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PRINTER'S NO. 2725
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2331
Session of
2022
INTRODUCED BY GLEIM, HAMM, ZIMMERMAN, KEEFER, PICKETT, FEE,
RYAN, MILLARD, SCHLEGEL CULVER, JAMES, JOZWIAK AND ROWE,
FEBRUARY 9, 2022
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 9, 2022
AN ACT
Amending the act of October 4, 1978 (P.L.864, No.167), entitled
"An act providing for the regulation of land and water use
for flood control and storm water management purposes,
imposing duties and conferring powers on the Department of
Environmental Resources, municipalities and counties,
providing for enforcement, and making appropriations,"
further providing for powers and duties of the Department of
Environmental Resources; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of October 4, 1978 (P.L.864,
No.167), known as the Storm Water Management Act, is amended to
read:
AN ACT
Providing for the regulation of land and water use for flood
control and storm water management purposes, imposing duties
and conferring powers on the Department of Environmental
[Resources] Protection, municipalities and counties,
providing for enforcement, and making appropriations.
Section 2. The definition of "department" in section 4 of
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the act is amended to read:
Section 4. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Environmental [Resources]
Protection of the Commonwealth of Pennsylvania.
* * *
Section 3. Section 9(a) introductory paragraph of the act is
amended to read:
Section 9. Review and approval by the department.
(a) The department shall, in consultation with the
Department of Community [Affairs] and Economic Development,
review all watershed storm water plans and revisions or
amendments thereto. It shall approve the plan if it determines:
* * *
Section 4. Section 14 heading and (a) introductory
paragraph, (2) and (4) of the act are amended and the subsection
is amended by adding a paragraph to read:
Section 14. Powers and duties of the Department of
Environmental [Resources] Protection.
(a) The Department of Environmental [Resources] Protection
shall have the power and its duty shall be to:
* * *
(2) Provide in cooperation with the Department of
Community [Affairs] and Economic Development technical
assistance to counties and municipalities in implementing
this act.
* * *
(4) Review, in cooperation with the Department of
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Community [Affairs] and Economic Development, and approve all
watershed plans and revisions thereto.
* * *
(10.1) On an annual basis, conduct active water quality
testing of all waterways identified as in need of a watershed
storm water plan in accordance with 40 CFR Pt. 136 (relating
to guidelines establishing test procedures for the analysis
of pollutants). The following shall apply:
(i) If the department does not have the physical or
financial resources to conduct the water quality testing
under this paragraph, the department shall rely on the
following to calculate the water quality standards
pertaining to a watershed storm water plan:
(A) Water quality testing from the county
conservation district, the Pennsylvania Fish and Boat
Commission, the Department of Conservation and
Natural Resources, the Pennsylvania Game Commission
or an institution of higher education that receives
State funding.
(B) If the water quality testing under clause
(A) is not submitted by the municipality, a water
quality testing model may be used.
(ii) If the water quality testing under this
paragraph indicates that a waterway is in compliance with
the Federal Water Pollution Control Act (62 Stat. 1155,
33 U.S.C. ยง 1251 et seq.) and the water quality standards
established by the department, the department shall grant
a National Pollutant Discharge Elimination System permit
waiver for storm water discharge for a small municipal
separate storm sewer system.
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* * *
Section 5. Section 17(a) introductory paragraph and (c) of
the act are amended to read:
Section 17. Grants and reimbursements to municipalities and
counties.
(a) The Department of Environmental [Resources] Protection
is authorized to administer grants to municipalities and
counties to assist or reimburse them for costs in preparing
official storm water management plans and actual administrative
and enforcement and implementation costs and revisions to
official plans for storm water management required by this act.
Grants and reimbursements shall be made from and to the extent
of funds appropriated by the General Assembly for such purposes,
and shall be made in accordance to rules and regulations adopted
by the Environmental Quality Board.
* * *
(c) If, in any fiscal year, appropriations are insufficient
to cover the costs or grants and reimbursement to all
municipalities and counties eligible for such grants and
reimbursements in that fiscal year, the Department of
Environmental [Resources] Protection shall report such fact to
the General Assembly and shall request appropriation of funds
necessary to provide the grants authorized in this section. If
such a deficiency appropriation is not enacted, any municipality
or county which has not received the full amount of the grant
for which it is eligible under this section shall be as a first
priority reimbursed from appropriations made in the next
successive fiscal year.
Section 6. This act shall take effect in 60 days.
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