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House of Representatives
Session of 2015 - 2016 Regular Session


Posted: October 15, 2015 11:36 AM
From: Representative Mark Mustio
To: All House members
Subject: First Class Township Storm Water Legislation
Similar to my recently introduced bill amending the Second Class Township Code (HB 1325), I plan to introduce legislation that amends the First Class Township Code to authorize a township to assess reasonable and uniform fees for storm water management activities and facilities without the need to establish a municipal authority. The Municipality Authorities Act authorizes a storm water authority to impose a fee, but the First Class Township Code does not, despite the township being the entity that is ultimately responsible for complying with Federal MS4 regulations.

My legislation will authorize a First Class Township to assess reasonable and uniform fees, based in whole or in part, on characteristics of the subject property, which may include installation and maintenance of storm water facilities that meet best management practices approved and inspected by the township. The legislation will also authorize the enactment and enforcement of ordinances to govern and regulate the planning, management, implementation, construction and maintenance of storm water facilities.

While townships may incorporate storm water authorities in order to establish a fee for funding the additional work that must be done to comply with Federal regulations under the Clean Water Act, First Class Townships lack the legislative authorization to implement storm water management plans. My legislation holds those who implement the fee accountable to those who will be required to pay it. If the public is not happy with the township's decision to impose a storm water fee, it can voice an opinion at the ballot box.

Recently, the U.S. Environmental Protection Agency ordered 85 townships and boroughs in Pennsylvania to improve their storm water management programs. http://yosemite.epa.gov/opa/admpress.nsf/90829d899627a1d98525735900400c2b/7d5440b5ed7f309885257d010065f753!OpenDocument.
If an EPA audit determines that a municipality does not comply with the mandated Federal regulations, any fine that is levied can have a negative financial impact on the municipality.

Introduced as HB1661