershed storm water plan advisory 27 committee, composed of at least one representative from each 28 municipality, county and county soil and water conservation 29 district in the watershed shall be established to advise the 30 agency throughout the process. 20020H2009B3368 - 7 -
1 (2) Prior to adoption, the comprehensive watershed storm 2 water plan shall be reviewed by the official planning agency 3 and governing body of each municipality and county and by 4 each regional planing agency in the watershed, for 5 consistency with other plans and programs affecting the 6 watershed. All such reviews and the agency's responses shall 7 be submitted to the department with the plan, at the time an 8 approval of the plan is requested from the department. 9 (3) Prior to adoption or amendment of the plan, 10 reasonable public notice shall be given and a public hearing 11 shall be held within the watershed. 12 (d) Adoption.--Adoption or amendment of the plan shall be by 13 resolution of the governing body or bodies of the agency or 14 agencies identified in subsection (a), which have authorized 15 development of the plan. 16 (e) Approval by department.--The following shall apply: 17 (1) Prior to adoption or substantive amendment, a 18 comprehensive watershed storm water plan shall be submitted 19 to the department for review and approval. The department 20 shall approve the plan if it determines that it is consistent 21 with the practice and intent of the following: 22 (i) Municipal flood plain management plans. 23 (ii) State programs which regulate dams, 24 encroachments, water obstructions, erosion and 25 sedimentation. 26 (iii) Federal and State flood control and water 27 quality programs. 28 (iv) Other watershed storm water plans which impact 29 the planned watershed. 30 (v) The policies and purposes of this act and the 20020H2009B3368 - 8 -
1 Storm Water Management Act. 2 (2) Unless the department approves, disapproves or 3 conditionally approves the plan within three months of 4 receipt, it will be deemed approved. 5 (f) Appeals.--Any person aggrieved by a final decision of 6 the department approving or disapproving a storm water 7 management plan or any amendment to it may appeal the decision 8 to the Environmental Hearing Board in accordance with the 9 provisions of the act of July 13, 1988 (P.L.530, No.94), known 10 as the Environmental Hearing Board Act. 11 Section 6. Implementation of comprehensive watershed storm 12 water management plan. 13 (a) Revision of ordinances.--All municipalities shall revise 14 their ordinances and regulations to conform with the 15 requirements of the comprehensive storm water plan. 16 (b) Infrastructure implementation.--Infrastructure 17 improvements under a department-approved comprehensive watershed 18 storm water plan may be implemented through any of the 19 following: 20 (1) Each municipality will carry out the plan within its 21 municipal boundaries. Any municipality in a watershed may 22 agree to assume responsibility for implementation of the plan 23 by acting jointly, with a municipality, with the county or 24 through a joint agency. 25 (2) One or more municipalities in the watershed may 26 request that the county or counties in the watershed assume 27 responsibility for implementation of the plan. The county or 28 counties may assume responsibility for implementation of the 29 plan and operational authority for the storm water facilities 30 as provided for in the plan, but only for municipalities 20020H2009B3368 - 9 -
1 which agree to allow the county or counties to assume 2 implementation responsibilities. 3 (3) If two-thirds of the municipalities, representing at 4 least 51% of the population within the watershed, through 5 adoption of resolutions of their governing bodies, request 6 that the county or counties in the watershed assume 7 responsibility for implementation of the plan, then the 8 county or counties shall assume such responsibility. 9 (c) Exercise of local authority.--A county or counties or 10 municipalities which have assumed responsibility for 11 implementation of the plan shall have the right to exercise 12 authority by any of the following methods: 13 (1) By creating an operational unit under the authority 14 of the county or municipalities or by assigning such 15 responsibility to an existing operational unit. 16 (2) By contracting with any private or public, profit or 17 not-for-profit organization, corporation or other legal 18 entity to perform such responsibilities in accordance with 19 the plan. 20 (d) Powers.--Municipalities exercising the authority to 21 implement the plan under subsection (b)(1) may exercise the 22 following powers: 23 (1) Deny any landowner in a municipality access to the 24 storm water facilities constructed pursuant to the plan 25 unless the landowner complies with the municipal ordinances 26 adopted under this act. 27 (2) Install necessary storm water facilities on private 28 property if the landowner does not comply with the municipal 29 ordinances adopted under this act requiring installation of 30 storm water facilities for activities on the landowner's 20020H2009B3368 - 10 -
1 property, and assess costs against such landowner, which 2 costs shall be recoverable in the same manner as assessments 3 under section 7. 4 (e) Ceding of authority.--Ceding of authority shall be 5 conducted as follows: 6 (1) Storm water facilities on private lands may be ceded 7 to the agency at the agency's discretion. Whether ceded or 8 not, the facilities shall be required to meet the flow 9 standards required under the comprehensive storm water 10 management plan. 11 (2) All ceded facilities shall be subject to an easement 12 for maintenance and inspection access. 13 (f) Fee authorization.--The county may levy an annual storm 14 water fee on real property to pay for all costs associated with 15 implementation under this section as defined in section 7. The 16 annual storm water fee may be countywide or may be implemented 17 in phases which reflect the implementation of the comprehensive 18 storm water plan. 19 (g) Reimbursement of implementation and maintenance costs.-- 20 The following shall apply to reimbursement: 21 (1) A municipality shall be reimbursed by the county for 22 its identified costs of infrastructure implementation and 23 maintenance under subsection (b)(1) and (2). 24 (2) Reimbursement shall not include costs related to 25 sanitary sewage facilities. 26 (3) The municipality may delay implementation of the 27 plan until the county provides for reimbursement to the 28 municipality for costs covered under this subsection. 29 (4) The county shall have the right to audit the 30 municipalities' costs of implementation. 20020H2009B3368 - 11 -
1 (h) Design criteria and standards.--The comprehensive 2 watershed storm water plan shall be the sole arbiter of the 3 engineering design and standard for any storm water facility 4 implemented under this section and the county shall have no 5 responsibility to reimburse the cost of any facility not meeting 6 the design criteria. 7 (i) Maintenance of storm water facilities.--Continuing 8 maintenance of storm water facilities shall be the 9 responsibility of the party implementing the facility unless 10 there is specific agreement otherwise between the agency and the 11 implementing party. 12 Section 7. Powers and duties of county. 13 (a) Plan development and implementation.--In addition to any 14 existing powers, the county responsible for development or 15 implementation of the comprehensive watershed storm water plan 16 shall have the power and duty to: 17 (1) Fix, alter, charge and collect fees and assessments 18 in the area served by the county and the associated watershed 19 at reasonable and uniform rates as determined exclusively by 20 the county in order to carry out the powers and duties 21 authorized under this act, including preparation of 22 comprehensive watershed storm water plans and their 23 implementation and the acquisition or construction of storm 24 water facilities in the watershed. The fees established under 25 this paragraph: 26 (i) Shall be assessed on real property in the 27 watershed as follows: 28 (A) The fee may be a flat fee or may be based on 29 the value of the real property. 30 (B) Commercial and industrial property may be 20020H2009B3368 - 12 -
1 assessed through a flat fee based upon impervious 2 surface coverage. 3 (C) A commercial property capable of managing 4 storm water through privately constructed and 5 operated storm water facilities, either on premises 6 to the design standard for a maximum draw down time 7 of 48 hours or through an NPDES-permitted outfall 8 directly to a water body that does not require 9 construction of additional public storm water 10 facilities, shall not be charged. A commercial 11 facility capable of managing a portion of its storm 12 water either on premises to the design standard for a 13 maximum draw down time of 48 hours, or through an 14 NPDES-permitted outfall directly to a water body that 15 does not require construction of additional public 16 storm water facilities shall be charged only its 17 proportional share of the fee, based on the area of 18 the facility not addressed by the onsite storm water 19 facilities meeting the design standard of section 20 5(b)(3). A commercial facility subject to the fee may 21 instead construct and operate additional onsite storm 22 water facilities meeting the design standard of 23 section 5(b)(3), thereby exempting that property from 24 all or a proportional share of the storm water use 25 fee. 26 (ii) By a county shall be added to the annual real 27 estate tax authorized and collected under, as 28 appropriate, the act of August 5, 1932 (Sp.Sess., P.L.45, 29 No.45), referred to as the Sterling Act, the act of July 30 28, 1953 (P.L.723, No.230), known as the Second Class 20020H2009B3368 - 13 -
1 County Code, the act of August 9, 1955 (P.L.323, No.130), 2 known as The County Code, or the act of December 31, 1965 3 (P.L.1257, No.511), known as The Local Tax Enabling Act, 4 authorizing counties to collect taxes. 5 (iii) Shall not exceed the cost of preparation or 6 implementation of the comprehensive watershed storm water 7 plan, which may include administrative, operating and 8 maintenance expenses and the payment of principal and 9 interest on its obligations. 10 (2) Make expenditures necessary to prepare and implement 11 the comprehensive watershed storm water plan. 12 (3) Deposit the revenues collected under this section in 13 a dedicated receipts account to be used for the exclusive 14 purpose of development and/or implementation of a 15 comprehensive watershed storm water plan. 16 (4) Collect delinquent fees in accordance with the act 17 of May 16, 1923 (P.L.207, No.153), referred to as the 18 Municipal Claim and Tax Lien Law. 19 (5) Levy and collect benefit assessments upon the 20 properties within the watershed for the purpose of acquiring 21 or constructing regional storm water facilities, which 22 properties, in its judgment, are especially benefited thereby 23 whether they abut such facilities or not, according to such 24 rule as the agency adopts, subject to the right of appeal. 25 These assessments may include a proportionate share of the 26 cost of any part of the regional storm water facility, 27 including the cost of preliminary studies and surveys, 28 detailed working plans and specifications, acquisition of 29 necessary land or property or an interest therein, damage 30 awards, construction costs, interest charges during 20020H2009B3368 - 14 -
1 construction, legal or other fees or any other expense 2 incidental to the completion of the work. In assessing 3 benefits and apportioning the amount to be raised among the 4 properties benefited, the agency may give consideration to 5 the area, to assessed real estate value, to present or 6 permitted use of the benefited properties and to any other 7 relevant factors. Revenue from the assessment of benefits 8 shall be used solely for the acquisition or construction of 9 the regional storm water facility, provided that such 10 assessments are solely for the payment of principal and 11 interest on bonds or notes issued to finance such acquisition 12 or construction. No assessment shall be made against any 13 property in excess of the special benefit to accrue to such 14 property. 15 (6) Borrow money, make and issue negotiable notes, 16 bonds, refunding bonds, and other evidences of indebtedness 17 or bonds of the agency, the bonds to have a maturity date not 18 longer than 40 years from the date of issue. 19 (7) Secure payment of the bonds or any part thereof by 20 pledge or deed of trust of all or any of its revenues and 21 receipts, and to make such agreements with the purchasers or 22 holders of such bonds or with others in connection with any 23 such bonds, whether issued or to be issued. 24 (8) Borrow money and issue such notes, bonds and other 25 indebtedness and obligations jointly with any adjoining 26 state, as the agency shall deem advisable and, in general, to 27 provide for the security for the bonds and the rights of the 28 holders thereof and in respect to any storm water facility 29 constructed and operated under agreement with any such 30 agency. Any agency may enter into any deed of trust, 20020H2009B3368 - 15 -
1 indenture or other agreement with any bank or trust company 2 or other person or persons in the United States having power 3 to enter into the same, including any Federal agency, as 4 security of such bonds and may assign and pledge all or any 5 of the revenue of receipts of the agency thereunder. Such 6 deed of trust, indenture or agreement may contain such 7 provisions as may be customary in such instruments or as the 8 agency may authorize, including, but not limited to, the 9 following: 10 (i) The construction, improvement, operation, 11 maintenance and repair of any storm water facility and 12 the duties of the agency with reference thereto. 13 (ii) The application of funds and the safeguarding 14 of funds on hand or on deposit. 15 (iii) The rights and remedies of the trustee and the 16 holder of the bonds, which may include restrictions upon 17 the individual right of action of such bondholders. 18 (iv) The terms and provisions of the bonds or the 19 resolutions authorizing the issuance of the same. 20 (9) Use any available Federal or State funds, and any 21 other funds, and set up accounts as are necessary to 22 implement the provisions of this act. 23 (10) Develop design details for the storm water 24 facilities to be implemented in accordance with the approved 25 comprehensive watershed storm water plan. 26 (11) Plan for capital facilities, including the 27 development of maintenance schedules. 28 (12) Review and approve the location, design and 29 construction within the watershed of facilities, owned or 30 financed, in whole or in part, by funds from the 20020H2009B3368 - 16 -
1 Commonwealth, including storm water facilities, obstruction, 2 flood control projects, highways and transportation 3 facilities, and facilities for the provision of public 4 utility service, to assure their consistency with the 5 comprehensive watershed storm water plan. The county shall 6 review and take action on such submissions concurrent with 7 the review period as provided in the act of July 31, 1968 8 (P.L.805, No.247), known as the Pennsylvania Municipalities 9 Planning Code. 10 (13) Inspect storm water facilities for adherence to 11 plans and construction and maintenance standards. 12 (14) Provide for routine maintenance. 13 (15) Construct regional storm water facilities. 14 (16) Cooperate with emergency response and relief 15 agencies. 16 (17) Provide for public comment on any project involving 17 the construction of capital facilities. 18 (b) Other requirements.--The powers and duties under this 19 section in no way relieve persons engaged in the alteration or 20 development of land of the responsibility to comply with the 21 requirements of municipal storm water ordinances, the approved 22 comprehensive watershed storm water plan and the requirements of 23 the act of October 4, 1978 (P.L.864, No.167), known as the Storm 24 Water Management Act. 25 (c) Objections.--Any resident, owner of real property or 26 person in the watershed questioning the rate fixed by the county 27 or the adequacy, safety and reasonableness of the agency's 28 services, including extensions thereof, shall first raise such 29 objections with the county or the agency, as the case may be. 30 After exhausting their administrative remedies, such persons may 20020H2009B3368 - 17 -
1 bring suit against the agency in the court of common pleas of 2 the county in which the principal office of the agency is 3 located. 4 Section 8. Duties of municipalities in regulating development 5 of land. 6 (a) Regulation.--A municipality shall regulate development 7 activities consistent with any applicable approved comprehensive 8 watershed storm water plan. 9 (b) Enforcement.--Nothing in this act shall prohibit a 10 municipality or county from enforcing any zoning, subdivision or 11 land development ordinance which the municipality or county has 12 adopted. 13 Section 9. Entry upon land for surveys and examinations. 14 Designated representatives of the agency, upon serving a 15 reasonable notice, may enter upon lands in the watershed to make 16 surveys and examinations to accomplish the necessary purposes of 17 the agency or to have access to storm water facilities. 18 Section 10. Powers and duties of department and Environmental 19 Quality Board. 20 (a) Technical assistance.--Upon request of a county or 21 municipality, the department shall provide technical assistance 22 as required for the purposes of this act. The department may 23 prepare and issue such guidelines as may be appropriate to 24 assist in the implementation of this act. 25 (b) Department authority.--Nothing in this act shall be 26 construed to abrogate the authority of the department under any 27 of the environmental laws administered by the department. 28 (c) Environmental Quality Board.--The Environmental Quality 29 Board shall adopt such rules and regulations of the department 30 as are necessary and appropriate to carry out the purposes of 20020H2009B3368 - 18 -
1 this act. 2 (d) Approval of comprehensive watershed storm water plan.-- 3 The department shall approve a comprehensive watershed storm 4 water plan, if it is consistent with section 5(e). 5 Section 11. Permits. 6 The department, the Environmental Quality Board and other 7 Commonwealth departments and agencies and county and municipal 8 governments and agencies shall make decisions with respect to 9 issuance of permits that are consistent with comprehensive storm 10 water management plans. 11 Section 12. Preservation of existing rights and remedies. 12 The taking of any action under the provisions of this act 13 shall not be construed as estopping the Commonwealth or any 14 county, municipality or aggrieved person from proceeding in 15 courts of law or equity to abate nuisances under existing law or 16 to restrain, at law or in equity, a violation of this act. 17 Section 13. Grants. 18 (a) Purpose.--The department may administer grants to 19 municipalities and counties and to assist or reimburse them for 20 costs in preparing comprehensive watershed storm water plans 21 under this act. Grants and reimbursements shall be made from and 22 to the extent of funds appropriated by the General Assembly for 23 such purposes and shall be made in accordance with rules and 24 regulations promulgated by the Environmental Quality Board. 25 (b) Amount.--A grant shall not exceed 50% of the allowable 26 costs for the preparation of a comprehensive watershed storm 27 water plan by any municipality or county. The grant shall be in 28 addition to grants for similar purposes made to any municipality 29 or county by the Federal Government. 30 Section 14. Appropriation. 20020H2009B3368 - 19 -
1 There is hereby appropriated $1,000,000 for the fiscal year 2 following enactment of this act to the Department of 3 Environmental Protection for the administrative and general 4 expenses necessary in implementing this act. This shall be a 5 continuing appropriation and shall not lapse. 6 Section 15. Applicability. 7 This act shall not apply to counties of the first class. 8 Section 16. Effective date. 9 This act shall take effect in 60 days. C4L16MSP/20020H2009B3368 - 20 -