AN ACT

 

1Amending the act of April 8, 1949 (P.L.418, No.58), entitled,
2"An act to provide for and regulate the accumulation,
3investment, and expenditure of funds by cities, boroughs,
4incorporated towns and townships for preparing plans for
5sewage disposal systems, and for the construction,
6improvement or replacement of sewage disposal systems for
7which plans have been approved by the Sanitary Water Board of
8the Commonwealth," further providing for definitions, for
9creation of a Sewage Disposal System Fund and for expenditure
10of fund.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 1 of the act of April 8, 1949 (P.L.418, 
14No.58), entitled, "An act to provide for and regulate the
15accumulation, investment, and expenditure of funds by cities,
16boroughs, incorporated towns and townships for preparing plans
17for sewage disposal systems, and for the construction,
18improvement or replacement of sewage disposal systems for which
19plans have been approved by the Sanitary Water Board of the
20Commonwealth," is amended to read:

21Section 1. Definitions.--[As used in this act, the word or

1phrase] The following words and phrases when used in this act 
2shall have the meanings given to them in this section unless the 
3context clearly indicates otherwise:

4"Department" means the Department of Environmental Protection 
5of the Commonwealth.

6"Municipality" means any city, borough, incorporated town, or 
7township.

8"[Municipality] Municipal Authority" means a body politic and
9corporate created pursuant to the provisions of the former
10Municipality Authorities Act of 1945 [or], the former
11Municipality Authorities Act of 1935[.] or 53 Pa.C.S. Ch. 56 
12(relating to municipal authorities).

13"Private Lateral Sewer Line" means a private sewer line 
14serving a structure or dwelling, running from the structure or 
15dwelling to a public sewer line.

16"Sewage Disposal System" means a system for the disposal of 
17sewage, including all pipes carrying the sewage and all sewage 
18treatment works.

19"Special Fund" means a sewage disposal system fund created, 
20invested and expended in accordance with this act.

21"Sanitary Water Board" means the Sanitary Water Board of the 
22Commonwealth.

23Section 2. Sections 2 and 4 of the act are amended to read:

24Section 2. Creation of a Sewage Disposal System Fund.--Any
25municipality shall have power to create a special fund and to
26accumulate therein moneys for expenditure in accordance with the
27provisions of this act. Such special fund may consist of, (1)
28moneys transferred during any fiscal year from appropriations
29made for any particular purpose, which may not be needed, (2)
30surplus moneys in the general fund of the treasury of the

1municipality at the end of any fiscal year, and (3) moneys
2appropriated to the fund in the annual budget. All moneys
3appropriated or transferred to this special fund shall be used
4only for the planning, construction, improvement or replacement
5of a sewage disposal system: Provided, That no moneys shall be
6used for any construction, improvement or replacement unless the
7plans therefor have been approved by the [Sanitary Water Board] 
8department.

9Section 4. Expenditure of Fund.--

10(1) The moneys in any such special fund may be expended by
11the municipality singly, or jointly with the Federal Government,
12the Commonwealth or any department or agency thereof, or with
13one or more other municipalities or [municipality] municipal
14authorities, only for preparing plans for a sewage disposal
15system and for the construction, improvement or replacement of a
16sewage disposal system for which plans have been approved by the
17[Sanitary Water Board.] department.

18(2) Municipalities and municipal authorities are authorized
19to use public funds for the improvement, extension, repair or
20rehabilitation of private lateral sewer lines connected to
21public sewer systems, where the municipality or municipal
22authority determines that such activities will benefit the
23public sewer system. No municipality or municipal authority
24which has completed such activities shall be deemed to be the
25owner of such private lateral sewer lines, or to have any
26further responsibility to conduct such activities, unless a
27municipality or municipal authority makes an affirmative
28determination to accept such obligations.

29Section 3. This act shall take effect in 60 days.