1Amending the act of October 4, 1978 (P.L.864, No.167), entitled
2"An act providing for the regulation of land and water use
3for flood control and storm water management purposes,
4imposing duties and conferring powers on the Department of
5Environmental Resources, municipalities and counties,
6providing for enforcement, and making appropriations,"
7further providing for failure of municipalities to adopt
8implementing ordinances.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 12(c) of the act of October 4, 1978
12(P.L.864, No.167), known as the Storm Water Management Act, is
13amended and the section is amended by adding a subsection to
14read:

15Section 12. Failure of municipalities to adopt implementing
16ordinances.

17* * *

18[(c) If within 180 days of receipt of the notice of
19violation, the municipality has failed to comply with such

1requirement or regulation, as determined by the department, the
2department shall notify the State Treasurer to withhold payment
3of all funds payable to the municipality from the General Fund.
4Provided, that prior to any withholding of funds, the department
5shall give both notice to the municipality of its intention to
6notify the State Treasurer to withhold payment of funds and the
7right to appeal the decision of the department within the 180-
8day period following notification. The hearing shall be
9conducted before the Environmental Hearing Board in accordance
10with the provisions of the act of April 9, 1929 (P.L.177, 
11No.175), known as "The Administrative Code of 1929," and
12Chapters 5 and 7 of Title 2 (Administrative Law and Procedure),
13of the Pennsylvania Consolidated Statutes. If an appeal is filed
14within the 180-day period, funds shall not be withheld from the
15municipality until the appeal is decided.]

16* * *

17(e) Any municipality aggrieved by an action of the
18department shall have the right within 60 days of receipt of
19notice of such action to appeal such action to the Environmental
20Hearing Board pursuant to the act of July 13, 1988 (P.L.530,
21No.94), known as the "Environmental Hearing Board Act," and the
22provisions of Chapters 5 and 7 of Title 2 of the Pennsylvania
23Consolidated Statutes.

24Section 2. This act shall take effect in 60 days.