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                                                      PRINTER'S NO. 3368

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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
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     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.
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     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.














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