1Amending the act of January 24, 1966 (1965 P.L.1535, No.537), 
2entitled, as amended, "An act providing for the planning and 
3regulation of community sewage systems and individual sewage 
4systems; requiring municipalities to submit plans for systems 
5in their jurisdiction; authorizing grants; requiring permits 
6for persons installing such systems; requiring disclosure 
7statements in certain land sale contracts; authorizing the 
8Department of Environmental Resources to adopt and administer 
9rules, regulations, standards and procedures; creating an 
10advisory committee; providing remedies and prescribing 
11penalties," further providing for penalties and for fines, 
12civil penalties and fees; and making editorial changes.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The definitions of "delegated agency," 
16"department," "official plan" and "secretary" in section 2 of 
17the act of January 24, 1966 (1965 P.L.1535, No.537), known as 
18the Pennsylvania Sewage Facilities Act, amended December 14, 
191994 (P.L.1250, No.149), are amended to read:

20Section 2. Definitions.--As used in this act:

21* * *

22"Delegated agency" means a municipality, local agency, 

1multimunicipal local agency or county or joint county department 
2of health to which the Department of Environmental [Resources] 
3Protection has delegated the authority to review and approve 
4subdivisions for new land developments as supplements to the 
5official plan of a municipality in which the subdivision is 
6located.

7"Department" means the Department of Environmental 
8[Resources] Protection of the Commonwealth [of Pennsylvania].

9* * *

10"Official plan" means a comprehensive plan for the provision 
11of adequate sewage systems adopted by a municipality or 
12municipalities possessing authority or jurisdiction over the 
13provision of such systems and submitted to and approved by the 
14State Department of Environmental [Resources] Protection as 
15provided herein.

16* * *

17"Secretary" means the Secretary of Environmental [Resources] 
18Protection of the Commonwealth [of Pennsylvania].

19* * *

20Section 2. Section 13 of the act, amended December 14, 1994 
21(P.L.1250, No.149), is amended to read:

22Section 13. Penalties.--[Any] (a) Except as otherwise 
23provided under subsection (b), any person who shall violate any
24provision of this act or the rules, regulations or standards
25promulgated pursuant to this act or who is the owner of a
26property on which a condition exists which constitutes a
27nuisance under this act or who resists or interferes with any
28officer, agent or employe of a local agency or the department,
29in accordance with the provisions of this act, in the
30performance of his duties, shall be guilty of a summary offense.

1Upon conviction thereof, such person shall be sentenced to pay a
2fine of not less than five hundred dollars ($500) nor more than
3five thousand dollars ($5,000), plus costs, or to imprisonment
4not to exceed ninety days, or both.

5(b) This section shall apply to a sewage enforcement officer
6only when that officer is the owner of the property on which a
7condition exists which constitutes a nuisance under this act.
8Any action taken by the department against a sewage enforcement
9officer under this act must be initiated with the State Board
10for Certification of Sewage Enforcement Officers and the
11department shall have the burden of proving the violation.

12Section 3. Section 13.1 of the act is amended by adding a
13subsection to read:

14Section 13.1. Fines, Civil Penalties and Fees.--* * *

15(a.1) Subsection (a) shall apply to a sewage enforcement
16officer only when that officer is the owner of the property on
17which a condition exists which constitutes a nuisance under this
18act. Any action taken by the department against a sewage
19enforcement officer under this act must be initiated with the
20State Board for Certification of Sewage Enforcement Officers and
21the department shall have the burden of proving the violation.

22* * *

23Section 4. This act shall take effect in 60 days.