THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GABLER, BAKER, BARRAR, BENNINGHOFF, BROOKS, CAUSER, CLYMER, D. COSTA, DENLINGER, EVERETT, FLECK, GEIST, GILLEN, GINGRICH, GODSHALL, HEFFLEY, HELM, HESS, HORNAMAN, KAVULICH, KILLION, KNOWLES, LONGIETTI, MARSHALL, METZGAR, MOUL, MURT, PICKETT, QUIGLEY, QUINN, RAPP, READSHAW, ROAE, STEVENSON, SWANGER AND WATSON, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 17, 2011  

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 failure of municipalities to adopt

implementing ordinances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 12(c) of the act of October 4, 1978

(P.L.864, No.167), known as the Storm Water Management Act, is

amended and the section is amended by adding a subsection to

read:

Section 12.  Failure of municipalities to adopt implementing

ordinances.

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[(c)  If within 180 days of receipt of the notice of

violation, the municipality has failed to comply with such

requirement or regulation, as determined by the department, the

department shall notify the State Treasurer to withhold payment

of all funds payable to the municipality from the General Fund.

Provided, that prior to any withholding of funds, the department

shall give both notice to the municipality of its intention to

notify the State Treasurer to withhold payment of funds and the

right to appeal the decision of the department within the 180-

day period following notification. The hearing shall be

conducted before the Environmental Hearing Board in accordance

with the provisions of the act of April 9, 1929 (P.L.177,

No.175), known as "The Administrative Code of 1929," and

Chapters 5 and 7 of Title 2 (Administrative Law and Procedure),

of the Pennsylvania Consolidated Statutes. If an appeal is filed

within the 180-day period, funds shall not be withheld from the

municipality until the appeal is decided.]

* * *

(e)  Any municipality aggrieved by an action of the

department shall have the right within 60 days of receipt of

notice of such action to appeal such action to the Environmental

Hearing Board pursuant to section 1921-A of "The Administrative

Code of 1929," and the provisions of Chapters 5 and 7 of Title 2

of the Pennsylvania Consolidated Statutes.

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