PRINTER'S NO. 2303
No. 1880 Session of 1977
INTRODUCED BY C. GEORGE, LETTERMAN, F. TAYLOR, YAHNER, CASSIDY, D. R. WRIGHT, McCALL, DeMEDIO, KOLTER, PETRARCA, W. D. HUTCHINSON, DUFFY, RAVENSTAHL, LOGUE, MACKOWSKI, CESSAR, DAVIES, STUBAN, GAMBLE, SWEET, LIVENGOOD, ENGLEHART AND B. F. O'BRIEN, NOVEMBER 16, 1977
REFERRED TO COMMITTEE ON CONSERVATION, NOVEMBER 16, 1977
AN ACT 1 Amending the act of June 22, 1937 (P.L.1987, No.394), entitled, 2 as amended, "An act to preserve and improve the purity of the 3 waters of the Commonwealth for the protection of public 4 health, animal and aquatic life, and for industrial 5 consumption, and recreation; empowering and directing the 6 creation of indebtedness or the issuing of non-debt revenue 7 bonds by political subdivisions to provide works to abate 8 pollution; providing protection of water supply; providing 9 for the jurisdiction of courts in the enforcement thereof; 10 providing additional remedies for abating pollution of 11 waters; imposing certain penalties; repealing certain acts; 12 regulating discharges of sewage and industrial wastes; 13 regulating the operation of mines; and placing 14 responsibilities upon landowners and land occupiers," 15 limiting the authority of the Department of Environmental 16 Resources and courts in requiring construction of sewerage 17 facilities by municipalities. 18 The General Assembly of the Commonwealth of Pennsylvania 19 hereby enacts as follows: 20 Section 1. Sections 203 and 210, act of June 22, 1937 21 (P.L.1987, No.394), known as "The Clean Streams Law," amended 22 July 31, 1970 (P.L.653, No.222), are amended to read: 23 Section 203. Municipal Sewage.--(a) Whether or not a 24 municipality is required by other provisions of this act to have
1 a permit for the discharge of sewage, if the department finds 2 that the acquisition, construction, repair, alteration, 3 completion, extension or operation of a sewer system or 4 treatment facility is necessary to properly provide for the 5 prevention of pollution or prevention of a public health 6 nuisance, the department may, subject to the limitations set 7 forth in subsection (c), order such municipality to acquire, 8 construct, repair, alter, complete, extend, or operate a sewer 9 system and/or treatment facility. Such order shall specify the 10 length of time, after receipt of the order, within which such 11 action shall be taken. 12 (b) The department may from time to time order a 13 municipality to file a report with the department pertaining to 14 sewer systems or treatment facilities owned, operated, or 15 maintained by such municipality or pertaining to the effect upon 16 the waters of the Commonwealth of any sewage discharges 17 originating from sources within the municipality. The report 18 shall contain such plans, facts, and information which the 19 department may require to enable it to determine whether 20 existing sewer systems and treatment facilities are adequate to 21 meet the present and future needs or whether the acquisition, 22 construction, repair, alteration, completion, extension, or 23 operation of a sewer system or treatment facility should be 24 required to meet the objectives of this act. Whether or not such 25 reports are required or received by the department, the 26 department may, subject to the limitations set forth in 27 subsection (c), issue appropriate orders to municipalities where 28 such orders are found to be necessary to assure that there will 29 be adequate sewer systems and treatment facilities to meet 30 present and future needs or otherwise to meet the objectives of 19770H1880B2303 - 2 -
1 this act. Such orders may include, but shall not be limited to, 2 orders requiring municipalities to undertake studies, to prepare 3 and submit plans, to acquire, construct, repair, alter, 4 complete, extend, or operate a sewer system or treatment 5 facility, or to negotiate with other municipalities for combined 6 or joint sewer systems or treatment facilities. Such orders may 7 prohibit sewer system extensions, additional connections, or any 8 other action that would result in an increase in the sewage that 9 would be discharged into an existing sewer system or treatment 10 facility. 11 (c) Notwithstanding any other provision of this section or 12 act to the contrary, a municipality may not be compelled by the 13 department or any court to construct, or be subjected to 14 criminal or civil penalties for failure to construct, a sewage 15 treatment plant or sewers if such construction is not 16 economically feasible. The department shall have the duty and 17 burden of establishing that such construction is economically 18 feasible under guidelines adopted by the Environmental Quality 19 Board in every case in which a municipality files a petition, 20 accompanied by a feasibility report and other documentation 21 required by the department, alleging that such construction is 22 not economically feasible. 23 (d) The Environmental Quality Board shall, by regulation, 24 adopt guidelines for determining whether or not construction of 25 sewerage facilities by municipalities is economically feasible. 26 In addition to other criteria which the board deems pertinent, 27 the board shall consider the following: 28 (1) The total market value of taxable real property in the 29 entire municipality and in the area or areas to be served. 30 (2) The average annual income of the residents of the 19770H1880B2303 - 3 -
1 municipality. 2 (3) The total cost and per capita cost of the project. 3 (4) The amount of Federal and State aid available for the 4 project. 5 (5) The number of residents and population density of the 6 municipality. 7 (6) The revenues and indebtedness of the municipality. 8 (7) Average Statewide total costs and per capita costs of 9 projects of comparable size and scope. 10 (8) Unusual topographical or other features creating 11 inequities in the assessment of construction costs. 12 (e) Whenever it is determined that construction of sewerage 13 facilities is not economically feasible in a particular 14 municipality, the municipality shall, to the extent that funds 15 are available and if the department determines that the 16 municipality should construct sewerage facilities, be given such 17 additional financial assistance under the act of January 19, 18 1968 (1967 P.L.996, No.443), known as "The Land and Water 19 Conservation and Reclamation Act," as shall be necessary to make 20 the construction economically feasible. 21 Section 210. Duties of Municipalities.--(a) It shall be the 22 duty of the corporate authorities of a municipality upon whom an 23 order is issued pursuant to section 203 of this act to proceed 24 diligently in compliance with such order. 25 (b) If the corporate authorities fail to proceed diligently, 26 or if the municipality fails to comply with the order within the 27 specified time, the corporate authorities shall be guilty of 28 contempt and shall be punished by the court in an appropriate 29 manner and, for this purpose, application may be made by the 30 Attorney General to the [Court of Common Pleas of Dauphin 19770H1880B2303 - 4 -
1 County, until such time as the Commonwealth Court comes into 2 existence and thereafter the Commonwealth Court instead of said 3 Court of Common Pleas of Dauphin County, or to the] court of 4 common pleas of the county wherein the municipality is situated, 5 which courts are hereby given jurisdiction. 6 (c) No court shall have jurisdiction to enforce an order 7 under subsection (b) or to enforce an order or otherwise compel 8 a municipality in an action at law or in equity to construct 9 sewerage facilities in any case where the municipality has filed 10 a petition under section 203(c) either prior to or subsequent to 11 the institution of court proceedings unless and until the 12 petition has been finally determined against the municipality. 13 Section 2. This act shall take effect in 90 days. A5L32RAW/19770H1880B2303 - 5 -